Nội dung toàn văn Decree 34/2016/ND-CP detailing providing measures implementing law on promulgation legal documents
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THE GOVERNMENT |
THE SOCIALIST
REPUBLIC OF VIETNAM |
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No. 34/2016/ND-CP |
Hanoi, May 14, 2016 |
DECREE
DETAILING A NUMBER OF ARTICLES OF, AND PROVIDING MEASURES FOR IMPLEMENTING, THE LAW ON PROMULGATION OF LEGAL DOCUMENTS
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;
At the proposal of the Minister of Justice;
The Government promulgates the Decree detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details a number of articles of, and provides measures for implementing, the Law on Promulgation of Legal Documents (below referred to as the Law) regarding proposals for formulation of legal documents, regulatory impact assessment; drafting and appraisal of draft legal documents; formats and techniques of presentation of legal documents, except legal documents of the National Assembly, the National Assembly Standing Committee and the President; “CONG BAO” and public display of legal documents; translation of legal documents into ethnic minority languages and foreign languages; examination and handling of legal documents; review and systematization of legal documents; and assurance of resources for formulation and promulgation of legal documents.
Article 2. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Policy means the State’s orientation or solution for resolving a practical issue in order to attain a certain objective.
2. Regulatory impact assessment means the analysis and forecast of the impacts of a policy being elaborated on different groups of subjects so as to select the optimal solution for policy implementation.
3. “CONG BAO” means an official publication of the State, which is uniformly managed by the Government and on which legal documents, treaties already effective in the Socialist Republic of Vietnam and other legal documents are published as prescribed in this Decree.
4. Examination of legal documents means the consideration, evaluation and conclusion on the constitutionality, lawfulness and consistency of to-be-examined legal documents and handling of unlawful documents.
5. Review of legal documents means the consideration, comparison and evaluation of provisions of to-be-reviewed documents against documents serving as a basis for review and the socio-economic development situation so as to detect and handle, or propose the handling of, provisions which are contrary to law, contradictory or no longer appropriate, overlap or cease to be effective.
6. Systemization of legal documents means the collection and arrangement of legal documents which have been reviewed and identified as remaining effective according to the criteria prescribed in this Decree.
7. Overall review of the system of legal documents means the consideration and evaluation of the whole system of legal documents promulgated by competent agencies and persons within a specific period of time.
Article 3. Identification of legal documents
1. A legal document must meet all requirements on contents, competence, form, order and procedures prescribed in the Law.
2. The Prime Minister’s following decisions are not legal documents:
a/ Decisions approving strategies, programs, schemes, projects and plans;
b/ Decisions assigning socio-economic targets to agencies and units;
c/ Decisions establishing universities; establishing steering committees, councils or committees to perform tasks within a certain period of time;
d/ Decisions on commendation, disciplining or work assignment;
dd/ Decisions appointing, relieving from duty, dismissing, permitting the resignation of, or suspending from work, cadres and civil servants;
e/ Other decisions which do not have the contents prescribed in Article 20 of the Law.
3. The following resolutions, which are promulgated by People’s Councils, and decisions, which are promulgated by People’s Committees, are not legal documents:
a/ Resolutions relieving from duty or removing from office People’s Council deputies or holders of other posts;
b/ Resolutions approving results of election of deputies to People’s Councils and election of other posts;
c/ Resolutions dissolving People’s Councils;
d/ Resolutions approving the structures of specialized agencies under People’s Committees of provinces, centrally run cities, rural districts, urban districts, towns or provincial or municipal cities;
dd/ Resolutions on the establishment, merger or dissolution of specialized agencies under People’s Committees; decisions on the establishment of boards, steering boards, councils or committees to perform tasks within a certain period of time;
e/ Resolutions on total payrolls in localities;
g/ Resolutions on local budget estimates and final accounts;
h/ Decisions approving plans;
i/ Decisions assigning targets to each agency or unit;
k/ Decisions on payroll norms of agencies and units; decisions assigning payroll and administrative management expenses to each specialized agency under People’s Committees;
l/ Other resolutions and decisions which do not have the contents prescribed in Article 27, 28, 29 and 30 of the Law.
Chapter II
MAKING OF PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Section 1. FORMULATION OF CONTENTS OF POLICIES AND REGULATORY IMPACT ASSESSMENT
Article 4. Cases requiring the making of proposals for formulation of legal documents
1. Laws and ordinances.
2. The National Assembly’s resolutions prescribed at Points b and c, Clause 2, Article 15 of the Law; and the National Assembly Standing Committee’s resolutions prescribed at Point b, Clause 2, Article 16 of the Law.
3. The Government’s decrees prescribed in Clauses 2 and 3, Article 19 of the Law.
4. Resolutions of provincial-level People’s Councils which are prescribed in Clauses 2, 3 and 4, Article 27 of the Law.
Article 5. Formulation of contents of policies
1. Identifying issues which need to be resolved and causes of each issue.
2. Identifying general and specific objectives which need to be obtained when resolving issues.
3. Identifying orientations and solutions for resolving each issue.
4. Identifying subjects directly affected by policies and groups of subjects responsible for implementing the policies.
5. Identifying the competence to promulgate policies for resolving issues.
Article 6. Regulatory impact assessment
The to-be-assessed impacts of a policy include:
1. Economic impacts, which shall be assessed on the basis of conducting cost-benefit analysis for one matter or several matters related to production, business, consumption, the investment and business environment, competitiveness of enterprises, organizations and individuals, national or local economic development structure, public spending, public investment and other economic matters.
2. Social impacts, which shall be assessed on the basis of analyzing and forecasting impacts on one matter or several matters related to population, employment, property, health, the environment, healthcare, education, travel, poverty reduction, traditional cultural value, community connection, social affairs, and other social affairs.
3. Gender impacts (if any), which shall be assessed on the basis of analyzing and forecasting economic and social impacts related to the opportunities, conditions and capacity of exercising rights and enjoying benefits of each gender.
4. Impacts of administrative procedures (if any), which shall be assessed on the basis of analyzing and forecasting the necessity, lawfulness, reasonability and observance costs of administrative procedures to implement the policy.
5. Impacts on the legal system, which shall be assessed on the basis of analyzing and forecasting agencies’, organizations’ and individuals’ capacity for implementing and observing the policy, impacts on the state apparatus, and Vietnam’s capacity for implementing and observing treaties.
Article 7. Methods of regulatory impact assessment
Regulatory impact assessment shall be conducted by the quantitative and qualitative methods. In case of impossibility to apply the quantitative method, a regulatory impact assessment report must clearly state the reason.
Article 8. Responsibility to make regulatory impact assessment reports
1. Agencies, organizations and National Assembly deputies that make proposals for formulation of legal documents shall:
a/ Make regulatory impact assessment reports according to form No. 1 provided in Appendix V to this Decree;
b/ Collect opinions and criticism opinions on draft regulatory policy impact assessment reports; accept such opinions and finalize draft reports.
2. The National Assembly Office, National Assembly delegations’ offices and the Legislative Research Institute which are requested by National Assembly deputies to support the latter in making law or ordinance formulation proposals shall support National Assembly deputies in making regulatory impact assessment reports in accordance with this Decree.
Article 9. Use of information when making regulatory impact assessment reports
Information used to make regulatory impact assessment reports must be accurate and truthful with sources of information cited.
Section 2. COLLECTION OF OPINIONS ON PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Article 10. Responsibility to collect opinions in the course of making proposals for formulation of legal documents
In the course of making a proposal for formulation of a legal document, the proposal- making agency shall:
1. Collect opinions of subjects directly affected by the policies determined in the proposal and of related agencies, organizations and individuals as prescribed by the Law, and summarize, study, explain and accept such opinions.
2. Clearly identify each policy in the proposal on which opinions need to be collected in conformity with each subject whose opinions shall be collected and addresses for receiving opinions.
3. Send a dossier of proposal for legal document formulation to ministries, ministerial-level agencies, government-attached agencies and related agencies and organizations, for proposals for formulation of legal documents of central agencies, or to specialized agencies under the provincial-level People’s Committee, related line ministries and ministerial-level agencies, and other related agencies and organizations, for proposals for formulation of resolutions of provincial-level People’s Councils.
4. Send a dossier of proposal for legal document formulation to the Central Committee of the Vietnam Fatherland Front, for proposals for formulation of legal documents of central agencies, or to the provincial-level Committee of the Vietnam Fatherland Front, for proposals for formulation of resolutions of provincial-level People’s Councils, or to the Vietnam Chamber of Commerce and Industry, for proposals for formulation of legal documents related to rights and obligations of enterprises, to collect their opinions.
5. Hold meetings to collect opinions on basic policies determined in the proposal when necessary.
6. Study opinions so as to finalize the proposal for legal document formulation. The explanatory report on acceptance of opinions shall be published together with other documents in the dossier of proposal for legal document formulation on the Government Portal, the e-portal of the concerned province or centrally run city and the e-portal or website of the proposal-making agency.
Article 11. Organizations’ and individuals’ participation in the course of making proposals for formulation of legal documents
In the course of making a proposal for formulation of a legal document, the proposal-making agency or organization may mobilize the participation of research institutes, universities, societies, associations, other related organizations, specialists and scientists in the following activities:
1. Reviewing and evaluating the situation of law enforcement; reviewing and evaluating current legal documents.
2. Conducting sociological surveys and investigations; evaluating the actual status of social relations concerning the policies determined in the proposal.
3. Collecting, studying and comparing documents and treaties related to the policies determined in the proposal.
4. Conducting regulatory impact assessment for the policies determined in the proposal.
Article 12. Government’s giving of opinions on proposals for formulation of legal documents not to be submitted by the Government and recommendations on laws and ordinances
1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Government Office and related agencies and organizations in. preparing the Government’s opinions on proposals for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee not to be submitted by the Government, and National Assembly deputies’ recommendations on laws and ordinances for discussion by the Government.
When necessary, the Ministry of Justice may send dossiers of proposal for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, not to be submitted by the Government, and National Assembly deputies’ recommendations on laws and ordinances to related ministries and ministerial-level agencies for opinion; hold meetings with the participation of representatives of the proposal- making agencies, ministries, ministerial-level agencies, related agencies and organizations, specialists and scientists to collect their opinions on the proposals.
2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Government Office in, accepting opinions of the Government in order to revise draft documents on the Government’s opinions on proposals for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee not to be submitted by the Government, and National Assembly deputies’ recommendations on laws and ordinances for submission to the Prime Minister for consideration and decision.
Section 3. APPRAISAL OF PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Article 13. Responsibility to appraise proposals for formulation of legal documents
1. The Ministry of Justice shall:
a/ Organize the appraisal of proposals for formulation of laws and resolutions of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee to be submitted by the Government, and decrees of the Government, ensuring the drafting schedule and quality;
b/ Study contents related to proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government;
c/ When necessary, hold appraisal consultancy meetings or establish appraisal consultancy councils with the participation of representatives of the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Government Office, related agencies and organizations, specialists and scientists;
d/ Request agencies that make proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government, to explain about the proposals and provide information and documents relating to the policies determined in the proposals;
dd/ When necessary, organize seminars and talks about proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees* of the Government.
2. Provincial-level Justice Departments shall:
a/ Organize the appraisal of proposals for formulation of resolutions of provincial-level Councils to be submitted by provincial-level People’s Committees, ensuring drafting schedule and quality;
b/ Study contents related to resolution formulation proposals;
c/ When necessary, hold appraisal consultancy meetings or form appraisal consultancy councils with the participation of representatives of provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs, provincial-level People’s Committee Offices, related agencies and organizations, specialists and scientists;
d/ When necessary, hold seminars and talks about resolution formulation proposals.
Article 14. Responsibilities of agencies making proposals for formulation of legal documents and agencies involved in appraisal of proposals for formulation of legal documents
1. A ministry or ministerial-level agency that makes a proposal for formulation of a law or an ordinance of the National Assembly, an ordinance or a resolution of the National Assembly Standing Committee, or a decree of the Government shall:
a/ Send a proposal dossier as prescribed in Clause 1, Article 37 or Article 87 of the Law to the Ministry of Justice for appraisal;
b/ Provide relevant information and documents; give explanations about the proposal at the request of the Ministry of Justice;
c/ Ensure the participation of the Ministry of Justice and the Government Office in the course of making the proposal; study and accept appraisal opinions and revise the proposal on the basis of appraisal opinions for submission to the Government;
d/ Send the revised proposal, together with an explanatory report on acceptance of appraisal opinions, to the Ministry of Justice when submitting the proposal to the Government.
2. The Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs and the Government Office shall appoint representatives to participate in the appraisal of proposals for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee and decrees of the Government, which are appraised by the Ministry of Justice.
3. An agency or organization that makes a proposal for formulation of a resolution of a provincial-level People’s Council shall:
a/ Send a proposal dossier as prescribed in Article 114 of the Law to the provincial-level Justice Department for appraisal;
b/ Provide relevant information and documents; appoint representatives to join the appraisal consultancy council and attend appraisal meetings at the request of the provincial- level Justice Department;
c/ Ensure the participation of the provincial-level Justice Department and People’s Committee Office in the course of making the proposal; study and accept appraisal opinions and revise the proposal on the basis of appraisal opinions for submission to the provincial-level People’s Committee.
4. The provincial-level Departments of Finance; Home Affairs; and Labor, War Invalids and Social Affairs, and provincial-level People’s Committee Office shall appoint representatives to join the appraisal of a proposal for formulation of a resolution of the provincial-level People’s Council, which is appraised by the provincial-level Justice Department.
Article 15. Receipt and examination of dossiers of proposal for formulation of legal documents
1. The Ministry of Justice shall receive and examine dossiers of proposal for formulation of laws and ordinances of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government.
In case a dossier fails to meet the requirements specified in Clause 1, Article 37. and Article 87 of the Law, within 2 working days after receiving the dossier, the Ministry of Justice shall request the proposal-making agency to supplement the dossier. The proposal-making agency shall supplement the dossier at the request of the Ministry of Justice.
2. Provincial-level Justice Departments shall receive and examine dossiers of proposal for formulation of resolutions of provincial-level People’s Councils to be submitted by provincial- level People's Committees.
In case a dossier fails to meet the requirements prescribed in Article 114 of the Law, within 2 working days after receiving the dossier, the provincial-level Justice Department shall request the proposal-making agency to supplement the dossier. The proposal-making agency shall supplement the dossier at the request of the provincial-level Justice Department.
Article 16. Appraisal reports
1. Appraisal reports shall be made on the basis of studying, and results of appraisal meetings on, proposals for formulation of legal documents.
2. In case the Ministry of Justice or a provincial-level Justice Department concludes that a proposal for formulation of a legal document is unqualified for submission to the Government or the provincial-level Justice Committee, the Ministry of Justice or the provincial-level Justice Department shall state the reason in the appraisal report.
Section 4. APPROVAL OF PROPOSALS FOR FORMULATION OF LEGAL DOCUMENTS
Article 17. Submission of proposals for formulation of legal documents
1. Proposal-making agencies shall revise and finalize dossiers of proposal for formulation of legal documents for submission to the Government or provincial-level People’s Committees.
2. Responsibility to receive and examine dossiers of proposal for formulation of legal documents:
a/ The Government Office shall receive and examine dossiers of proposal for formulation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Government;
b/ Provincial-level People’s Committee Offices shall receive and examine dossiers of proposal for formulation of resolutions of provincial-level People’s Councils.
In case a dossier is incomplete as prescribed in the Law and this Decree, within 3 working days after receiving the dossier, the provincial-level People’s Committee Office shall request the proposal-making agency to complete the dossier, and shall include the proposal in the agenda of the nearest upcoming working session of the provincial-level People’s Committee within 5 working days after receiving the dossier.
Article 18. Approval of proposals for formulation of legal documents
1. The Government shall consider proposals for formulation of laws and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee; and decrees of the Government at its regular meetings. In case many proposals are made at the same time or according to the working agendas of the Government and the Prime Minister, the Government Office shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, proposing the holding of a specialized legislative meeting of the Government.
On the basis of the Government’s resolution approving a proposal for legal document formulation, the proposal-making agency shall take the initiative in drafting the document.
2. Provincial-level People’s Committees shall consider and approve proposals for formulation of resolutions of provincial-level People’s Councils at their regular meetings for submission to provincial-level People’s Council Standing Bodies. In case of approval, provincial-level People’s Council Standing Bodies shall issue a document assigning agencies and organizations to submit the draft resolutions, stating the deadline for submission to provincial- level People’s Councils and assigning provincial-level People’s Committees to allocate funds for the drafting.
Chapter III
MAKING OF THE GOVERNMENT’S PROPOSALS ON LAW- AND ORDINANCE- MAKING PROGRAMS
Article 19. Sending and receipt of dossiers of proposal for law and ordinance formulation
1. Annually, by December 31 at the latest, ministries and ministerial-level agencies shall send to the Ministry of Justice dossiers of proposal for formulation of laws and ordinances of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, which have been revised based on the Government’s resolutions.
2. The Ministry of Justice shall receive and examine dossiers of proposal for formulation of laws and ordinances of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, which have been approved by the Government, so as to make the Government’s proposals on law- and ordinance-making programs.
Article 20. Responsibility to make the Government’s proposals on law- and ordinance- making programs
1. On the basis of law and ordinance formulation proposals of ministries and ministerial- level agencies, which have been approved by the Government, the Ministry of Justice shall draft the Government’s proposals on law- and ordinance-making programs.
2. The making of the Government’s proposals on law- and ordinance-making programs must ensure:
a/ Conditions for drafting and implementing documents;
b/ Feasibility of law- and ordinance-making programs;
c/ Consistency and uniformity of the legal system;
d/ Order of priority of the Government and the Prime Minister for proposals in law- and ordinance-making programs.
3. The Government’s draft proposals on law- and ordinance-making programs shall be circulated to ministries, ministerial-level agencies and related agencies and organizations for opinion.
4. On the basis of collected opinions, the Ministry of Justice shall revise and finalize the Government’s draft proposals on law- and ordinance-making programs for submission to the Government.
Article 21. Submission of the Government’s draft proposals on law- and ordinance-making programs to the Government
1. A dossier of a draft proposal on a law- and ordinance making program must comprise:
a/ The Ministry of Justice’s report, clearly stating the situation of implementation of the previous year’s law- and ordinance-making program, principles of making the proposal, basic contents of the proposal, matters on which opinions remain divergent and opinions of the Ministry of Justice;
b/ The Government’s draft proposal on the law- and ordinance-making program, clearly stating titles of documents, intended time for submission to the National Assembly and National Assembly Standing Committee for opinion and approval;
c/ Electronic files of the documents prescribed in Clause 1, Article 37 of the Law, which have been revised based on the Government’s opinions.
2. The Government’s draft proposal on the annual law- and ordinance-making program shall be discussed and approved at the Government’s regular meeting of January of the year preceding the year when it is expected to be submitted to the National Assembly and National Assembly Standing Committee.
Article 22. Finalization of the Government’s proposals on law- and ordinance-making programs after they are approved by the Government
1. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Government Office in, accepting opinions of members of the Government and finalizing the Government’s proposals on law- and ordinance-making programs.
2. On the basis of opinions of the Prime Minister, the Minister of Justice shall, under the authorization of the Prime Minister and on behalf of the Government, sign, reports on submission of the Government’s proposals on law- and ordinance-making programs to the National Assembly Standing Committee.
Article 23. Responsibility to implement law- and ordinance-making programs
1. Based on a law- and ordinance-making program of the National Assembly, the Ministry of Justice shall:
a/ Assume the prime responsibility for, and coordinate with the Government Office in, drafting and submitting to the Prime Minister for promulgation a decision assigning agencies in charge of, and agencies coordinating in, the drafting and determining the time for submission of draft laws and ordinances to the Government:
b/ Monitor, urge and examine the drafting so as to ensure drafting schedule and quality;
c/ Quarterly report to the Prime Minister on the situation, schedule and matters arising in the course of implementing the law- and ordinance-making program.
2. Agencies assigned to take charge of drafting laws and ordinances shall ensure drafting schedule and quality; monthly update e-information and quarterly send written reports on the implementation of the law- and ordinance-making program and the drafting schedule to the Ministry of Justice.
Article 24. Proposals for adjustment of law- and ordinance-making programs
1. Ministries and ministerial-level agencies shall propose adjustments to a law- and ordinance-making program in the cases prescribed in Article 51 of the Law.
In case of proposing for removal of a law or an ordinance from a law- or ordinance-making program, the proposing agency shall make a report, clearly stating the reason; in case of proposing for adjustment of the time for submission of a draft law or ordinance, the proposing agency shall make a report, clearly stating the reason, solutions and time for submission.
2. The Government shall decide on adjustments to law- and ordinance-making programs and submit such adjustments to the National Assembly and National Assembly Standing Committee.
The Minister of Justice shall, under the authorization of the Prime Minister and on behalf of the Government, sign reports on submission of the Government’s proposal for adjustments to law- and ordinance-making programs to the National Assembly Standing Committee.
Chapter IV
DRAFTING AND APPRAISAL OF DRAFT LEGAL DOCUMENTS
Section 1. DRAFTING OF LEGAL DOCUMENTS
Article 25. Responsibilities of agencies and organizations in charge of drafting legal documents
1. To perform the tasks prescribed by the Law.
2. To ensure the participation of the Ministry of Justice and the Government Office in the course of drafting legal documents.
3. To send dossiers of draft legal documents to the Vietnam Fatherland Front’s Central Committee, for legal documents of central agencies; to Vietnam Fatherland Front’s Committees of the same level, for legal documents of local agencies; or to the Vietnam Chamber of Commerce and Industry, for legal documents concerning rights and obligations of enterprises, to collect their opinions.
4. To prepare draft detailing documents after the Government decides to submit the relevant draft laws and ordinances.
Article 26. Establishment and operation of Drafting Boards
1. A minister or ministerial-level agency head shall establish a Drafting Board in case his/ her ministry or agency is assigned to take charge of drafting:
a/ A law or an ordinance of the National Assembly, or an ordinance or a resolution of the National Assembly Standing Committee to be submitted by the Government, except the case prescribed in Clause 1, Article 52 of the Law;
b/ A decree of the Government, if necessary.
2. The composition of a Drafting Board must comply with Article 53 and Point b. Clause 2, Article 90 of the Law.
A Drafting Board shall terminate its operation and resolve after the legal document is promulgated.
3. The Drafting Board shall operate on the following principles:
a/ Collegial discussion;
b/ Ensuring transparency, objectivity and scientificity;
c/ Upholding personal responsibility of the head and members of the Drafting Board.
4. A meeting of the Drafting Board shall be held as follows:
a/ The head of the Drafting Board shall convene the meeting, depending on the characteristics and contents of the draft legal document and requirements on the drafting schedule:
b/ The meeting shall be attended by representatives of related agencies and organizations, specialists, scientists and members of the editorial group;
c/ Members of the Drafting Board shall discuss issues prescribed in Clause 2, Article 54 of the Law at the meeting;
d/ Documents of the meeting shall be prepared by the agency in charge of the drafting and sent to members of the Drafting Board at least 5 working days before the meeting is held.
Article 27. Establishment of editorial groups
1. In case a Drafting Board is established, its head may set up an editorial group to assist the Drafting Board. The editorial group shall be composed of members appointed by agencies and organizations whose representatives are members of the Drafting Board, specialists and scientists. The editorial group shall have at most half of its members being specialists from the agency in charge of the drafting.
The head of the editorial group is a member of the Drafting Board who shall be appointed by the head of the Drafting Board and report to the head of the Drafting Board on assigned tasks. Members of the editorial group shall participate in all activities of the editorial group and be subject to the assignment of the head of the editorial group.
2. In case no Drafting Board is established, the agency in charge of the drafting may establish an editorial group with the participation of specialists, scientists and experts from the agency in charge of the drafting.
Article 28. Responsibility to propose and make lists of detailing documents
1. Ministries and ministerial-level agencies in charge of drafting legal documents with contents to be assigned for detailing shall:
a/ Propose documents detailing laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President, clearly stating the titles of documents to be detailed; articles, clauses and points to be assigned for detailing; tentative names of detailing documents, agencies in charge of, and agencies coordinating in, the drafting, and intended date of submission and promulgation of the draft;
b/ Collect contents of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders or decisions of the President to be assigned to localities for detailing;
c/ Within 20 days after a law or resolution of the National Assembly, an ordinance or a resolution of the National Assembly Standing Committee is passed; or within 10 days after an order or a decision of the President is signed, the ministry or ministerial-level agency in charge of the drafting shall send to the Ministry of Justice a list of detailing documents prescribed at Points a and b, Clause 1 of this Article.
2. The Ministry of Justice shall:
a/ Receive and summarize proposals so as to make lists of detailing documents specified at Points a and b, Clause 1 of this Article and send them to ministries and ministerial-level agencies to be assigned to draft such detailing documents for opinion;
b/ Assume the prime responsibility for, and coordinate with the Government Office in, making and submitting to the Prime Minister for consideration and decision lists of documents detailing laws and resolution of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President according to Clause 2, Article 82 of the Law;
c/ Notify in writing provincial-level People’s Councils and People’s Committees of lists of contents to be assigned to localities for detailing prescribed at Point b, Clause 1 of this Article.
3. Provincial-level Justice Departments shall:
a/ Assume the prime responsibility for, and coordinate with provincial-level People’s Council Offices and related agencies and organizations in, making and submitting to provincial- level People’s Council Standing Bodies for decision lists of resolutions of provincial-level People’s Councils which detail laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, and orders and decisions of the President;
b/ Assume the prime responsibility for, and coordinate with provincial-level People’s Committee Offices and related agencies and organizations in, making and submitting to provincial- level People’s Committee chairpersons lists of decisions of provincial-level People’s Committees which detail laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committees, and orders and decisions of the President.
Article 29. Responsibility to formulate, and monitor and urge the formulation of, detailing documents
1. Responsibilities of agencies in charge of drafting detailing documents:
a/ To ensure drafting quality and schedule and comply with the deadlines for submission of detailing documents as prescribed in decisions promulgating lists of detailing documents issued by the Prime Minister, provincial-level People’s Committee chairpersons and provincial-level People’s Council Standing Bodies;
b/ By the 23rd every month, to update e-information or send information on the formulation and promulgation of detailing documents to legal organizations of ministries or ministerial-level agencies or provincial-level Justice Departments for monitoring and summarization. By the 25th every month, legal organizations of ministries or ministerial-level agencies or provincial-level Justice Departments shall update e-information or send information to the Ministry of Justice;
c/ In case of proposing to adjust the time for submitting a detailing document, the agency in charge of the drafting shall make a written proposal, clearly stating the reason, solutions and implementation schedule and send such proposal to the Ministry of Justice or provincial-level Justice Department for summarization and reporting to the Prime Minister or to the provincial- level People’s Committee chairperson for consideration and decision.
2. Responsibilities of the Ministry of Justice:
a/ To monitor, urge and examine the drafting of detailing documents, ensuring drafting schedule and quality;
b/ Quarterly, to report to the Prime Minister on the situation, progress and matters arising in the course of drafting detailing documents.
3. Responsibilities of provincial-level Justice Departments:
a/ To monitor, urge and examine the drafting of detailing documents in localities, ensuring drafting schedule and quality;
b/ Quarterly, to report to provincial-level People’s Committee chairpersons and Ministry of Justice on the situation, progress and matters arising in the course of drafting detailing documents.
Article 30. Responsibility to formulate, and monitor and urge the promulgation of, new decrees of the Government and decrees amending, supplementing, replacing or annulling existing ones
1. Ministries and ministerial-level agencies shall base on review results and state management requirements to propose promulgating new decrees of the Government and amending, supplementing, replacing and annulling existing ones and send proposal dossiers to the Ministry of Justice for appraisal according to Chapter II of this Decree.
2. After the Government approves decree formulation proposals, the Government Office shall include such proposals into the Government’s working program; and monitor and urge the drafting and submission of decrees as prescribed in Clause 1 of this Article.
Article 31. Regulatory impact assessment for policies determined in draft legal documents
1. In the course of drafting, appraising, verifying, considering and giving opinions on drafts of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and decrees of the Governments as prescribed in Clauses 2 and 3, Article 19 of the Law, if such documents are proposed to be added with new policies, the agencies, organizations and individuals proposing the policies shall make regulatory impact assessment reports for such new policies within 10 days after proposing new policies.
Regulatory impact assessment reports for new policies shall be made according to Articles 5, 6 and 7; Point a, Clause 1, Article 8; and Article 9, of this Decree and included in dossiers of draft laws, resolutions, ordinances and decrees.
For documents to be submitted by the Government, agencies in charge of drafting the documents shall report to the Government on the contents of new policies (if any); for documents not to be submitted by the Government, the Ministry of Justice shall coordinate with verification agencies so as to timely report to the Government on the contents of new policies (if any).
2. Before drafting decisions of the Prime Minister and circulars of ministries and ministerial-level agencies prescribed in Clause 2, Article 24 of the Law, agencies in charge of the drafting shall make regulatory impact assessment reports for new policies (if any).
Regulatory impact assessment reports shall be made according to Articles 5, 6 and 7; Point a, Clause 1, Article 8; and Article 9, of this Decree.
3. In case new policies are proposed to be added to a draft decree detailing a law or resolution of the National Assembly, an ordinance or a resolution of the National Assembly Standing Committee, or an order or a decision of the President prescribed in Clause 1, Article 19 of the Law; or a draft decision of a provincial-level People’s Committee detailing a document of a superior state agency prescribed at Point c, Article 128 of the Law in the course of drafting such decree or decision, the agency in charge of the drafting shall conduct regulatory impact assessment in accordance with the Law and this Decree before drafting the decree or decision.
Article 32. Participation of organizations and individuals in the course of drafting legal documents
In the course of drafting legal documents, agencies in charge of the drafting may mobilize the participation of research institutes, universities, societies, associations and other related organizations or specialists and scientists in the following activities:
1. Conducting regulatory impact assessment for policies determined in draft legal documents.
2. Drafting documents and conducting other activities at the request of agencies in charge of the drafting.
Article 33. Processing of dossiers of draft legal documents at the Government Office and provincial-level People’s Committee Offices
1. Processing of the dossier of a draft legal document at the Government Office:
a/ The Government Office shall receive and examine the dossier. In case the dossier is incomplete, within 3 working days after receiving it, the Government Office shall request in writing the agency in charge of the drafting to supplement and complete the dossier;
b/ Within 5 working days after receiving a complete dossier, the Government Office shall submit it to the Prime Minister for the latter to consider and decide to bring it to the Government’s meeting;
In the cases prescribed in Articles 60 and 94; and Clause 1, Article 100, of the Law, within 7 days after the Government Office receives a complete dossier, the Minister-Chairperson of the Government Office shall hold a meeting of related agencies. Within 7 days after the meeting is held, the agency in charge of the drafting shall coordinate with related agencies in further revising and finalizing the draft for submission to the Government.
2. Processing the dossier of a draft legal document at a provincial-level People’s Committee Office:
a/ The provincial-level People’s Committee Office shall receive and examine the dossier. In case the dossier is incomplete, within 3 working days after receiving it, the provincial-level People’s Committee Office shall request in writing the agency in charge of the drafting to supplement and complete the dossier;
b/ Within 5 working days after receiving a complete dossier, the provincial-level People’s Committee Office shall submit it to the provincial-level People’s Committee chairperson for latter to consider and decide to bring it to the provincial-level People’s Committee meeting.
Article 34. Revision of draft legal documents after obtaining the Government’s opinions
1. Agencies in charge of the drafting shall assume the prime responsibility for, and coordinate with the Ministry of Justice, the Government Office and related agencies in, accepting opinions of the Government and revising and finalizing draft documents.
2. Under the authorization of the Prime Minister, ministers and heads of ministerial-level agencies shall, on behalf of the Government, sign reports on submission of draft laws and resolutions to the National Assembly; submission of draft ordinances and resolutions to the National Assembly Standing Committee; and submission of draft decrees to the Prime Minister for signing after they are approved by the Government.
Article 35. Preparation of the Government’s opinions on draft laws, ordinances and resolutions not to be submitted by the Government
1. Within 3 working days after receiving the dossier of a draft law, ordinance or resolution not to be submitted by the Government, the Government Office shall report and propose the Prime Minister to assign a ministry or ministerial-level agency to assume the prime responsibility for, and coordinate with the Ministry of Justice in, preparing the Government’s opinions. The agency in charge of preparing the Government’s opinions shall send the dossier of the draft to related ministries and ministerial-level agencies for opinion.
2. Within 5 working days after receiving the dossier, ministries and ministerial-level agencies shall send their written opinions on the draft to the ministry or ministerial-level agency assigned by the Prime Minister to take charge of preparing the Government’s opinions.
3. When necessary or at the request of the agency in charge of preparing the Government’s opinions, the Prime Minister shall decide to discuss the draft at a meeting of the Government.
4. On the basis of written opinions of ministries and ministerial-level agencies and opinions of members of the Government, the minister or head of the ministerial-level agency assigned by the Prime Minister to prepare the Government’s opinions shall assume the prime responsibility for, and coordinate with the Government Office and the Ministry of Justice in, summarizing and finalizing a document on the Government’s opinions, then sign the document and send it to the agency or organization in charge of the drafting on behalf of the Government and under the authorization of the Prime Minister.
Article 36. Drafting and promulgation of a document amending, supplementing, replacing or annulling many legal documents
1. A ministry or ministerial-level agency shall promulgate according to its competence, or propose a competent agency to promulgate, a legal document amending, supplementing, replacing or annulling many legal documents promulgated by the same agency in the following cases:
a/ When it is necessary to timely complete the legal system to implement a treaty to which the Socialist Republic of Vietnam is a contracting party;
b/ When it is necessary to concurrently amend, supplement, replace or annul many legal documents of same sector or having a close relationship so as to ensure the consistency with a new legal document;
c/ The to-be-promulgated document has contents which are related to one document or many documents promulgated by the same agency but differ from provisions in such document(s);
d/ To implement an approved plan on simplification of administrative procedures.
2. Agencies, organizations and persons competent to propose People’s Councils or People’s Committees to promulgate legal documents shall propose People’s Councils or People’s Committees of the same level to issue a legal document amending, supplementing, replacing or annulling many legal documents promulgated by the same agency in the cases prescribed in Clause 1 of this Article,
Article 37. Proposals for formulation and promulgation of legal documents according to the simplified order and procedures
1. The Prime Minister shall, at his/ her own will or at the request of a minister or the head of a ministerial-level agency, decide according to his/ her competence or propose a competent agency to decide to apply the simplified order and procedures as prescribed in Article 146 and Clause 3, Article 147 of the Law.
2. Provincial-level People’s Council Standing Bodies shall, at their own will or at the request of provincial-level People’s Committees, decide to apply the simplified order and procedures in the formulation and promulgation of resolutions of provincial-level People’s Councils as prescribed in Article 146, and Clause 4, Article 147, of the Law.
3. Provincial-level People’s Committee chairpersons shall, at their own will or at the request of specialized agencies under provincial-level People’s Committees, decide to apply the simplified order and procedures in the formulation and promulgation of decisions of provincial- level People’s Committees as prescribed in Article 146, and Clause 4, Article 147, of the Law.
4. A written proposal prescribed in Clause 1, 2 or 3 of this Article shall clearly state the grounds for application of the simplified order and procedures; the title of the document and the necessity to promulgate the document; subjects and scope of regulation of the document; major contents of the document; agency expected to take charge of the drafting and intended time for submission of the document.
Article 38. Determination of effect of legal documents
1. Determination of effect of legal documents upon promulgation:
The effective date of a legal document shall be specified right in the document as prescribed in Articles 151 and 152 of the Law. The agency in charge of the drafting shall specify the intended effective date of the legal document right in the draft document on the basis of ensuring sufficient time for agencies, organizations and individuals to access the document and for subjects responsible for implementing the document to prepare for the implementation.
2. Identification of detailing documents ceasing to be effective:
a/ In case a legal document ceases to be effective, the legal document detailing articles, clauses and points as assigned in such document shall also cease to be effective;
b/ In case a legal document with contents assigned for detailing ceases to be effective in part, its parts which detail the contents ceasing to be effective shall cease to be effective concurrently with these contents. In case of impossibility to identify contents ceasing to be effective of a detailing document, such document shall cease to be effective in whole;
c/ In case a document details many legal documents of which only one document or several documents with contents assigned for detailing cease(s) to be effective, the detailing document shall have its contents ceasing to be effective concurrently with the document(s) with contents assigned for detailing which cease to be effective. In case of impossibility to identify the detailing document’s contents ceasing to be effective, such document shall cease to be effective in whole.
3. Ministries and ministerial-level agencies in charge of drafting legal documents which cease to be effective as prescribed in Clause 4, Article 154 of the Law shall:
a/ Make and publicize according to their competence, or submit to competent agencies for publicization, lists of detailing documents ceasing to be effective concurrently with documents with contents assigned for detailing as prescribed in Clause 2 of this Article before the date the documents with contents assigned for detailing cease to be effective;
b/ Promulgate according to their competence or propose competent agencies to promulgate documents to replace detailing documents ceasing to be effective in whole prescribed at Points b and c, Clause 2 of this Article.
4. Agencies that have promulgated detailing documents ceasing to be effective shall:
a/ Publicize lists of detailing documents ceasing to be effective as prescribed in Clause 4, Article 154 of the Law before the date such documents cease to be effective;
b/ Provide the annulment of detailing documents ceasing to be effective in the implementation provisions of legal documents amending, supplementing or replacing such detailing documents.
5. People’s Committees at various levels shall:
a/ Make and publicize according to their competence, or submit to Standing Bodies of People’s Councils of the same level for publicization, lists of detailing documents issued by People’s Committees or People’s Councils of the same level, which cease to be effective in whole or in part as prescribed in Clause 2 of this Article, before the date the documents with contents assigned for detailing cease to be effective;
b/ Promulgate according to their competence, or propose People’s Councils of the same level to promulgate, documents to replace detailing documents ceasing to be effective in whole as prescribed at Points b and c, Clause 2 of this Article.
Article 39. Numbering of draft legal documents
1. Agencies in charge of the drafting shall number drafts of legal documents so as to facilitate the monitoring and giving of opinions on such drafts.
2. Drafts of a legal document shall be numbered as follows:
a/ The 1st draft is the draft which is submitted by the unit assigned to draft the document to the head of the agency in charge of the drafting;
b/ The 2nd draft is the draft which is decided by the head of the agency in charge of the drafting to be sent to the Government Portal for publishing, to be published on the e-portal of the agency in charge of the drafting or of the concerned province or centrally run city for public opinion;
c/ The 3rd draft is the draft which is sent to the appraisal agency after being revised based on opinions of agencies, organizations and individuals;
d/ The 4th draft is the draft which has been revised based on appraisal opinions and is submitted to the Government for the latter to consider and decide on the submission to the National Assembly, for draft laws and resolutions of the National Assembly; submitted to the National Assembly Standing Committee, for draft ordinances or resolution of the National Assembly Standing Committee; submitted to the Government for consideration and approval, for draft decrees; submitted to the Prime Minister for consideration and promulgation, for draft decisions; submitted to a minister or the head of a ministerial-level agency for consideration and promulgation, for draft circulars and joint circulars; or submitted to a provincial-level People’s Committee for consideration and decision on the submission to the People’s Council, for draft resolutions of People’s Councils, or submitted to a People’s Committee for consideration and promulgation, for draft decisions;
dd/ The 5th draft is the draft which has been technically revised on the basis of opinions of the Government before the Prime Minister, on behalf of the Government, signs or authorizes the signing of, the draft for submission to the National Assembly, for draft laws and resolutions of the National Assembly, or for submission to the National Assembly Standing Committee, for draft ordinances and resolutions of the National Assembly Standing Committee; or before it is signed by the Prime Minister for promulgation, for draft decrees; or which has been technically revised on the basis of the Prime Minister’s opinions, for draft decisions of the Prime Minister, or which has been technically revised on the basis of opinions of the minister(s) or head(s) of ministerial-level agency(ies) before it is signed for promulgation, for circulars and joint circulars; and resolutions of provincial-level People’s Councils and decisions of provincial- level People’s Committees.
Section 2. APPRAISAL OF DRAFT LEGAL DOCUMENTS
Sub-section 1. APPRAISAL OF DRAFT LEGAL DOCUMENTS BY THE MINISTRY OF JUSTICE
Article 40. Responsibilities of the Ministry of Justice
1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.
2. To study related contents.
3. To hold appraisal consultancy meetings or form appraisal councils.
4. To request ministries, ministerial-level agencies and government-attached agencies to appoint representatives to coordinate in the appraisal.
5. To ensure the participation of related agencies and organizations, specialists and scientists.
Article 41. Responsibilities of ministries and ministerial-level agencies in charge of the drafting
1. To send dossiers of draft legal documents to the Ministry of Justice according to regulations.
2. To provide relevant information and documents at request of the Ministry of Justice.
3. To appoint representatives to join appraisal councils at the request of the Ministry of Justice.
4. To coordinate with the Ministry of Justice and the Government Office in studying, accepting appraisal opinions and revising draft legal documents on the basis of such opinions for submission to the Government and the Prime Minister.
Article 42. Receipt and examination of appraisal dossiers
1. The Ministry of Justice shall receive and examine a dossier of a draft legal document sent to it for appraisal.
In case the dossier does not meet the requirements prescribed in Clause 2, Article 58; Clause 2, Article 92; Clause 2, Article 98; and Clause 4, Article 109, of the Law, within 2 working days after receiving the dossier, the Ministry of Justice shall request the agency in charge of the drafting to supplement the dossier.
2. The agency in charge of the drafting shall supplement the dossier within 7 days after receiving the request. The appraisal time limit shall be counted from the date the Ministry of Justice receives a complete dossier.
Article 43. Establishment of appraisal councils
1. The Minister of Justice shall establish an appraisal council in the cases prescribed in Clause 1, Article 58; Clause 1, Article 92; and Clause 1, Article 98, of the Law.
2. An appraisal council shall be composed of a chairperson, a secretary and other members being representatives of the Ministry of Justice, the Government Office and other related agencies and organizations, specialists and scientists.
The total number of members of the appraisal council shall be decided by the Minister of Justice. In case of appraising a legal document which is drafted by the Ministry of Justice or has complicated contents concerning many sectors and fields, the number of representatives from the Ministry of Justice must not exceed one-third of the total number of members.
3. The appraisal council shall operate on the principle of collegial discussion and vote by majority and automatically dissolve after completing its tasks.
4. If deciding not to establish an appraisal council, the Ministry of Justice may hold an appraisal consultancy meeting with the participation of representatives of the agency in charge of the drafting, related units of the Ministry of Justice, representatives of related agencies and organizations, specialists and scientists.
Article 44. Meetings of appraisal councils
1. The chairperson of an appraisal council shall hold meetings of the appraisal council. A meeting may be held only when at least two-thirds of the total number of members are present. In case of impossibility to attend a meeting of the appraisal council, a member shall send his/ her written opinions to the Chairperson of the appraisal council.
2. Documents of a meeting of the appraisal council shall be sent by the Ministry of Justice to members of the council at least 5 working days before the meeting is held.
Article 45. Appraisal reports
1. Appraisal reports shall be made on the basis of studying draft legal documents and results of appraisal meetings.
2. In case the Ministry of Justice concludes that a draft legal document is unqualified to be submitted to the Government, it shall clearly state the reason in the appraisal report.
Sub-section 2. APPRAISAL OF DRAFT CIRCULARS BY LEGAL ORGANIZATIONS
Article 46. Responsibilities of legal organizations of ministries and ministerial-level agencies
1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.
2. To study related contents.
3. To request agencies in charge of the drafting to provide relevant information and documents.
4. To request ministers and heads of ministerial-level agencies to assign units to coordinate in the appraisal or establish appraisal consultancy councils.
Article 47. Responsibilities of units under ministries and ministerial-level agencies
1. Units under ministries and ministerial-level agencies in charge of drafting legal documents shall:
a/ Send dossiers of draft legal documents to legal organizations of ministries and ministerial- level agencies; provide information and documents relating to the draft legal documents at the request of legal organizations;
b/ Study and accept appraisal opinions and revise draft legal documents on the basis of appraisal opinions; report to ministers and heads of ministerial-level agencies and at the same time, send the written explanations to legal organizations.
2. Units under ministries and ministerial-level agencies, within the scope of their functions, tasks and powers, shall:
a/ Appoint representatives to participate in the appraisal at the request of legal organizations;
b/ To provide information and documents relating to the appraisal at the request of legal organizations.
Article 48. Appraisal of draft circulars
1. Ministers and heads of ministerial-level agencies shall establish consultancy councils for appraisal of the circulars specified in Clause 1, Article 102 of the Law. An appraisal consultancy council shall be composed of a chairperson, a secretary and members being representatives of related agencies and organizations, specialists and scientists.
The total number of members of an appraisal consultancy council shall be decided by the minister or ministerial-level agency head, of which the number of representatives from the legal organization of such ministry or ministerial-level agency must not exceed one-third of the total number of members.
2. An appraisal consultancy council shall terminate its operation and resolve after completing its tasks.
3. Documents of a meeting of an appraisal consultancy council shall be sent by the agency in charge of the appraisal to members of the council at least 3 working days before the date when the meeting is held.
4. On the basis of studying, and results of appraisal meetings on, draft circulars, legal organizations in charge of the appraisal shall complete appraisal reports for sending to units in charge of drafting circulars.
Sub-section 3. APPRAISAL OF DRAFT LEGAL DOCUMENTS BY PROVINCIAL-LEVEL JUSTICE DEPARTMENTS
Article 49. Responsibilities of provincial-level Justice Departments
1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.
2. To study related contents.
3. To hold appraisal consultancy meetings and establish appraisal consultancy councils.
4. To participate in activities of agencies in charge of the drafting in the course of drafting documents.
5. To request specialized agencies and provincial departments to appoint representatives to coordinate in the appraisal.
6. To ensure the participation of related agencies and organizations, specialists and scientists.
Article 50. Establishment and operation of appraisal consultancy councils
1. Provincial-level Justice Department Directors shall establish appraisal consultancy councils according to Clause 1, Article 121 of the Law. A council shall be composed of a chairperson who is a leader of the provincial-level Justice Department, a secretary being a representative of the provincial-level Justice Department and members being representatives of specialized agencies under the provincial-level People’s Committee, other related agencies and organizations, specialists and scientists.
2. The total number of members of an appraisal consultancy council shall be decided by the provincial-level Justice Department Director. In case of appraising a draft which has complicated contents concerning many sectors and fields, or is drafted by the provincial-level Justice Department, the number of representatives from the provincial-level Justice Department must not exceed one-third of the total number of members.
3. An appraisal consultancy council shall terminate its operation and resolve after completing its tasks.
Article 51. Meetings of appraisal consultancy councils
1. A meeting shall be conducted only when at least two-thirds of the total number of members are present. In case a member of the council cannot attend a meeting, He/she shall send his/ her written opinions to the chairperson of the council.
2. The documents of a meeting shall be sent by the provincial-level Justice Department to members of the Council at least 3 working days before the meeting is held.
3. A meeting of an appraisal consultancy council shall be conducted according to the following order:
a/ A representative of the agency in charge of the drafting presents basic contents of the draft legal document;
b/ Members of the council discuss to-be-appraised contents according to Clause 3, Article 121 of the Law and other matters related to contents of the draft document. Before members of the council discuss, the secretary of the council shall read aloud opinions of members who are absent;
c/ A representative of the agency in charge of the drafting explains about matters related to the draft at the request of members of the council;
d/ The chairperson of the council concludes and clearly states whether or not the draft is qualified for submission to the provincial-level People’s Committee.
4. The secretary of the council makes a minutes of the meeting for submission to the council chairperson for signing.
Article 52. Appraisal reports
1. Appraisal reports shall be made on the basis of studying, and results of appraisal meetings on, draft legal documents.
2. In case the provincial-level Justice Department concludes that a draft is unqualified for submission to the provincial-level People’s Committee, it shall clearly state the reason in the appraisal report.
Sub-section 4. APPRAISAL OF DRAFT LEGAL DOCUMENTS BY DISTRICT-LEVEL JUSTICE DIVISIONS
Article 53. Responsibilities of district-level Justice Divisions
1. To organize the appraisal of draft legal documents, ensuring the prescribed time limits and quality requirements.
2. To study related contents.
3. To participate in activities of agencies in charge of the drafting in the course of drafting documents.
4. To request specialized agencies under district-level People’s Councils and departments and sectors to give opinions on draft documents before conducting the appraisal.
Article 54. Organization of appraisal of draft resolutions of district-level People’s Councils and draft decisions of district-level People’s Committees
1. The heads of district-level Justice Divisions shall organize the appraisal of draft resolutions of district-level People’s Councils and draft decisions of district-level People’s Committees.
2. For draft documents which have complicated contents concerning many sectors and fields, before conducting the appraisal, district-level Justice Divisions may held meetings to collect opinions of agencies, departments, sectors, specialists and scientists.
3. On the basis of studying, and results of appraisal meetings on, draft documents, district- level Justice Divisions shall complete appraisal reports and send them to units in charge of the drafting. In case a district-level Justice Division concludes that a draft is unqualified for submission as prescribed in Clause 2, Article 134, and Clause 3, Article 139, of the Law, it shall clearly state the reason in the appraisal report.
Chapter V
FORMAT AND TECHNIQUE FOR PRESENTATION OF LEGAL DOCUMENTS
Section 1. FORMAT OF LEGAL DOCUMENTS
Sub-section 1. PRESENTATION OF THE BEGINNING PART OF A DOCUMENT
Article 55. The beginning part of a document
1. The beginning part of a document must consist of the official name and motto of the country, name of the promulgating agency, number and code of the document; place-name and date of promulgation, title of the document and bases for promulgation of the document.
2. The beginning part of a document which is promulgated as an attached document must consist of the official name and motto of the country, name of the promulgating agency, and title of the document, which is followed by the title, number, code and date of promulgation of the document promulgating such attached document.
Article 56. Official name and motto of the country
1. The official name of the country is: “CONG HOA XA HOI CHU NGHIA VIET NAM” (the Socialist Republic of Vietnam). The official name of the country shall be presented in 12- or 13-point upright and bold capital letters, in top upper right comer of the first page of a document.
2. The official motto is “Doc lap - Tu do - Hanh phuc” (Independence - Freedom - Happiness). The official motto shall be presented in 13- or 14-point upright and bold lowercase letters right below the line of official name of the country. The first letter of each phrase of the motto shall be capitalized. Phrases shall be separated from one another by a hyphen (-) and a space; below the motto is a solid line of a length equal to that of the line of words.
Article 57. Names of promulgating agencies
1. The name of a promulgating agency is the name of an agency or the state title of a person competent to promulgate the document as prescribed by law. The name of a promulgating agency must be the official name and written in full.
2. The name of a promulgating agency shall be presented in upright and bold capital letters of a font size of 13 points; below the name of the promulgating agency is a solid line of a length equal to one-third or half of the length of the line of words which shall be centered and balanced against the line of words.
Article 58. Number and code of a document
1. The number and code of a document must consist of the serial number, year of promulgation, type of document, and promulgating agency.
2. The number of a document shall be written in Arabic numerals, consisting of the serial number of registration, which shall be given for each type of documents promulgated by the agency promulgating such document in a year and the year of promulgation of such document, starting from 01 on January 1 and ending on December 31 every year; the year of promulgation shall be written with all numerals.
3. The code of a document must consist of the abbreviation of the type name of the document and the abbreviation of the name of the agency or the state title of the person competent to promulgate the document.
Abbreviations of names of promulgating agencies shall be specifically prescribed to be short, easy-to-understand and conformable with regulations.
4. The number and code of a document shall be presented as follows:
a/ The number and code of a document shall be arranged in the following order: serial number of the document/ year of promulgation/ abbreviation of the type name of the document- abbreviation of the name of the agency or the state title of the person competent to promulgate the document, and written without space;
b/ The number and code of a document shall be placed centered below the name of the promulgating agency.
c/ The word “Number” shall be presented in 13-point upright lowercase letters, followed by a colon (:), with a leading zero (0) added in front of numbers below 10;
d/ The code of a document shall be presented in 13-point upright capital letters;
dd/ The number, year of promulgation and code of a document shall be separated from one another by a slash (/ ); abbreviations in the code of a document shall be separated from one another by a hyphen (-) without space.
Article 59. Place-name and date of promulgation of a document
1. The place-name written in a document promulgated by a central-level state agency is the official name of the province or centrally run city where such agency is headquartered. The place-name written in a document promulgated by a state agency in a locality is the official name of the administrative unit of the promulgating agency.
The name of an administrative unit which is named after a person, in a number or after a historical event shall be written in full.
2. The date of promulgation of a document is the date when such document is approved or signed for promulgation. The date of promulgation of a document shall be written in full with numbers expressing the day, month, year written in Arabic numerals and a leading zero added in front of numbers below 10 and in front of the numbers expressing January and February.
3. The place-name and date of promulgation of a document shall be presented on the same line with the line of number and code of the document, in 13- or 14-point upright and italic lowercase letters. The place-name must have its first letter capitalized and shall be followed by a comma (,); the place-name and date of promulgation shall be placed below and centered and balanced against the line of official name and motto of the country.
Article 60. Title of a document
1. The title of a document must consist of the type name and specific title of the document. The type name of the document is the name of each type of documents prescribed in the Law. The specific title of the document is a short sentence or a phrase generally expressing the major content of the document.
2. The title of a document shall be presented as follows:
a/ The name of type of a document shall be presented in 14-point upright and bold capital letters; and aligned centered;
b/ The specific title of a document shall be presented in 14-point upright and bold lowercase letters, aligned centered and placed right below the line of type name of the document;
c/ For a document which is promulgated together with another document, the notes on the promulgation of the document shall be put in brackets, presented in 14-point italic lowercase letters and placed below and centered against the line of title of the document.
Article 61. Bases for promulgation of a document
1. Bases for promulgation of a document are legal documents of higher legal effect which are effective or have been promulgated or signed for promulgation and have not yet become effective but will be effective before or at the same time with the to-be-promulgated document. Bases for promulgation of a document comprise legal documents defining the competence and functions of the agency promulgating such document and legal documents of higher legal effect which provide the contents and bases for promulgation of the document.
2. In case a legal document of higher legal effect contains articles or clauses to be assigned for detailing, the detailing document must clearly state such articles or clauses in the part of bases for promulgation.
In case a document detailing many articles and clauses or detailing articles and clauses as assigned and concurrently providing for other contents, it is unnecessary to state articles and clauses assigned for detailing in the part of bases for promulgation.
3. Bases for promulgation shall be presented in 14-point italic lowercase letters and placed below the title of the document; each base for promulgation shall be presented in a separate paragraph ended with a semi colon (;); the last paragraph shall be ended with a period (.).
Sub-section 2. PRESENTATION OF THE PART OF CONTENTS OF A DOCUMENT
Article 62. Structure of a document
1. Depending on its contents, a document may be structured as follows:
a/ Part, chapter, section, sub-section, article, clause, and point;
b/ Part, chapter, section, article, clause, and point;
c/ Chapter, section, sub-section, article, clause, and point;
d/ Chapter, section, article, clause, and point;
d/ Chapter, article, clause, and point; or,
e/ Article, clause, and point.
2. Each point of a document must express only one idea and shall be presented in a complete sentence or a paragraph. Other symbols may not be used to express ideas in a point.
3. Each part, chapter, section, sub-section and article of a document must have a title which is a phrase expressing the main content of such part, chapter, section, sub-section or article.
4. The contents of a document shall be presented in 13- or 14-point upright lowercase letters and aligned justified; the first line of each paragraph shall be indented 1-1.27cm; the paragraph spacing is at least 6 points; and line spacing is at least single or 15 points;
5. A document which has parts, chapters, sections, sub-sections, articles, clauses, and points shall be presented as follows:
a/ The word “Part” or “Chapter” and the serial number of a part or chapter shall be placed in a separate line, aligned centered and presented in 13- or 14-point upright and bold lowercase letters. The serial number of a part or chapter shall be presented in Roman numerals. The title of a part or chapter shall be presented in 13-or 14-point upright and bold capital letters, aligned centered and placed below the line of serial number of part or chapter;
b/ The word “Section” or “Sub-section” and the serial number of a section or sub-section shall be placed in a separate line, aligned centered and presented in 13- or 14-point upright and bold lowercase letters. The serial number of a section shall be presented in Arabic numerals. The title of a section shall be placed right below the line of its serial number, aligned centered and presented in 13- or 14-point upright and bold capital letters;
c/ The word “Article”, serial number and title of an article shall be presented in 13- or 14-point upright and bold lowercase letters, left-indented by 1-1.27cm, with the serial number written in Arabic numerals, followed by a dot (.);
d/ The serial number of clauses in a section shall be written in Arabic numerals, followed by a dot (.) and presented in upright lowercase letters of a font size of 13 or 14 points which is equal to that of the text. For a clause which has a title, its serial number and title shall be placed in a separate line, presented in upright lowercase letters of a font size of 13 or 14 points which is equal to that of the text;
dd/ The serial number of points in a clause shall be written in Vietnamese letters in the order of Vietnamese alphabet, followed by the right closing bracket, and presented in upright lowercase letters of a font size of 13 or 14 points which is equal to that of the text.
Article 63. A document promulgating an attached document A document promulgating an attached document must consist of 2 parts:
1. The part of the document promulgating an attached document, which provides the promulgation of such attached document, organization of implementation and effect of such document.
2. The part of the attached document, which contain specific provisions of the document. Depending on its contents, an attached document may be structured according to Clause 1, Article 62 of this Decree.
Sub-section 3. PRESENTATION OF THE ENDING PART OF A DOCUMENT
Article 64. Presentation of the ending part of a document
1. The ending part of a document must consist of the position, full name and signature of the person competent to sign the document for promulgation; the promulgating agency’s seal; and recipients of the document.
2. The ending part of a document promulgated together with another document must consist of the position, full name and signature of the person competent to sign the document for promulgation; and the promulgating agency’s seal.
Article 65. Presentation of the signature in a document
1. For a decree of the Government, a resolution of the Judicial Council of the Supreme People’s Court, or a decision of a provincial-, district- or commune-level People’s Committee, the Prime Minister on behalf of the Government, the Chief Justice of the Supreme People’s Court on behalf of the Judicial Council of the Supreme People’s Court, or the chairperson of the People’s Committee of the respective level shall respectively sign to promulgate that document and the abbreviation “TM.” (on behalf of) must precede the word “the Government”, “the Judicial Council” or “the People’s Committee”.
For a joint resolution of the Government and the Presidium of the Vietnam Fatherland Front Central Committee, the Prime Minister on behalf of the Government and the Chairperson of the Vietnam Fatherland Front Central Committee on behalf of the Presidium of the Vietnam Fatherland Front Central Committee shall sign to promulgate that resolution and the abbreviation “TM.” must precede the word “the Government” and “the Presidium of the Vietnam Fatherland Front Central Committee”.
For a decision of the Prime Minister, a circular of a minister, the head of a ministerial- level agency, the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, or a decision of the State Auditor General, the Prime Minister, the minister or the head of the ministerial-level agency, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General shall sign to promulgate that document.
For a resolution of a provincial-, district-, or commune-level People’s Council, the chairperson of the respective People’s Council shall sign to certify that resolution.
For a joint circular of the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy; a joint circular of a minister or the head of a ministerial-level agency and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy and the minister or head of the ministerial-level agency shall sign to promulgate that circular.
In case a deputy signs a document on behalf of the person competent to sign the document for promulgation, the abbreviation “KT.” (sign on behalf of) must precede the position of the competent signee.
2. The position and full name of the person competent to sign a document for promulgation or the person signing on behalf of the former shall be fully indicated in the document. For a joint document, the positions and agency names of the signees shall be clearly written.
3. The abbreviation “TM.”, “K.T.” or “Q.” (acting), the authorization and position of the signee shall be presented in 13- or 14-point upright and bold capital letters.
The signee’s full name shall be presented in 13- or 14-point upright and bold lowercase letters and placed centered and balanced against the line of authorization and position of the signee.
Article 66. Seals of promulgating agencies
1. A promulgating agency’s seal may only be appended on a document after it is signed by a competent person.
2. Seals shall be appended on documents in accordance with the Government’s regulations on clerical work.
Marks of confidentiality (extremely confidential, strictly confidential or confidential) on documents of state secret must comply with the law on state secret protection.
Article 67. Recipients
1. Recipients of a document must include the agencies overseeing, examining and promulgating that document, “CONG BAO” office, and other agencies and organizations depending on the document contents.
2. The word “recipients” shall be presented separately (in the same line with the phrase “authorization and position of signee” and at the left margin) in 12-point italic and bold lowercase letters, ended with a colon (:);
Names of recipients of the document shall be presented in 11-point upright lowercase letters; the name of each recipient or group of recipients shall be presented in a separate line started with a dash at the left margin and ended with a semicolon (;); in the last line there must be the word “file” followed by a colon (:), then the abbreviation “VT.” (clerical section), a comma, abbreviation of the name of the unit (or section) drafting the document and the number of copies for file placed in brackets, a period (.), abbreviation of the name of the person drafting the document, the number of copies distributed, and ended with a period (.).
Section 2. DOCUMENT PRESENTATION TECHNIQUES
Article 68. Presentation of the structure of a document
1. The arrangement of provisions on the same issue in a part, chapter, section or sub-section must adhere to the following principles:
a/ General provisions precede specific provisions;
b/ Substantive provisions precede procedural provisions;
c/ Provisions on rights and obligations precede provisions on sanction;
d/ Universal provisions precede particular provisions;
dd/ General provisions precede provisions on exceptional cases.
2. A document’s structure shall be presented according to the following principles:
a/ Part is the largest structural unit of a document. Parts of a document are independent from one another;
b/ Chapter is the second largest structural unit of a document. Chapters of a document are relatively independent from one another and arranged in a systematic and logical manner;
c/ Section is the third largest structural unit of a document. Sections are divided in a relatively independent and systematic and logical manner. Sections may be used in chapters containing many provisions and articles;
d/ Sub-section is the fourth largest structural unit of a document. Sections are divided in a relatively independent and systematic and logical manner. Sub-sections may be used in chapters containing many provisions, sections and articles;
dd/ Articles may be presented with clauses and points. Each article shall be presented in full, complete and grammatically correct sentences;
e/ Clauses are used when an article contains relatively independent ideas. Each clause shows a complete idea and is presented in complete sentences;
f/ Points are used when a clause contains different ideas.
Article 69. Use of language in documents
1. The language used in documents is precise universal Vietnamese.
2. Dialectal, archaic and colloquial words may not be used. A foreign word may be used only when a substituting Vietnamese term is unavailable. A foreign word may be used directly if it is a popular or universal word, otherwise it must be transcribed into Vietnamese.
3. A document must use written language with clear, simple and understandable expression. A document containing a technical term which requires clarification must explain that term.
4. An abbreviation may only be used when necessary and explanation about that abbreviation is required at its first appearance in a document.
A document containing many abbreviations must have a separate article explaining all abbreviations used in that document.
5. Words used in a document must accurately demonstrate ideas to be conveyed without leading to different interpretations. When a word may lead to different interpretations, its intended meaning shall be explained in the document.
Interrogative words and rhetoric expressions may not be used in a document.
6. Words shall be used consistently in a document.
Article 70. Presentation of figures and units of measurement in documents
1. Figures in a document shall be presented in Arabic numerals and then written out in words, except the cases prescribed in Clause 2 of this Article.
2. Figures in the beginning and ending parts of a document; figures expressing the length of time, point of time and quantity of units of measurement shall be presented in Arabic numerals.
3. Names, symbols and way of presenting units of measurement must comply with the law on measurement.
4. Symbols and formulas in a document shall be presented in symbols accompanied with explanations.
Article 71. Presentation of time limits and points of time
1. Time limits which are determined in seconds, minutes, hours, days, weeks, months, quarters or years shall be presented in numbers expressing the length of time and units of time.
2. Points of time which are determined in seconds, minutes, hours, days, weeks, months, quarters or years shall be presented in numbers expressing the point of time and units of point of time.
3. Units of time or units of point of time shall be presented in words following the numbers expressing the length of time or point of time.
Article 72. Presentation of amended and supplemented contents in the chapter or article on implementation provisions
1. A document which amends or supplements a part, chapter, section, sub-section, article, clause, point or phrase of another document must provide such amendments or supplements in the chapter or article on implementation provisions. These amendments or supplements may be structured in articles, clauses and points depending on their scope and levels.
2. The amendments or supplements must specify the part, chapter, section, sub-section, article, clause or point of the revised document.
Article 73. Presentation of transitional provisions
Transitional provisions shall be provided in a separate article in the ending part of a document titled “transitional provisions”, or in a separate clause of an article requiring transitional provisions, or in a separate clause of the article on effect of the document.
Article 74. Presentation of provisions on effect of a document
1. A document must specify the date, month and year of its effect.
2. The article on the effect of a document must specify the title of a document, or a part, chapter, section, sub-section, article, clause or point of a document, to be annulled. A document annulling many other documents or many articles, clauses and points of another document shall be attached with a list of annulled documents or provisions.
Article 75. Document invocation techniques
1. A document invoking another document must fully indicate the type name, serial number and code, and the date of approval or signing for promulgation, of the latter; and the name of the agency or person competent to promulgate, and the title of, such document.
2. A document invoking a part, chapter, section or sub-section of another document must specify that part, chapter, section or sub-section.
3. A document invoking an article, or a clause or point of another document is not required to specify the part, chapter and section containing that article, clause or point.
4. A document invoking a part, chapter, section, sub-section, article, clause and point of another document must invoke them in the order from small to large structural units, including the document title. When invoking from a clause or point to another clause or point of the same article, or from a section or an article to another section or article of the same chapter of the same document, the document title is not required to be specified but such invocation must be specific.
Article 76. Paper sizes, margins, fonts and numbering of pages of documents
The paper size and margins of pages of a document must comply with Appendix II to this Decree.
Fonts used for presenting a document must be under Vietnamese character code Unicode according to Vietnamese standard TCVN 6909:2001.
Pages of a document shall be numbered in 13- or 14-point upright Arabic numerals consecutively from the second page of the document horizontally in the center on the top margin of the document. Pages of appendices shall be numbered separately by appendix.
Section 3. PRESENTATION OF AMENDING AND SUPPLEMENTING DOCUMENTS
Sub-section 1. PRESENTATION OF DOCUMENTS AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES
Article 77. Documents amending and supplementing a number of articles
1. A document amending and supplementing a number of articles means a document amending, supplementing or annulling one or a number of provisions of an existing document. A document amending and supplementing a number of articles must specify the chapters, sections, sub-sections, articles, clauses and points which are to be amended, supplemented, replaced or annulled.
2. The title of a document amending and supplementing a number of articles must comprise that document’s type name together with the phrase “amending and supplementing a number of articles of” and the full title of the revised document.
Article 78. Structure of a document amending and supplementing a number of articles
1. A document amending and supplementing a number of articles of another document may comprise 4 articles: Article I provides amendments and supplements; Article 2 provides the annulment or replacement of words or expressions related to many articles and clauses of the revised document; Article 3 provides implementation responsibilities (if any); and Article 4 provides the document’s effective date.
2. Clauses on amendments, supplements, replacement or annulment shall be arranged in the order corresponding to the order of articles, clauses and points of the revised document.
Article 79. Numbering of added articles and clauses and sequence of articles and clauses of a revised document
1. Added articles and clauses shall be numbered as follows:
a/ Based on contents to be added, to determine the positions of articles and clauses to be added to an existing document;
b/ To number added articles and clauses by adding a letter in the order of the Vietnamese alphabet to the number of the preceding article or clause.
c/ The serial number of a chapter, section, sub-section, article or clause to be added must consist of a number and a letter. The number is the serial number of the chapter, section, sub-section, article or clause of the revised document. The letter shall be arranged in the order of the Vietnamese alphabet.
The serial number of a point to be added must consist of a letter and a number. The letter shall be presented in the order of the points of the revised document. The number starts from 1.
2. The presentation of a document amending and supplementing a number of articles must not cause changes in the sequence of the revised document’s articles and clauses which are not amended, supplemented, or annulled.
Sub-section 2. PRESENTATION OF DOCUMENTS AMENDING AND SUPPLEMENTING MORE THAN ONE DOCUMENT
Article 80. Documents amending and supplementing more than one document
1. A document amending and supplementing more than one document means a document amending, supplementing, annulling or replacing provisions of a number of related documents.
2. Depending on to-be-revised contents, the title of a document amending and supplementing more than one document may consist of that document’s type name together with the phrase “amending and supplementing a number of articles of’ followed by the titles of revised documents with generalized revised provisions or specific titles of all revised documents.
Article 81. Structure of a document amending and supplementing more than one document
1. Depending on its content, a document amending and supplementing more than one document may be presented in separate articles each of which contains amendments and supplements to a document, except the articles on implementation responsibilities, organization of implementation and effect of the amending and supplementing document.
2. Articles and clauses of a document amending and supplementing more than one document must specify the titles of the revised documents and articles, clauses and points to be revised.
The title of an article of the amending and supplementing document is the order guiding the amendment, supplementation, annulment or replacement of each specific document.
3. Articles of a document amending and supplementing more than one document may be presented in clauses; clauses may be presented in points.
4. A clause comprises an order guiding the amendment, supplementation, annulment or replacement of a chapter, section, sub-section, article, clause or point, and the content of such revision.
5. Amendments, supplements, or annulment or replacement provisions shall be provided in the order corresponding to the sequence of articles, clauses and points of the revised documents.
Chapter VI
“CONG BAO” AND PUBLICATION OF LEGAL DOCUMENTS
Section 1. “CONG BAO”
Article 82. Forms of “CONG BAO”
1. “CONG BAO” comprises “CONG BAO” of the Socialist Republic of Vietnam published by the Government Office and provincial-level “CONG BAO” published by the Offices of provincial-level People’s Committees.
2. “CONG BAO” is published in printed and electronic forms.
3. The Government Office shall guide the forms, formats and techniques of presenting “CONG BAO” publications.
Article 83. Principles of publication of documents in “CONG BAO”
1. Legal document shall be published in “CONG BAO” in accordance with Article 150 of the Law.
2. “CONG BAO” publishes fully, promptly and accurately the full texts of legal documents sent by promulgating agencies.
3. “CONG BAO” does not publish documents on the list of state secrets as prescribed by law and treaties not published in “CONG BAO” under agreement of contracting parties.
Article 84. Responsibilities of “CONG BAO” management agencies and promulgating agencies for sending documents for publication in “CONG BAO”
1. The Government Office shall publish printed “CONG BAO” of the Socialist Republic of Vietnam and manage e-”CONG BAO” of the Socialist Republic of Vietnam on the web portal of the Government.
2. The Offices of provincial-level People’s Committees shall publish printed provincial- level “CONG BAO” and manage e-provincial-level “CONG BAO” on the web portals of provinces and centrally run cities.
3. The Government Office and the Offices of provincial-level People’s Committees shall take responsibility for failing to publish documents in “CONG BAO”, for delaying publication of documents in “CONG BAO”, or for failing to publish documents in full text, completely or accurately in “CONG BAO”.
4. Promulgating agencies shall take responsibility for failing to send or delaying the sending of documents, or sending incomplete or inaccurate documents, for publication in “CONG BAO”.
Article 85. Documents published in “CONG BAO” of the Socialist Republic of Vietnam
1. Legal documents promulgated by central state agencies.
2. Treaties which have taken effect on the Socialist Republic of Vietnam.
3. Resolutions of the Standing Committee of the National Assembly explaining the Constitution, laws and ordinances.
4. Documents annulling legal documents.
5. Decisions terminating the enforcement of, or handling, unlawful legal documents.
6. Documents correcting legal documents promulgated by central state agencies.
7. Lists of documents and regulations no longer effective, made and sent for publication in “CONG BAO” by competent central state agencies.
8. Other legal documents promulgated by central state agencies.
The publication of the documents prescribed in this Clause shall be decided by promulgating agencies.
Article 86. Documents published in provincial-level “CONG BAO”
1. Legal documents promulgated by provincial-level People’s Councils and People’s Committees, and local administrations of special administrative-economic units.
2. Documents promulgated by competent provincial-level agencies or persons handling unlawful legal documents.
3. Documents correcting legal documents promulgated by provincial-level People’s Councils and People’s Committees, and local administrations of special administrative- economic units.
4. Lists of documents and regulations no longer effective, made and sent for publication in “CONG BAO” by competent provincial-level state agencies.
5. Other legal documents promulgated by provincial-level People’s Councils and People’s Committees, local administrations of special administrative-economic units and chairpersons of provincial-level People’s Committees.
The publication of the documents prescribed in this Clause shall be decided by promulgating agencies.
Article 87. Legal validity of documents published in “CONG BAO”
Documents published in “CONG BAO” are official documents and have the same validity as the originals. When there are discrepancies between printed and electronic “CONG BAO”, printed “CONG BAO” must prevail.
Article 88. “CONG BAO” table of contents
“CONG BAO” table of contents is a publication published at the end of each year, listing titles of documents published in “CONG BAO” by promulgating agency and promulgation time to serve the search for documents published in “CONG BAO”.
Article 89. Time limit for sending documents for publication in “CONG BAO”
1. Time limit for sending documents for publication in “CONG BAO” of the Socialist Republic of Vietnam:
a/ Within 3 working days after announcing or signing for promulgation a document prescribed in Clause 1, 3, 4, 5,.6, 7 or 8, Article 85 of this Decree, promulgating agency shall send it to the Government Office for publication in “CONG BAO”;
b/ The time limit for sending treaties for publication in “CONG BAO” of the Socialist Republic of Vietnam must comply with the Law on Treaties.
2. Time limit for sending documents for publication in provincial-level “CONG BAO”:
Within 3 working days after adopting or signing for promulgation a document prescribed in Article 86 of this Decree, the promulgating agency shall send it to the Office of a provincial- level People’s Committee for publication in “CONG BAO”.
Article 90. Documents sent for publication in “CONG BAO”
1. Legal documents sent for publication in “CONG BAO” must be the originals; treaties sent for publication in “CONG BAO” must be true copies of the originals.
2. A document sent for publication in “CONG BAO” must comprise a printed copy, clearly indicated as “document sent for publication in “CONG BAO,” and an electronic copy.
The electronic copy must satisfy the criteria prescribed by law. The promulgating agency shall take responsibility for the accuracy of printed and electronic copies.
Article 91. Receipt of documents and publication in “CONG BAO”
1. The Government Office and Offices of provincial-level People’s Committees shall receive and publish documents in “CONG BAO”; record, manage and fully keep documents sent for publication in “CONG BAO” for comparison with documents published in “CONG BAO” when necessary.
2. If detecting errors in a document when receiving it, the Government Office or the Office of a provincial-level People’s Committee shall immediately, notify such to the promulgating agency for timely handling and the promulgating agency shall send the original within the day to ensure its publication in “CONG BAO” according to the prescribed time limit.
Article 92. Time limit for publication of documents in “CONG BAO”
1. Within 15 days after receiving a document, the Government Office shall publish that document in “CONG BAO” of the Socialist Republic of Vietnam.
2. Within 7 days after receiving a document, the Office of a provincial-level People’s Committee shall publish that document in provincial-level “CONG BAO”.
3. Documents shall be published simultaneously in electronic and printed “CONG BAO” from the same database.
Article 93. Sending, receipt and publication in “CONG BAO” of legal documents according to fast-track procedure and order
1. A legal document promulgated in accordance with Clause 1, Article 146 of the Law shall be sent to the Government Office or the Office of a provincial-level People’s Committee on the date of its announcement or signing for promulgation for publication in “CONG BAO”.
2. When receiving a document prescribed in Clause 1 of this Article, the Government Office or the Office of a provincial-level People’s Committee shall receive, record, arrange and publish it in the latest issue of “CONG BAO”, ensuring publication of the document within 3 working days after the date of its announcement or signing for promulgation.
Article 94. Correction of documents published in “CONG BAO”
1. Documents which are detected to have errors in presentation formats or techniques after being published in “CONG BAO” shall be corrected.
2. Responsibilities for correction:
a/ Promulgating agencies shall make correction documents for errors made in the formulation and promulgation of documents;
b/ The Government Office shall make correction documents for errors made in the publication of “CONG BAO” of the Socialist Republic of Vietnam. The Offices of provincial- level People’s Committees shall make correction documents for errors made in the publication of provincial-level “CONG BAO” based on comparison with documents sent for publication in “CONG BAO”.
3. Correction documents shall be published in the latest issue of “CONG BAO”.
Article 95. Publication and distribution of printed “CONG BAO”
1. “CONG BAO” shall be published and distributed widely on demand to agencies, organizations and individuals.
2. “CONG BAO” of the Socialist Republic of Vietnam shall be distributed free to communes, wards and townships with I copy/ issue/ commune, ward or township based on the demand registered by each locality.
Provincial-level People’s Committees shall make lists of their communes, wards and townships wishing to receive free “CONG BAO” and send them to the Government Office before December 1 every year.
3. Provincial-level People’s Committees shall decide on the free distribution of provincial- level “CONG BAO” in their localities.
Section 2. POSTING UP LEGAL DOCUMENTS
Article 96. Posting up legal documents
1. Legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up.
2. Principles of posting up legal documents:
a/ To completely, promptly and accurately post up the full text of documents which are required to be posted up to enable public access to their entire contents;
b/ To post up legal documents in accordance with law;
c/ A legal document to be posted up must be the original with seal and signature.
3. District- and commune-level People’s Councils and People’s Committees shall post up legal documents promulgated by themselves.
Article 97. Time limit for posting up legal documents
A legal document of a district- or commune-level People’s Council or People’s Committee shall be posted up within 3 working days after it is signed for certification or for promulgation by the chairperson of the People’s Council or People’s Committee respectively. The posting time must be at least 30 consecutive days from the posting date.
Article 98. Places for posting up legal documents
1. Legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up at the offices of promulgating agencies.
2. Legal documents of district- and commune-level People’s Councils and People’s Committees may also be posted up at the following places under decisions of chairpersons of People’s Committees of the same level:
a/ Citizen reception places of district-level People’s Committees, for legal documents of district-level People’s Councils and People’s Committees;
b/ Places for receiving and notifying administrative procedure settlement results of district- and commune-level People’s Committees;
c/ District- and commune-level cultural houses; cultural houses of hamlets, villages, residential clusters and street residential quarters;
d/ Commune-level post-culture points;
dd/ Community educational centers;
e/ Other residential points.
Article 99. Validity of posted documents
Legal documents of district- and commune-level People’s Councils and People’s Committees to be posted up must be the originals. In case of discrepancies between posted documents and those from other sources, posted documents must prevail.
Article 100. Correction of posted documents
1. Posted documents which are detected to have errors in presentation formats or techniques shall be corrected immediately after such errors are detected.
2. A correction document shall be posted up within 1 working day after it is signed by a competent person. The time limit for posting up the corrected document shall be calculated from the beginning.
Chapter VII
TRANSLATION OF LEGAL DOCUMENTS
Article 101. Translation of legal documents into ethnic minority languages
1. The Minister-Chairperson of the Committee for Ethnic Minorities Affairs and chairpersons of provincial-level People’s Committees shall decide on and organize the translation into ethnic minority languages of legal documents directly related to the daily life of ethnic minority groups.
2. The translation of a legal document into an ethnic minority language must ensure the spirit of the translated document and the accuracy of its contents.
Article 102. Translation of legal documents into foreign languages
1. The following legal documents may be translated into English or other foreign languages;
a/ Laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly;
b/ Decrees of the Government and decisions of the Prime Minister promulgated for implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or directly related to the life, work and business of foreigners and foreign enterprises in Vietnam.
2. Agencies in charge of drafting the documents shall assume the prime responsibility for, and coordinate with the Vietnam News Agency and related agencies and organizations in, organizing the translation of legal documents prescribed in Clause 1 of this Article into English or other foreign languages and take responsibility for the accuracy of the translation.
3. Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees shall decide on the translation of legal documents of ministers, heads of ministerial-level agencies and People’s Councils and People’s Committees at all levels into foreign languages if finding necessary.
4. The translation of a legal document into a foreign language must ensure the spirit of the translated document and the accuracy of its contents.
Chapter VIII
EXAMINATION AND HANDLING OF LEGAL DOCUMENTS
Section 1. SUBJECTS, CONTENTS, PRINCIPLES AND METHODS OF EXAMINATION AND HANDLING OF LEGAL DOCUMENTS
Article 103. Documents to be examined and handled
1. Documents to be examined comprise:
a/ Circulars of ministers and heads of ministerial-level agencies:
b/ Joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy;
c/ Resolutions of People’s Councils, decisions of People’s Committees;
d/ Documents which contain legal norms but do not take the form of legal document; documents which contain legal norms or take the form of legal document but are promulgated by agencies or persons without promulgating competence.
2. Documents to be handled comprise:
a/ Unlawful documents, including documents promulgated ultra vires; documents with contents contrary to the Constitution or legal documents of higher legal effect; documents seriously violating regulations on order and procedures for formulation and promulgation of legal documents;
b/ Documents with errors in promulgation bases or presentation formats or techniques;
c/ Documents prescribed at Point d, Clause 1 of this Article.
Article 104. Contents of document examination
1. Examination of the document promulgating competence, including examination of competence with regard to form and content.
2. Examination of contents of documents.
3. Examination of promulgation bases; presentation formats and techniques; document formulation and promulgation order and procedures.
Article 105. Principles of document examination and handling
1. To ensure comprehensiveness, timeliness, objectivity, publicity and transparency; proper competence, order and procedures; combination of examination by competent agencies and persons and self-examination by promulgating agencies and persons; and coordination among related agencies.
2. Not to take advantage of the examination and handling of documents for self-seeking purposes, or to cause difficulties to the operation of agencies or persons competent to promulgate documents and intervene in the process of handling unlawful documents.
3. Agencies and persons competent to examine and handle documents shall take responsibility for examination conclusions and document handling decisions.
Article 106. Methods of document examination
1. Self-examination.
2. Competence-based examination:
a/ Examination of documents sent by promulgating agencies or persons;
b/ Examination of documents when receiving requests or recommendations on documents with unlawful signs;
c/ Locality-based examination of documents at promulgating agencies, and examination of documents based on subject matters, sectors or fields.
Article 107. Legal bases for determining unlawful contents of examined documents
The legal bases for determining unlawful contents of an examined document are legal documents meeting the following conditions:
1. Their legal effect are higher than the examined document’s;
2. They are effective at the time of promulgating the examined document or have not yet been effective at the time of promulgating the examined document but have been passed or signed for promulgation and will be effective before or at the same time with the examined document.
A document with suspended effect prescribed in Article 153 of the Law may not be used as the legal basis for examining documents from the time of suspension to the time of resumption of its effect under the decision of a competent state agency.
Article 108. Proposal for handling agencies and persons promulgating unlawful documents
On the basis of unlawful contents of a document and the level of actual damage caused by the unlawful document, the agency or person competent to examine that document shall propose:
1. The agency or person having promulgated the unlawful document to promptly take measures to remedy the consequences caused by the promulgation and implementation of the unlawful document.
2. A competent agency or person to consider and decide on the form of handling the agency or person having promulgated the unlawful document.
Article 109. Disclosure of document handling results
1. The result of handling an unlawful legal document shall be published by the agency or person promulgating such document in “CONG BAO”, the web portal or website of the promulgating agency or posted up at the places prescribed in Article 98 of this Decree.
2. The result of handling the documents prescribed at Point d, Clause 1, Article 103 of this Decree shall be sent to the agencies, organizations and individuals to which those documents were sent previously. In case those documents have been published in “CONG BAO” web portals or websites of the promulgating agencies or posted up, the handling result shall be published in those media.
Article 110. Document examination dossiers
1. Agencies and persons competent to examine documents shall make document examination dossiers.
2. A document examination dossier must comprise the document containing unlawful contents, the document examination form made according to Form No. 01 provided in Appendix III to this Decree, the document handling result and other related documents (if any).
3. Document examination dossiers shall be kept in accordance with the law on archives.
Section 2. SELF-EXAMINATION AND HANDLING OF LEGAL DOCUMENTS
Article 111. Responsibility for self-examination of documents
1. Ministers, heads of ministerial-level agencies, People’s Councils and People’s Committees at all levels, and local administrations of special administrative-economic units shall examine documents promulgated or jointly promulgated by them right after the documents are promulgated or when receiving requests or recommendations from agencies, organizations or individuals.
2. Agencies and responsible persons shall assist ministers, heads of ministerial-level agencies, People’s Councils and People’s Committees at all levels, and local administrations of special administrative-economic units in the self-examination of documents:
a/ Heads of legal organizations of ministries or ministerial-level agencies shall act as the focal point for assisting ministers or heads of ministerial-level agencies in the self examination of circulars and joint circulars promulgated by ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy;
b/ The director of the Department of Examination of Legal Normative Documents of the Ministry of Justice shall act as the focal point for assisting the Minister of Justice in the self-examination of circulars and joint circulars promulgated by the Minister of Justice and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy;
c/ Heads of legal organizations of government-attached agencies shall coordinate with legal organizations of ministries whose ministers have promulgated documents on the fields of operation of government-attached agencies in the self-examination of documents;
d/ Legal Affairs Boards of People’s Councils shall assist People’s Councils in the self- examination of documents of the latter;
dd/ Directors of provincial-level Justice Departments, heads of Justice Divisions and heads of agencies acting as the focal point as assigned by People’s Committees of special administrative-economic units, shall assist People’s Committees of the same level in the self- examination of documents;
e/ Judiciary-civil status officers shall assist commune-level People’s Committees in the self-examination of documents.
3. The director of the Department of Examination of Legal Normative Documents of the Ministry of Justice, heads of legal organizations of ministries or ministerial-level agencies shall coordinate with related agencies and units of the Supreme People’s Court or the Supreme People’s Procuracy in the self-examination of joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy.
4. Related agencies and units shall promptly provide necessary information and documents and coordinate with agencies and responsible persons prescribed in Clauses 2 and 3 of this Article in the self-examination of documents.
Article 112. Handling of unlawful documents
1. When detecting a document with unlawful signs, an agency or a unit conducting self- examination prescribed in Clause 2 or 3, Article 111 of this Decree shall make a document examination dossier and promptly report on the document examination result to the agency or person having promulgated that document for consideration and handling in accordance with law.
2. A report on self-examination of a document with unlawful signs must cover the following contents:
a/ Evaluation of the document’s unlawful contents and proposal for handling, handling time limit and remedies of consequences caused by the document (if any);
b/ Determination of responsibilities of cadres and civil servants advising the formulation of, appraising and promulgating the document.
3. The promulgating agency or person shall promptly handle the promulgated unlawful document.
4. The document handling result shall be disclosed in accordance with Clause 1, Article 109 of this Decree.
Section 3. EXAMINATION AND HANDLING OF DOCUMENTS ACCORDING TO COMPETENCE
Sub-section 1. DOCUMENT EXAMINATION COMPETENCE
Article 113. Competence of ministers and heads of ministerial-level agencies
1. Ministers and heads of ministerial-level agencies shall examine documents on issues related to sectors or fields under their management, which are promulgated by other ministers, heads of other ministerial-level agencies, provincial-level People’s Councils and People’s Committees and local administrations of special administrative-economic units.
Heads of legal organizations of ministries or ministerial-level agencies shall assist ministers or heads of ministerial-level agencies in examining documents under the examination competence of ministers or heads of ministerial-level agencies.
Heads of legal organizations of government-attached agencies shall coordinate with legal organizations of ministries and ministerial-level agencies performing the state management of the sectors or fields of operation of government-attached agencies in examining documents containing provisions on the fields of operation of government-attached agencies.
2. Competence of the Minister of Justice:
a/ The Minister of Justice shall exercise the document examination power in accordance with Clause 1 of this Article and assist the Prime Minister in examining circulars of ministers and heads of ministerial-level agencies; contents of pro visions on the fields of state management of ministries or ministerial-level agencies of joint circulars of ministers or heads of ministerial- level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy; resolutions of provincial-level People’s Councils, decisions of provincial-level People’s Committees, legal documents of local administrations of special administrative-economic units related to various sectors or fields of state management;
b/ The director of the Department of Examination of Legal Normative Documents of the Ministry of Justice shall assist the Minister of Justice in examining the documents prescribed at Point a of this Clause.
3. The Minister of Justice shall request ministries, ministerial-level agencies and local administrations to examine legal documents under the examination competence of the latter when there are reports or recommendations of individuals or organizations.
4. The Minister-Chairperson of the Government Office shall exercise the examination power in accordance with Clause 1 of this Article and assist the Prime Minister in examining circulars of the Minister of Justice; and joint circulars of the Minister of Justice and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy.
5. The Minister of Justice shall report on cases of dispute over the document examination competence to the Prime Minister for decision.
Article 114. Competence of chairpersons of provincial- and district-level People’s Committees
1. Chairpersons of provincial-level People’s Committees shall examine documents of district-level People’s Councils and People’s Committees.
2. Chairpersons of district-level People’s Committees shall examine documents of commune-level People’s Councils and People’s Committees.
3. Directors of provincial-level Justice Departments and heads of district-level Justice Divisions shall assist chairpersons of People’s Committees of the same level in examining the documents prescribed in Clauses 1 and 2 of this Article.
Article 115. Order of document examination according to competence
1. Receipt of a document to be examined
A document-examining agency shall open a book of incoming documents to monitor the receipt of documents to be examined.
2. The head of the document-examining agency shall appoint a person to examine the document.
3. The document examiner shall consider and evaluate the constitutionality, lawfulness and consistency of the examined document.
4. Reporting on the document examination result and proposal for handling:
a/ When detecting unlawful signs of the examined document, the document examiner shall make a document examination form, report on the examination result to the head of the examining agency and propose handling measures;
b/ Depending on the nature and severity of unlawfulness of the document and its consequences, the document examiner may propose the form of handling the document; handling of responsibilities of the competent agency or person having promulgated the unlawful document; handling of responsibilities of cadres and civil servants having advised the formulation, appraisal, verification and promulgation of the unlawful document in case they are at fault.
5. Conclusion of document examination:
a/ The head of the document-examining agency shall consider and conclude according to his/ her competence or propose a competent agency or person to consider and conclude unlawful contents of the document;
b/ The examination result shall be sent to the agency or person having promulgated the document for consideration and handling in accordance with law.
6. In case the agency or person having promulgated the document fails to handle the unlawful document or the document-examining agency disagrees with the handling result, the document-examining agency shall propose a competent agency or person to consider and handle the document in accordance with regulations.
A dossier submitted to a competent agency or person for consideration and handling of a document must comprise a report of the document-examining agency; the examined document; legal bases for examination; the document examination form made according to Form No. 01 provided in Appendix III to this Decree; opinions of agencies (if any); the examination conclusion of the document-examining agency; written explanations and notices of handling results of the agency having the examined document (if any) and related documents (if any).
The document-examining agency shall open a book for monitoring the handling of unlawful documents according to Form No. 02 provided in Appendix III to this Decree to monitor and urge the handling of documents.
Article 116. Examination of documents based on localities, subject matters, sectors and fields
1. Locality-based document examination:
a/ When detecting unlawful signs of a document lately affecting the economy and society, if finding necessary, an agency or a person competent to examine documents prescribed in Clause l, or Point b, Clause 2 of Article 113, or Clause 3, Article 114 of this Decree, shall form a team for locality-based examination of the document at the document-promulgating agency. The document-examining agency shall notify the agency having the document to be examined of the examination team composition, and examination time and place and agenda. The agency having the document to be examined shall prepare related contents and dossiers at the request of the document-examining agency;
b/ The examination team shall conduct examination and make conclusions and proposals for, or report to a competent agency or person to consider and propose, the handling of the unlawful document; and concurrently propose the consideration of responsibilities of the agency or person formulating and promulgating the unlawful document;
c/ In case of forming an inter-agency team for locality-based examination of a document, the agency having the document to be examined shall coordinate with the agency in charge of examination in preparing necessary conditions to serve the examination team and implementing the examination plan in accordance with Clause 2 of this Article.
2. Document examination based on subject matters, sectors and fields:
a/ Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees and district-level People’s Committees shall approve plans on document examination based on subject matters, sectors or fields and urge, direct and examine the implementation of these plans;
b/ Ministers, heads of ministerial-level agencies, and chairpersons of provincial- and district-level People’s Committees shall decide to form inter-agency examination teams to examine documents based on subject matters or sectors or fields under their examination competence;
c/ Examining agencies shall notify in advance the examination based on subject matters, sectors or fields to agencies having documents to be examined. Agencies having documents to be examined shall coordinate with examination teams in examining documents, preparing relevant contents and dossiers related to examined documents at the request of examination teams and according to the examination plans of document-examining agencies;
d/ An inter-agency examination team conducting examination of a document based on subject matter, sector or field shall organize, and coordinate with the agency in charge of examination and agency or locality having the document to be examined in, the implementation of the approved document examination plan; make conclusions and proposals for, or report to a competent agency or person to propose, the handling of examined contents; and report on the examination team’s document examination result to the agency in charge of examination.
Article 117. Examination of documents with state secret contents
The examination of documents with state secret contents must comply with the law on protection of state secrets and relevant laws.
Sub-section 2. COMPETENCE TO HANDLE UNLAWFUL DOCUMENTS
Article 118. The Minister of Justice proposing the Prime Minister to handle unlawful documents
The Minister of Justice shall propose the Prime Minister to decide on:
1. Termination of implementation, annulment of part or whole of:
a/ Unlawful circulars promulgated by ministers and heads of ministerial-level agencies;
b/ Unlawful decisions promulgated by provincial-level People’s Committees and People’s Committees of special administrative-economic units.
2. Termination of implementation of part or whole of:
a/ Unlawful contents on the fields of state management of ministries or ministerial-level agencies of joint circulars promulgated by ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy; concurrently request for ministers or heads of ministerial-level agencies to reach agreement with the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy on joint handling of those documents;
b/ Unlawful resolutions of provincial-level People’s Councils and People’s Councils of special administrative-economic units, and concurrently request for annulment by the Standing Committee of the National Assembly.
Article 119. Competence of ministers and heads of ministerial-level agencies in handling unlawful documents
1. Competence of ministers and heads of ministerial-level agencies:
a/ To propose other ministers or heads of other ministerial-level agencies to terminate the implementation or annul part or whole of the latter’s promulgated unlawful documents related to the sectors or fields under the former’s charge. In case such proposal is not accepted, to propose it to the Prime Minister for decision;
b/ To propose the Prime Minister to decide on the termination of implementation of part or whole of unlawful resolutions of provincial-level People’s Councils and People’s Councils of special administrative-economic units on the sectors or fields under their charge, and concurrently propose annulment by the Standing Committee of the National Assembly;
c/ To propose the Prime Minister to decide on the termination of implementation, annulment of part or whole of unlawful decisions of provincial-level People’s Committees and People’s Committees of special administrative-economic units on the sectors or fields under their charge.
2. Competence of the Minister of Justice:
a/ To exercise the power to handle unlawful documents in accordance with Clause 1 of this Article;
b/ To propose ministers and heads of ministerial-level agencies to terminate the implementation, or annul part or whole of their promulgated unlawful documents. In case such proposal is not accepted, to propose it to the Prime Minister for decision;
c/ To propose the Prime Minister to decide on the termination of implementation of unlawful resolutions of provincial-level People’s Councils and People’s Councils of special administrative-economic units on various sectors or fields of state management;
d/ To propose the Prime Minister to decide on the termination of implementation, annulment of part or whole of unlawful decisions of provincial-level People’s Committees and People’s Committees of special administrative-economic units on various sectors or fields of state management;
dd/ To propose the handling of joint documents with unlawful signs of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy in accordance with the procedures prescribed in Clause 4, Article 122 of this Decree.
3. Competence of the Minister-Chairperson of the Government Office:
a/ To exercise the power to handle unlawful documents in accordance with Clause 1 of this Article;
b/ To propose the Minister of Justice to terminate the implementation or annul part or whole of unlawful documents of the Minister of Justice. In case such proposal is not accepted, to propose it to the Prime Minister for decision;
c/ To propose the handling of joint circulars with unlawful signs of the Minister of Justice and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy in accordance with Clause 4, Article 122 of this Decree.
Article 120. Competence of chairpersons of provincial- and district-level People’s Committees in handling unlawful documents
1. To terminate the implementation or annul part or whole of unlawful documents of immediate subordinate People’s Committees.
2. To terminate the implementation of unlawful resolutions of immediate subordinate People’s Councils and report such to People’s Committees for proposal to People’s Councils of the same level for annulment.
Sub-section 3. PROCEDURES FOR EXAMINATION AND HANDLING OF UNLAWFUL DOCUMENTS
Article 121. Time for sending documents to examination agencies
Within 3 working days after the date of passing or signing for promulgation a document, an agency or a person competent to promulgate the document shall send the document to an agency or a person competent to examine that document in accordance with the following provisions:
1. Documents of ministers, heads of ministerial-level agencies, provincial-level People’s Councils and People’s Committees, local administrations of special administrative-economic units shall be sent to the Department of Examination of Legal Normative Documents of the Ministry of Justice or legal organizations of ministries and ministerial-level agencies competent to examine the documents based on sectors or fields.
Joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy jointly promulgated by ministries or ministerial-level agencies shall be sent to the Department of Examination of Legal Normative Documents of the Ministry of Justice.
2. Documents of district-level People’s Councils and People’s Committees shall be sent to provincial-level Justice Departments.
3. Documents of commune-level People’s Councils and People’s Committees shall be sent to Justice Divisions.
Article 122. Procedures conducted by ministers and heads of ministerial-level agencies for examining and handling unlawful documents
1. Procedures conducted by ministers and heads of ministerial-level agencies:
a/ When examining and detecting a document with unlawful signs, the head of the legal organization of a ministry or ministerial-level agency shall report to the minister or head of ministerial-level agency on the examination result and send it to the agency or person having promulgated that document for consideration and handling in accordance with law;
b/ In case the agency or person having promulgated that document fails to handle the document within to the prescribed time limit or the minister or head of ministerial-level agency disagrees with the handling result, the minister or head of ministerial-level agency competent to examine the document shall handle the document in accordance with Article 119 of this Decree.
2. Procedures conducted by the Minister of Justice:
a/ When examining and detecting a document with unlawful signs, the director of the Department of Examination of Legal Normative Documents shall make examination conclusions and send them to the agency or person having promulgated that document for consideration and handling. For contents under the state management of a ministry or ministerial-level agency of a joint circular of that ministry or agency and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy, the agencies having promulgated the joint circular shall coordinate in considering and handling the document in accordance with regulations;
b/ In case the agency or person having promulgated the unlawful document fails to handle the document or the director of the Department of Examination of Legal Normative Documents disagrees with the handling result, the director of the Department of Examination of Legal Normative Documents shall report such to the Minister of Justice for handling in accordance with Articles 118 and 119 of this Decree.
3. The Minister-Chairperson of the Government Office shall examine and handle unlawful documents promulgated or jointly promulgated by the Minister of Justice in accordance with the procedures prescribed in Clause 1 of this Article.
4. In case of detecting unlawful contents of provisions on the fields of the Supreme People’s Court or the Supreme People’s Procuracy of joint circulars, the Minister of Justice or the Minister-Chairperson of the Government Office (for joint circulars of the Ministry of Justice) shall propose the Supreme People’s Court or the Supreme People’s Procuracy to consider and handle them in accordance with law.
Article 123. Procedures for handing unlawful documents at the proposal of ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees to the Prime Minister
1. A minister, the head of a ministerial-level agency or the chairperson of a provincial-level People’s Committee who proposes the Prime Minister to handle an unlawful document shall send a proposal dossier to the Ministry of Justice and concurrently to the Government Office.
2. For an unlawful document without different opinions about its constitutionality, lawfulness and handling measures, within 15 days after receiving a proposal, the Minister of Justice shall consider and report it to the Prime Minister for handling in accordance with Article 118 of this Decree.
3. For a document with different opinions about its constitutionality and lawfulness or for which a proposal for reconsideration of the handling decision as prescribed in Clause 5, Article 132 of this Decree is made, within 30 days after receiving a proposal, the Minister of Justice shall assume the prime responsibility for, and coordinate with the Minister-Chairperson of the Government Office, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees in handling the document in accordance with the following procedures:
a/ The agency or person competent to examine the document reports on the unlawful document to be handled;
b/ The Minister of Justice reports on the constitutionality and lawfulness of the document proposed to be handled and proposes the handling measures;
c/ The agency or person promulgating the document proposed to be handled explains contents related to the document;
d/ Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People’s Committees discuss the constitutionality and lawfulness of the document;
dd/ The Minister of Justice makes conclusions, proposes measures to handle the document and reports to the Prime Minister for consideration and decision.
Article 124. Procedures conducted by chairpersons of provincial- and district-level People’s Committees for examining and handling unlawful documents
1. When examining and detecting a document with unlawful signs, the director of a provincial-level Justice Department or the head of a district-level Justice Division shall make examination conclusions and send them to the agency or person having promulgated that document for consideration and handling in accordance with law.
2. In case the agency or person having promulgated the unlawful document fails to handle the document or the director of the provincial-level Justice Department or the head of the district-level Justice Division disagrees with the handling result, the latter shall report such to the chairperson of the People’s Committee of the same level for handling in accordance with Article 120 of this Decree.
Article 125. Time limit for handling unlawful documents
1. Within 30 days after receiving the conclusion of examination of an unlawful document, the agency or person having promulgated that document shall consider and handle that document and notify the handling result to the document-examining agency.
2. In case the agency or person having promulgated the unlawful document fails to handle the document in accordance with Clause 1 of this Article, or the agency or person competent to examine and handle the document disagrees with the handling result, within 15 days after the handling deadline, the latter shall report such to a competent agency or person for consideration and handling in accordance with regulations.
3. Unlawful resolutions of People’s Councils shall be handled at the nearest sessions of the People’s Councils.
Sub-section 4. EXAMINATION AND HANDLING OF DOCUMENTS WHICH CONTAIN LEGAL NORMS BUT ARE NOT PROMULGATED IN PROPER FORM OR ACCORDING TO PROPER COMPETENCE
Article 126. Documents to be examined
1. The examination of documents prescribed at Point d, Clause 1, Article 103 of this Decree shall be conducted upon receipt of requests or recommendations of agencies, organizations and individuals.
2. Documents to be examined prescribed in Clause 1 of this Article comprise:
a/ Documents promulgated by ministers, heads of ministerial-level agencies, People’s Councils, People’s Committees and local administrations of special administrative-economic units which contain legal norms but do not take the form of circular of minister or head of ministerial-level agency, resolution of People’s Council or decision of People’s Committee;
b/ Documents which contain legal norms or take the form of legal document but are promulgated by agencies or persons that do not have the promulgating competence.
Article 127. Responsibilities for document handling
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of People’s Councils and People’s Committees shall consider and handle the documents prescribed in Clause 2, Article 126 of this Decree when receiving conclusions of competent agencies or persons.
Article 128. Competence and procedures for examination and handling
1. Competence to examine and handle documents:
a/ The Minister of Justice shall examine and handle the documents prescribed at Point a, Clause 2, Article 126 of this Decree and documents containing legal norms or taking the form of legal document which are promulgated by heads of government-attached agencies, chairpersons of provincial-level People’s Committees, chairpersons of People’s Committees of special administrative-economic units, heads of units of ministries, ministerial-level agencies and government-attached agencies, specialized agencies of provincial-level People’s Committees, and specialized agencies of People’s Committees of special administrative-economic units. The director of the Department of Examination of Legal Normative Documents shall assist the Minister in examining and handling documents in accordance with this Point;
b/ The Minister-Chairperson of the Government Office shall examine and handle the documents prescribed in Clause 2, Article 126 of this Decree which are promulgated by the Minister of Justice or heads of units of the Ministry of Justice;
c/ Directors of provincial-level Justice Departments shall examine and handle documents promulgated by district-level People’s Councils or People’s Committees which contain legal norms but do not take the form of resolution of People’s Council or decision of People’s Committee; and documents containing legal norms or taking the form of legal document which are promulgated by chairpersons of district-level People’s Committees and heads of specialized agencies of district-level People’s Committees;
d/ Heads of district-level Justice Divisions shall examine and handle documents promulgated by commune-level People’s Councils or People’s Committees which contain legal norms but do not take the form of resolution of People’s Council or decision of People’s Committee; and documents containing legal norms which are promulgated by chairpersons of commune-level People’s Committees or holders of other titles at the commune level.
2. The procedures for examining and handling unlawful documents prescribed in Clause 1 of this Article must comply with Clauses 2 and 3, Article 122, Article 124, and Clause 1, Article 129 of this Decree.
3. The examination and handling of documents containing legal norms or taking the form of legal document which are promulgated by heads of agencies and units of ministries, ministerial-level agencies and government-attached agencies organized at the provincial, district and special administrative-economic unit levels shall be conducted as follows:
a/ The examination and handling of documents which are promulgated by heads of agencies and units of ministries, ministerial-level agencies and government-attached agencies organized at the provincial, district and special administrative-economic unit levels must comply with Points a and b, Clause 1 of this Article. In case the person having promulgated a document fails to examine and handle it himself/ herself, a person competent to examine the document shall report and propose the minister or head of ministerial-level agency to handle the document according to competence;
b/ The examination and handling of documents promulgated by heads of agencies and units of ministries, ministerial-level agencies and government-attached agencies organized at the district level must comply with Point a, Clause 1 of this Article. In case the person having promulgated a document fails to examine and handle it himself/ herself, a person competent to examine the document shall propose the superior managing agency of that agency to consider and handle the document.
4. Documents promulgated by chairpersons of People’s Councils, standing bodies of People’s Councils and agencies of People’s Councils, which contain legal norms or take the form of legal documents shall be examined and handled as documents of People’s Councils of the same level.
Sub-section 5. HANDLING OF UNLAWFUL DOCUMENTS
Article 129. Conclusions on examination of unlawful documents
1. An agency competent to examine a document shall send the examination conclusion to a minister, the head of a ministerial-level agency or government-attached agency, or the chairperson of a People’s Council or People’s Committee having the examined document for directing and organizing the handling of the document in accordance with regulations. The examination conclusion shall be concurrently sent to the agency or person having promulgated the unlawful document and the legal organization of the ministry or ministerial-level agency or the provincial-level Justice Department, the district-level Justice Division, the agency assigned by the People’s Committee of the special administrative-economic unit to act as the focal point or the commune-level judiciary-civil status officer of the locality which has the examined document.
2. The examination conclusion must contain the following basic contents: title of the examined document; titles and contents of documents serving as the legal bases for determining unlawful contents of the examined document; opinions about unlawful contents of the examined document; request for the agency or person having promulgated the document to consider and handle the document and notify the handling result, and concurrently proposal for consideration and handling of responsibilities of agencies and persons having advised the formulation and promulgation of the unlawful document.
3. When detecting the examined document contains unlawful contents, contents inconsistent or overlapping with a document of higher legal effect which is promulgated after the examined document, or contents which are unreasonable, unenforceable or unsuitable with the socio-economic situation; or part or whole of a document serving as the basis for promulgating the examined document is replaced, amended, supplemented, annulled, terminated from implementation or ceases to be effective with another document of a competent state agency, consequently making the document’s contents no longer conformable with the current law, in the examination conclusion, the document-examining agency shall propose the document-promulgating agency to review and handle the document in accordance with Chapter IX of this Decree.
Article 130. Forms of handling unlawful documents and documents with errors in promulgation bases, formats and techniques
1. To terminate the implementation of part or whole of a document in case its unlawful contents harm the interests of the State, or lawful rights and interests of organizations or individuals if it is not annulled promptly.
2. To annul part or whole of a document in the following cases:
a/ Part or whole of the document is promulgated unlawfully regarding promulgation competence or content; the document seriously violates the order and procedures for formulation and promulgation:
b/ The document is prescribed at Point d, Clause 1, Article 103 of this Decree.
3. A document shall be corrected when it has errors in promulgation bases or presentation formats or techniques. The agency or person having promulgated a document shall correct that document in an administrative document. Documents of People’s Councils shall be corrected by their standing bodies.
Section 4. TASKS AND RIGHTS OF AGENCIES AND PERSONS Promulgating examined DOCUMENTS
Article 131. Tasks of the agency or person promulgating an examined document
1. To send the document to an agency or a person competent to examine that document in accordance with regulations; to provide necessary information and documents for the agency or person competent to examine the document.
2. To send for publication in “CONG BAO”, and post up, the handled document in accordance with law.
3. To explain contents of the document at the request of the agency or person competent to examine the document.
4. To conduct self-examination to promptly detect and handle the document with unlawful signs in accordance with Clause 1, Article 111, and Article 112 of this Decree.
5. To notify the result of handling the unlawful document to the agency or person competent to examine the document.
6. To create conditions for the competent agency or person to examine the document.
7. To implement decisions and requests of the Prime Minister in accordance with Article 118 of this Decree.
8. To implement decisions and proposals of ministers and heads of ministerial-level agencies in accordance with Article 119 of this Decree; resolutions of provincial- and district- level People’s Councils and decisions of chairpersons of provincial- and district-level People’s Committees in accordance with Article 120 of this Decree.
Article 132. Rights of the agency or person having an examined document
1. To be notified of the examination plan and contents and requested contents.
2. To give opinions related to the examined document’s contents.
3. To refuse to reply and provide information outside its/ his/ her functions, tasks and powers or information of state secrets the provision of which is not permitted as prescribed by law.
4. To make explanations and propose a minister, the head of a ministerial-level agency or the chairperson of a provincial- or district-level People’s Committee competent to examine and handle the document to reconsider the conclusion on examination and handling of the unlawful document.
5. In case the agency or person competent to examine and handle the document still decides to handle the document in accordance with Articles 119 and 120 of this Decree, to propose that agency or person to reconsider its/ his/ her handling decision. Within 15 days after receiving a proposal for reconsideration of the handling decision, if the agency or person competent to handle the document fails to give a reply, to report such to the Prime Minister in case the agency or person having handled the document is a minister, the head of a ministerial-level agency, a provincial-level People’s Council or the chairperson of a provincial-level People’s Committee, or to the chairperson of a provincial-level People’s Committee in case the agency or person having handled the document is a district-level People’s Council or the chairperson of a district-level People’s Committee.
When exercising the rights prescribed in Clauses 4 and 5 of this Article, the agency or person having the examined document needs to prove the lawful promulgation of its/ his/ her document and shall take responsibility before its/ his/ her superiors and law for the truthfulness of its/ his/ her report or proposal.
Article 133. Violations of agencies or persons having documents examined in the examination and handling of documents
1. Failing to send documents under regulations; failing to provide necessary information or materials to the agency or person with document-examining competence.
2. Failing to publish in Cong Bao or publicly display the handled legal documents in accordance with law.
3. Failing to organize self-examination in order to detect and handle unlawful documents they have promulgated.
4. Failing to handle documents as requested or proposed by the agency or person with document-examining competence or by other agencies, organizations or individuals or mass media agencies.
5. Obstructing or causing difficulties to the agency or person with document-examining competence in the course of examination of documents.
6. Making an untruthful report when exercising the rights prescribed in Clauses 4 and 5, Article 132 of this Decree.
7. Failing to comply with a decision of an agency competent to handle documents they promulgate.
8. Other violations in the course of examination and handling of documents.
Depending on the nature and severity of their violations in the examination and handling of documents, agencies or persons having documents examined shall be handled in accordance with law.
Article 134. Consideration and determination of responsibilities of agencies or persons promulgating unlawful documents
1. The consideration and determination of responsibilities of an agency or a person that has promulgated an unlawful document shall be based on the contents, nature and level of unlawfulness of such document and consequences caused by its unlawful contents to the society, and on the nature and severity of the violation of the agency or person that has promulgated, or advised on the promulgation of, such document.
2. The consideration of collective or individual responsibility is prescribed as follows:
a/ The agency that has promulgated a document containing unlawful contents shall review and determine the responsibility of its collective and report such to a competent superior agency for consideration and decision in accordance with law and, at the same time, consideration of the responsibility of its head in the promulgation of such document;
b/ Cadres or civil servants who have advised on the drafting, appraisal, verification or promulgation of a document containing unlawful contents shall, depending on the nature and severity of their fault and on the unlawful contents of such document, be held responsible in accordance with the law on cadres and civil servants.
Procedures for disciplining cadres and civil servants must comply with the law on cadres and civil servants.
3. After receiving a conclusion of an examination or a proposal from the document- examining agency, if the agency or person that has promulgated an unlawful document fails to consider and handle the document in question or fails to notify the result of handling such document under regulations, it/ He/she shall be handled in accordance with the law on cadres and civil servants.
Section 5. REPORTING REGIME, URGING, DIRECTION AND INSPECTION OF THE EXAMINATION AND HANDLING OF DOCUMENTS
Article 135. Reporting regime
1. The annual reporting on the examination and handling of documents by ministries, ministerial-level agencies, government-attached agencies, People’s Committees at all levels, or by local administrations in special administrative-economic units is prescribed as follows:
a/ The Bureau of Legal Documents Post-Review of the Ministry of Justice, the legal organization of a ministry, a ministerial-level agency or a government-attached agency, a provincial-level Justice Department, a district-level Justice Division, or an agency assigned by a People’s Committee in a special administrative-economic unit shall prepare annual reports on the examination and handling of documents and submit them to its minister, the head of its ministerial-level agency, head of its government-attached agency or the chairperson of the provincial- or district-level People’s Committee or of the People’s Committee of the special administrative-economic unit;
b/ Annual reports on the examination and handling of documents of a ministry, ministerial- level agency, government-attached agency, provincial-level People’s Committee, or local administration in a special administrative-economic unit shall be sent to the Ministry of Justice. Annual reports on the examination and handling of documents of a district- or commune-level People’s Committee shall be sent to the provincial- or district-level People’s Committee and concurrently to the provincial-level Justice Department or district-level Justice Division for summarization and reporting to its People’s Committee;
c/ The time limit for sending, and the time of collecting data for, annual reports on the examination and handling of documents must comply with the justice sector’s statistical and reporting regulations.
2. Annually, the Ministry of Justice shall summarize the reports on the examination and handling of documents of ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, and local administrations in special administrative- economic units prescribed in Clause 1 of this Article, and submit a summarization report to the Minister of Justice for consideration and reporting to the Prime Minister.
3. An annual report on the examination and handling of documents must have the following principal contents:
a/ Data on documents promulgated and already self-examined and handled by the ministry, sector or locality; documents sent for examination and documents actually examined; unlawful contents detected and requested to be considered and handled by the agency or person competent to promulgate documents; documents already handled at the request of the document-examining agency or handled according to competence.
A government-attached agency shall report on its coordination with legal organizations of ministries or ministerial-level agencies in the self-examination and examination of documents in the field under its management according to its competence;
b/ The situation of the review of documents used as a legal basis for the examination of documents in the assigned field;
c/ Assessments of the examination and handling of documents; organization and personnel; funds for the examination of documents; training and retraining in the examination of documents, and other conditions to ensure the examination of documents;
d/ Difficulties, problems and proposals;
dd/ A list of unlawful documents in terms of competence and content.
Article 136. Urging, direction and inspection of the examination and handling of documents
1. Urging, direction and inspection of the examination and handling of documents shall be conducted in a regular and prompt manner.
2. The Bureau of Legal Documents Post-Review of the Ministry of Justice shall assist the Minister of Justice in urging, directing and inspecting the examination and handling of documents by ministries, sectors and localities.
3. Legal organizations of ministries, ministerial-level agencies or government-attached agencies, provincial-level Justice Departments, district-level Justice Divisions, or agencies assigned by People’s Committees in special administrative-economic units shall assist their ministers, heads of their ministerial-level agencies, heads of their government-attached agencies, or chairpersons of their provincial- or district-level People’s Committees or People’s Committees of their special administrative-economic units in urging and directing the examination and handling of documents in their ministries, sectors or localities.
Chapter IX
REVIEW AND SYSTEMATIZATION OF LEGAL DOCUMENTS
Section 1. OBJECTS, PRINCIPLES AND RESPONSIBILITIES FOR REVIEW AND SYSTEMATIZATION OF LEGAL DOCUMENTS
Article 137. Documents to be reviewed and systematized
Documents to be reviewed and systematized include the documents mentioned in Article 4 of the Law, except the Constitution.
Article 138. Principles of review and systematization of documents
1. To review legal documents on a regular basis right upon the availability of a basis for the review; not to omit any document subject to review; to timely process review results; to observe the order of review.
2. To systematize documents on a regular and synchronous basis; to timely announce the Collection of systematized documents which remain effective and lists of documents; to observe the order of systematization.
3. The review and systematization of documents that contain state secrets must comply with the law on state secrets.
Article 139. Responsibilities for review and systematization of documents
1. Responsibilities of a minister or the head of a ministerial-level agency:
a/ A minister or the head of a ministerial-level agency shall review and systematize documents He/she has promulgated or has taken charge of the drafting thereof, and documents submitted by an agency or organization or a National Assembly deputy which regulate matters in the fields under the state management of his/ her ministry or agency;
b/ The head of a specialized unit of a ministry or a ministerial-level agency shall assist his/ her minister or the head of his/ her ministerial-level agency in reviewing and systematizing documents which regulate matters falling within the ambit of the state management functions and tasks of his/ her unit. The head of a legal organization or the head of a unit assigned to perform legal affairs of a general department or an equivalent unit or of a department of a ministry or ministerial-level agency, shall assume the prime responsibility for, and coordinate with relevant units in, assisting his/ her general director or director in reviewing and systematizing documents which regulate matters falling in the state management sector or field of his/ her agency or unit;
c/ The head of a legal organization of a ministry or a ministerial-level agency shall urge, guide, and summarize the results of, review and systematization of documents of the ministry or ministerial-level agency.
The Director of the Bureau of Legal Documents Post-Review of the Ministry of Justice shall urge, guide, and summarize the results of, review and systematization of documents of the Ministry of Justice.
2. Responsibilities of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General:
a/ The Chief Justice of the Supreme People’s Court shall review and systematize documents promulgated by the Judicial Council or Chief Justice of the Supreme People’s Court; documents drafted by the Supreme People’s Court; and documents submitted by agencies, organizations or National Assembly deputies which have contents falling within the ambit of the tasks and powers of the Supreme People’s Court.
The Procurator General of the Supreme People’s Procuracy shall review and systematize documents promulgated by him/ her; documents drafted by the Supreme People’s Procuracy; and documents submitted by agencies, organizations or National Assembly deputies which have contents falling within the ambit of the tasks and powers of the Supreme People’s Procuracy.
The State Auditor General shall review and systematize documents promulgated by him/ her; documents drafted by the State Audit Office of Vietnam; and documents submitted by agencies, organizations or National Assembly deputies which have contents falling within the ambit of the tasks and powers of the State Audit Office of Vietnam;
b/ Heads of units of the Supreme People’s Court, the Supreme People’s Procuracy or the State Audit Office of Vietnam shall review and systematize documents under regulations of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General.
3. Responsibilities of a People’s Committee:
a/ A People’s Committee shall review and systematize documents promulgated by itself and its People’s Council; and coordinate with the standing body of its People’s Council in proposing the People’s Council to process the results of review and systematization of documents of the People’s Council;
b/ The chairperson of a provincial- or district-level People’s Committee shall direct specialized agencies of its People’s Committee in reviewing and systematizing documents promulgated by its People’s Council or by the People’s Committee.
The chairperson of a commune-level People’s Committee shall organize the review and systematization of documents promulgated by the commune-level People’s Council and by his/ her People’s Committee;
c/ The head of a specialized agency of a provincial- or district-level People’s Committee shall assume the prime responsibility for, and coordinate with the legal department of his/ her People’s Council and relevant agencies in, reviewing and systematizing documents of his/ her People’s Committee and People’s Council which have contents falling within the ambit of state management functions and tasks of his/ her agency.
The head of the legal organization or a unit assigned to perform legal affairs in a specialized agency of a provincial-level People’s Committee shall assume the prime responsibility for, and coordinate with relevant units in, assisting the head of his/ her specialized agency in reviewing and systematizing documents.
The head of another agency having drafted documents of his/ her People’s Council or People’s Committee shall assume the prime responsibility for, and coordinate with the legal department of his/ her People’s Council, the director of the provincial-level Justice Department, the head of the district-level Justice Division and relevant agencies in, reviewing and systematizing documents;
d/ The director of the provincial-level Justice Department or the head of the district-level Justice Division shall urge, guide, and summarize the results of, review and systematization of documents of his/ her People’s Council and People’s Committee.
4. Responsibilities of a People’s Committee in a special administrative-economic unit:
a/ To review and systematize documents promulgated by itself and its People’s Council; to coordinate with relevant agencies in proposing its People’s Council to process the results of review and systematization of documents of the People’s Council;
b/ To specifically define responsibilities of agencies under its management in assisting the People’s Committee in reviewing and systematizing documents.
5. In case of dissolution, merger, division, or adjustment of the administrative boundaries, of administrative units, the People’s Committee of the new administrative unit shall review and systematize documents promulgated by the People’s Councils or People’s Committees of the old administrative units.
Section 2. PROPOSALS FOR REVIEW OF LEGAL DOCUMENTS, DOCUMENTS USED FOR REVIEW AND SYSTEMATIZATION, BASES FOR REVIEW, FORMS OF HANDLING REVIEWED LEGAL DOCUMENTS, AND USE OF REVIEW RESULTS
Article 140. Proposal for review of a document
1. An agency, an organization or a citizen shall, when detecting a document that contains unlawful, contradictory, overlapping or inappropriate contents, propose a responsible state agency defined in Article 139 of this Decree to review such document.
2. An agency that receives a proposal for review of a document shall consider reviewing such document or transfer the proposal to an agency responsible for reviewing documents and, at the same time, notify such to the proposing agency, organization or citizen.
Article 141. Documents used for review and systematization
1. A document shall be used for review and systematization in the following order of priority:
a/ Master original, original;
b/ Document published on the printed or e-Cong Bao;
c/ Certified true copy, duplicate made by a competent agency or person;
d/ Document in the national legal database;
dd/ Document in the Collection of systematized legal documents announced by a competent state agency.
2. If a consolidated document is available, it shall be used for review and systematization.
Article 142. Bases for review of a document
1. A document used as a basis for review is a document that is promulgated later and contains provisions relating to the document to be reviewed, including:
a/ A legal document that has the legal effect higher than the document to be reviewed; and a legal document of the agency or person that has promulgated the document to be reviewed;
b/ A treaty which the Socialist Republic of Vietnam accedes to after the promulgation of the document to be reviewed.
2. The socio-economic development situation used as a basis for review shall be identified based on the policies and line of the Party and State; and investigation and survey results and practical information relating to the subjects and scope of regulation of the document to be reviewed.
Article 143. Forms of handling a reviewed document
1. Annulment of the whole or part of a document:
a/ Annulment of the whole of a document shall apply in case the subjects of regulation of such document no longer exist or all provisions of such document are contrary or contradictory to or overlap those of the document used as a basis for review, or are no longer suitable to the socio-economic development situation but it is unnecessary to promulgate a replacing document;
b/ Annulment of part of a document shall apply in case some of the subjects of regulation of such document no longer exist or part of the contents of such document is contrary or contradictory to or overlaps that of the document used as a basis for review, or is no longer suitable to the socio-economic development situation but it is unnecessary to promulgate an amending and supplementing document;
c/ An annulled document shall be included in a list to be announced under Article 157 of this Decree.
2. Replacement of a document shall apply in case the whole or majority of contents of such document are contrary or contradictory to or overlap those of the document used as a basis for review, or are no longer suitable to the socio-economic development situation.
3. Amendment and supplementation of a document shall apply in case part of contents of such document is contrary or contradictory to or overlaps the document used as a basis for review, or is no longer suitable to the socio-economic development situation.
4. Promulgation of a new document shall apply in case it is detected through a review that a social relation needs to be regulated by another document having a higher legal effect, or that a social relation needs to be regulated but there is not yet any legal provision to regulate it.
5. Suspension from implementation of part or the whole of the contents of a document shall apply in case the reviewed document has unlawful, contradictory or overlapping provisions which, if not being amended, supplemented, annulled or replaced in time and if being further implemented, are likely to cause serious consequences, affecting interests of the State and lawful rights and interests of organizations and individuals.
6. Cessation of the effect of part or the whole of a document for a certain period shall apply in case of review of a document based on socio-economic development situation in order to settle arising socio-economic issues.
Article 144. Use of results of review and systematization of documents
1. Results of review and systematization of documents shall be used to serve the elaboration of legal documents and improvement of the legal system; search in the process of law application and implementation; and update of information on documents to the national legal database.
2. Results of review of documents shall be used to serve the consolidation of documents, codification of legal norms and control of administrative procedures.
Section 3. CONTENTS AND ORDER OF REVIEW OF LEGAL DOCUMENTS AND PROCESSING OF REVIEW RESULTS
Article 145. Identification of documents used as the basis for review and of documents subject to review
1. A document amending, supplementing, replacing, annulling, suspending the implementation of, or ceasing the effect of, one or more document(s) shall be used as a basis for review; a document which is amended, supplemented, replaced or annulled, ceases to be effective, or is suspended from implementation shall be reviewed.
2. A document amending, supplementing, replacing, annulling, ceasing the effect of, or suspending the implementation of, a document used as a basis for promulgation of one or more document(s) shall be used as a basis for review; a document promulgated on the basis of a document which is amended, supplemented, replaced or annulled, ceases to be effective, or is suspended from implementation shall be reviewed.
3. A document amending, supplementing, replacing, annulling, ceasing the effect of, or suspending the implementation of, a document referred to in one or more document(s) shall serve as a basis for review; a document having the contents referred to in the document which is amended, supplemented, replaced or annulled, ceases to be effective, or is suspended from implementation shall be reviewed.
4. A document containing provisions relating to one or more previously promulgated document(s) shall be used as a basis for review; the previously promulgated document shall be reviewed.
Article 146. Identification of socio-economic development situation for review of a document
The socio-economic development situation for review of a document shall be identified based on:
1. The Statutes, Platform, resolutions, circulars, directives and other official documents of the Party; and official documents of competent state agencies which are related to the document to be reviewed;
2. Investigation and survey results; socio-economic information; statistical data and reports; practical information and data, and other materials relating to the document to be reviewed, which are announced by competent state agencies.
Article 147. Contents of review of a document based on another document
1. Effect of the document.
2. Bases for promulgation of the document.
3. Competence to promulgate the document.
4. Contents of the document.
Article 148. Contents of review of a document based on socio-economic development situation
1. Subjects of regulation of the document.
2. Format of the document.
3. Contents of the document.
4. New social relations which need to be regulated by a legal document.
Article 149. Order of review of a document based on another document
1. The head of an agency or a unit shall assign a person to review documents right after the document used as a basis for review is approved or signed.
2. The document-reviewing person shall identify a document to be reviewed and report it to the head of the agency or unit for decision.
3. The document-reviewing person shall consider and assess the bases for promulgation of the reviewed document in order to fully identify and collect the documents used as the basis for review.
4. The document-reviewing person shall consider and determine the effect of the reviewed document as follows:
a/ In case the reviewed document ceases to be effective or is suspended from implementation under Article 153, or Clause 1, 2 or 3, Article 154, of the Law, He/she shall identify part or the whole of the contents, reason for and time of cessation or suspension of the effect, of the reviewed document. The determination of the effect of a document under Clause 4, Article 154 of the Law must comply with Article 38 of this Decree.
In case a document is reviewed based on a document promulgated according to the order and procedures prescribed in the 1996 Law on Promulgation of Legal Documents and the 2002 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents, the determination of cases of cessation of the effect of such document must comply with Article 78 of the 1996 Law on Promulgation of Legal Documents.
In case a document is reviewed based on a document promulgated according to the order and procedures prescribed in the 2008 Law on Promulgation of Legal Documents, the determination of cases of cessation of the effect of such document must comply with Article 81 of the 2008 Law on Promulgation of Legal Documents.
In case a document is reviewed based on a document promulgated according to the order and procedures prescribed in the 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees, the determination of cases of cessation of the effect of such document must comply with Article 53 of the 2004 Law on Promulgation of Legal Documents of People’s Councils and People’s Committees;
b/ A document identified as ceasing to be effective or having its effect suspended in part or in whole shall be included in a list for announcement under Article 157 of this Decree;
c/ A document identified as remaining effective shall be further reviewed in terms of competence and content as prescribed in Clauses 5 and 6 of this Article.
5. The document-reviewing person shall consider and assess the competence in terms of format and competence in terms of content of the reviewed document.
6. The document-reviewing person shall consider and assess the contents of the reviewed document for identifying provisions that are contrary or contradictory to or overlap those of the document used as a basis for review.
Article 150. Sequence of review of a document based on socio-economic development situation
1. The head of an agency or a unit shall assign a person to review documents right after the socio-economic situation sees a change that is likely to make the contents of a certain document no longer suitable.
2. The document-reviewing person shall identify a document to be reviewed and report it to the head of the agency or unit for decision.
3. The document-reviewing person shall, based on the subjects and scope of regulation of the reviewed document, collect information, materials and documents used as the basis for identifying the change of the socio-economic situation under Article 146 of this Decree.
4. The document-reviewing person shall consider and assess the reviewed document for identifying the contents mentioned in Article 148 of this Decree.
Article 151. Making a document review slip
1. In case a reviewed document has provisions that are contrary or contradictory to or overlap those of the document used as a basis for review, or that are no longer suitable to the socio-economic development situation, the document-reviewing person shall make a document review slip according to form No. 01 provided in Appendix No. IV to this Decree
In case the review results have complicated contents, the document-reviewing person shall propose the head of his/ her agency or unit to consider and collect opinions from related agencies and units for improving the review results.
2. In case a reviewed document has no provisions that are contrary or contradictory to or overlap those of the document used as a basis for review, or that are still suitable to the socio- economic development situation, the document-reviewing person shall not make a document review slip but shall sign in the top comer of the reviewed document and write his/ her full name and date of review.
Article 152. Making a document review dossier
The document-reviewing person shall make a document review dossier, which must comprise:
1. The reviewed document;
2. The document used as a basis for review and relevant documents on the socio-economic development situation;
3. The document review slip;
4. A draft report on review results, made by the agency or unit of the reviewing person to the minister, head of ministerial-level agency or People’s Committee, containing assessments of the effect, competence to promulgate, and provisions of the reviewed document that are contrary or contradictory to or overlap those of the document used as a basis for review, or that are no longer suitable to the socio-economic development situation, and proposed solutions;
5. A draft document on collection of opinions on the processing of review results (if any) from the agency(ies) that jointly promulgate(s) the document under review;
6. A draft document of the ministry, ministerial-level agency or People’s Committee proposing a competent agency or person to handle the document;
7. Other relevant documents.
Article 153. Collection of opinions on and finalization of a document review dossier
1. A document-reviewing agency or unit of a ministry or ministerial-level agency shall collect opinions from the legal organization; a document-reviewing agency or a unit under the Ministry of Justice shall collect opinions from the Bureau of Legal Documents Post-Review; a provincial-level document-reviewing agency or unit shall collect opinions from the provincial- level Justice Department; and a district-level document-reviewing agency or unit shall collect opinions from the district-level Justice Division, on document review results.
The document-reviewing agency shall collect opinions on the document review results from the agency(ies) that jointly promulgate(s) the document under review.
2. The consulted agency or unit shall give a written reply, clearly stating the contents it agrees and disagrees with and reasons, and other opinions.
3. The document-reviewing agency or unit shall finalize the document review dossier based on the collected opinions before submitting it to the minister, head of ministerial-level agency or People’s Committee for consideration and processing.
Article 154. Processing, or proposing the processing, of document review results
1. Ministers, heads of ministerial-level agencies or People’s Committees at all levels shall decide on the processing of, or propose competent agencies or persons to process, document review results.
2. Legal organizations, provincial-level Justice Departments, district-level Justice Divisions or commune-level People’s Committees shall open a “Book for monitoring reviewed documents” according to form No. 02 provided in Appendix IV to this Decree.
Article 155. Review of documents and processing of review results at the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam
The review of documents and processing of review results at the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam must comply with the order prescribed by the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General.
Article 156. Review of documents and processing of review results of People’s Councils and People’s Committees in special administrative-economic units
The review of documents and processing of review results of People’s Councils and People’s Committees in special administrative-economic units must comply with the order prescribed by the People’s Committees in special administrative-economic units.
Article 157. Announcement of lists of documents that cease to be effective or have their effect suspended
1. Annually, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General or chairpersons of People’s Committees shall announce their lists of documents that cease to be effective or have their effect suspended and fall within their reviewing responsibility, which include detailing documents that cease to be effective, under Clauses 3,4 and 5, Article 38 of this Decree.
2. A document announcing the list of documents that cease to be effective or have their effect suspended is an administrative decision which shall be published in Cong Bao and on the e-portal or website (if any) of the document-reviewing agency or publicly displayed at the places mentioned in Article 98 of this Decree.
3. A document that ceases to be effective or has its effect suspended and is included in a list for annual announcement is a document that has the time of cessation of its effect or the time of commencement of suspension of its effect falling in the same year (from January 1 through December 31).
In case there is a document that ceases to be effective or has its effect suspended and needs to be announced in the previous period but has not been announced yet, the document-reviewing agency shall include such document in the list of documents for announcement.
4. A decision announcing the list of documents that cease to be effective or have their effect suspended, which is issued by a minister, the head of a ministerial-level agency or a provincial-level People’s Committee chairperson, shall be sent to the Ministry of Justice; such decision of a district-level People’s Committee chairperson shall be sent to the provincial-level People’s Committee and Justice Department; and such decision of a commune-level People’s Committee chairperson shall be sent to the district-level People’s Committee and Justice Division, for monitoring and summarization.
5. A list of documents that cease to be effective or have their effect suspended shall be made according to form No. 03 or No. 04 provided in Appendix IV to this Decree.
Article 158. Handling of documents detected to be unlawful at the time of promulgation
1. When detecting an unlawful document at the time of its promulgation which is subject to examination, the document-reviewing agency shall examine such document or propose a competent agency to examine it under Chapter VIII of this Decree.
2. When detecting that a document of the National Assembly, the National Assembly Standing Committee, the President, the Government, or the Prime Minister contains provisions that are contrary to the Constitution or a law at the time of its promulgation, the document- reviewing agency shall coordinate with related agencies in proposing a competent agency or person to consider and handle such document.
Section 4. OVERALL REVIEW OF THE SYSTEM OF LEGAL DOCUMENTS, REVIEW OF LEGAL DOCUMENTS BY TOPIC, SECTOR OR GEOGRAPHICAL AREA
Article 159. Overall review of the system of documents
1. The Government shall propose the National Assembly Standing Committee to decide on an overall review of the system of documents; and submit a plan on overall review of the system of documents to the National Assembly Standing Committee for promulgation, and organize the implementation thereof.
2. The Ministry of Justice shall assist the Government in formulating, and act as the focal point in organizing the implementation of, a plan on overall review of the system of documents.
Article 160. Decision on review of documents by topic, sector or geographical area
1. The Prime Minister, ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General or chairpersons of People’s Committees at all levels shall decide on a review of documents by topic or sector in order to consider and re-assess documents that jointly regulate one or more groups of social relations within a specified period of time.
2. The Prime Minister, ministers, heads of ministerial-level agencies or chairpersons of People’s Committees at all levels shall decide on a review of documents by geographical area in order to consider and re-assess the promulgated documents that have a scope and subjects of regulation within a specified geographical area in order to meet state management requirements or in case of adjustment of administrative boundaries.
Article 161. Plan on review of documents by topic, sector or geographical area
1. A minister or the head of a ministerial-level agency shall assist the Prime Minister in formulating a plan on, and organizing, a review of documents by topic, sector or geographical area as decided by the Prime Minister within his/ her state management competence.
The head of a specialized unit of a ministry or ministerial-level agency shall assist his/ her minister or the head of his/ her ministerial-level agency in formulating, and organizing the implementation of, a plan on a review of documents that regulate matters falling within the state management functions and tasks of his/ her unit.
The head of a specialized agency of a provincial- or district-level People’s Committee shall assume the prime responsibility for, and coordinate with the legal department of the People’s Council and related agencies in, formulating, and organizing the implementation of, a plan on a review of documents of the same-level People’s Committee and People’s Council that regulate matters falling within the state management functions and tasks of his/ her agency.
2. A plan on review of documents must state the purpose, requirements, objects and scope of the review; time and schedule of implementation of the plan; identify responsible and coordinating agencies and units in the plan implementation; and funds and conditions to ensure the plan implementation.
Article 162. Results of overall review of the system of documents and review of documents by topic, sector or geographical area
1. Results of an overall review of the system of documents and a review of documents by topic, sector or geographical area include assessments of the actual status of the system of documents; and recommendations and proposals for handling documents in order to improve the legal system.
2. Results of an overall review of the system of documents and a review of documents by topic, sector or geographical area shall be expressed in a report and lists of documents as follows:
a/ A report on the results of the overall review of the system of documents or review of documents by topic, sector or geographical area, which must clearly state the process of organizing the review; results achieved through the overall review or review; and assessments of the actual status of the system of reviewed documents, and recommendations and proposals for handling documents;
b/ A list of documents remaining effective, including documents that cease to be effective in part: a list of documents that cease to be effective or have their effect suspended in whole; a list of documents that cease to be effective or have their effect suspended in part; and a list of documents that need to be suspended from implementation, have their effect suspended, or be amended, supplemented, replaced, annulled or promulgated.
The above lists of documents shall be made according to forms No. 03, 04, 05 and 06 provided in Appendix IV to this Decree.
Article 163. Announcement of results of overall review of the system of documents or review of documents by topic, sector or geographical area
1. The Government shall submit results of an overall review of the system of documents to the National Assembly Standing Committee for decision to announce these results.
2. An agency or a person that decides on a review of documents by topic, sector or geographical area shall decide on announcement of its results.
Section 5. CONTENTS, ORDER AND PROCEDURES FOR SYSTEMATIZATION OF LEGAL DOCUMENTS
Article 164. Periodical systematization of documents
Effective legal documents shall be periodically systematized and the systematization results shall be announced once every 5 years. The point of time for identifying documents subject to systematization for announcement (below refereed to as the time of systematization) is December 31 of the fifth year counting from the time of the previous systematization.
Article 165. Contents of systematization of documents
1. Collecting documents subject to systematization.
2. Re-checking the results of reviews of documents and conducting additional reviews.
3. Arranging documents that remain effective according to the criteria mentioned in Article 168 of this Decree.
4. Announcing the lists of documents and the Collection of systematized documents that remain effective.
Article 166. Plan on systematization of documents
1. A plan shall be made for the periodical systematization of documents.
2. Such a plan must have the following contents:
a/ Purpose and requirements of the systematization;
b/ Objects and scope of systematization;
c/ Duration and schedule of systematization;
d/ Assignment of responsible and coordinating units;
dd/ Funds and conditions for implementation.
Article 167. Order of systematization of documents
1. Collecting documents and document review results for systematization:
a/ Documents subject to periodical systematization include documents in the Collection of systematized documents in the previous period of systematization and documents promulgated in the current period of systematization, including those that have not yet taken effect;
b/ Document review results for systematization shall be collected from the databases serving the examination, review and systematization of documents of agencies or persons competent to examine, review and systematize documents.
2. Re-checking document review results and conducting additional reviews:
a/ Document review results for systematization shall be re-checked to ensure the accuracy of th e effect of documents by the time of systematization;
b/ If the document review results fail to update the legal status of a document or it is detected that a document has not yet been reviewed under regulations, the agency or person with reviewing competence shall immediately review such document in accordance with this Decree.
3. Identifying documents subject to systematization:
a/ Based on the document review results already re-checked and additionally review results, the document-systematizing person shall identify documents subject to systematization;
b/ Documents subject to systematization include documents in the Collection of systematized documents in the previous period of systematization which have been reviewed and identified as remaining effective; documents promulgated in the current period of systematization which have been reviewed and identified as remaining effective; and documents promulgated in the current period of systematization but not yet taken effect by the time of systematization.
4. Making lists of documents:
a/ A list of legal documents that remain effective, including legal documents that cease to be effective in part and documents that have not yet taken effect by the time of systematization; a list of legal documents that cease to be effective or have their effect suspended in whole; a list of legal documents that cease to be effective or have their effect suspended in part; and a list of legal documents that need to be suspended from implementation, have their effect suspended, or be amended, supplemented, replaced, annulled or promulgated;
b/ The above lists of documents shall be made according to forms No. 03, 04, 05 and 06 provided in Appendix IV to this Decree.
5. Arrangement of documents that remain effective into a Collection of systematized documents:
Based on the list of documents that remain effective, the document-systematizing person shall arrange them into a Collection of systematized documents.
6. Announcement of systematization results:
a/ A minister, the head of a ministerial-level agency, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, or the chairperson of a People’s Committee shall announce document systematization results;
b/ Document systematization results include the lists of documents and the Collection of systematized documents prescribed in Clauses 4 and 5 of this Article;
c/ A document announcing document systematization results shall be issued in the form of administrative decision;
d/ Document systematization results shall be announced within 30 days, for documents promulgated by central agencies, or 60 days, for documents promulgated by People’s Councils and People’s Committees at all levels, from the time of systematization.
7. Document systematization results shall be published on the e-portal or website (if any) of the document-systematizing agency. When necessary, such agency shall issue the Collection of systematized documents in paper form.
The lists of documents promulgated by central and provincial-level agencies which cease to be effective or have their effect suspended shall be published in Cong Bao. The lists of documents promulgated by district-level agencies which cease to be effective or have their effect suspended shall be publicly displayed at the offices of the document-reviewing agencies.
After being announced, if the lists of documents and the Collection of systematized effective documents are found to contain errors, such documents shall be re-reviewed and errors shall be corrected.
Article 168. Criteria for arrangement of documents in the Collection of systematized documents and lists of documents
Documents in the Collection of systematized documents and lists of documents shall be arranged according to the following criteria:
1. State management field of an agency or field decided by the document-systematizing agency.
2. Sequence of documents, in the descending order of their legal effect.
3. Chronological sequence of promulgation of documents, from those promulgated first to those promulgated later.
4. Other criteria to meet state management requirements.
Article 169. Coordination among agencies and units in the systematization of documents
1. Legal organizations of ministries or ministerial-level agencies, the Bureau of Legal Documents Post-Review of the Ministry of Justice, provincial-level Justice Departments or district-level Justice Divisions shall assist their ministers, heads of their ministerial-level agencies or their People’s Committees in formulating plans on systematization of documents and act as the focal points in organizing the implementation thereof.
2. Specialized units of ministries or ministerial-level agencies shall systematize documents according to the sequence of systematization of documents and send document systematization results to the legal organizations of their ministries or ministerial-level agencies for summarization.
A specialized unit of the Ministry of Justice shall systematize documents according to the sequence of systematization of documents and send document systematization results to the Bureau of Legal Documents Post-Review for summarization.
Provincial- or district-level document-systematizing agencies and units shall systematize documents according to the sequence of systematization of documents and send document systematization results to provincial-level Justice Departments or district-level Justice Divisions for summarization.
3. Legal organizations, the Bureau of Legal Documents Post-Review of the Ministry of Justice, provincial-level Justice Departments or district-level Justice Divisions shall re- check document systematization results and submit them to their ministers, the heads of their ministerial-level agencies or the chairpersons of their People’s Committees for consideration and announcement.
4. Coordination among units managed by the Supreme People’s Court, the Supreme People’s Procuracy or the State Audit Office of Vietnam in the systematization of documents must comply with regulations of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General.
5. Ministries, ministerial-level agencies or provincial-level People’s Committees shall send reports on document systematization results within 20 days from the date of announcement of these results under Point d, Clause 6, Article 167 of this Decree to the Ministry of Justice for monitoring, summarization and reporting to the Prime Minister.
Section 6. REPORTING REGIME, FORMS USED IN THE REVIEW AND SYSTEMATIZATION OF LEGAL DOCUMENTS
Article 170. Annual reporting regime
1. Annual reporting on the review and systematization of documents by ministries, ministerial-level agencies and People’s Committees at all levels is prescribed as follows:
a/ The Bureau of Legal Documents Post-Review of the Ministry of Justice, legal organizations of ministries or ministerial-level agencies, provincial-level Justice Departments, district-level Justice Divisions or justice-civil status officers shall make annual reports on the review and systematization of documents and submit them to their ministers, the heads of their ministerial-level agencies or the chairpersons of their People’s Committees.
b/ Annual reports on the review and systematization of documents of ministries, ministerial- level agencies and provincial-level People’s Committees shall be sent to the Ministry of Justice for summarization and reporting to the Prime Minister.
Annual reports on the review and systematization of documents of district-level People’s Committees shall be sent to provincial-level People’s Committees and Justice Departments and provincial-level Justice Departments shall summarize and report them to provincial-level People’s Committees.
Annual reports on the review and systematization of documents of commune-level People’s Committees shall be sent to district-level People’s Committees and Justice Divisions, and district- level Justice Divisions shall summarize and report them to district-level People’s Committees.
c/ The time limit for sending reports and the time of collecting data for annual reporting on the review and systematization of documents must comply with the statistical law.
2. Annually, based on reports on the review and systematization of documents of ministries, ministerial-level agencies and provincial-level People’s Committees as prescribed in Clause 1 of this Article, the Ministry of Justice shall summarize and report them to the Prime Minister.
3. An annual report on the review and systematization of documents must have the following contents:
a/ Results of the review and systematization of documents, including data on the number of documents subject to review and number of documents already reviewed, document review results, and handling of the reviewed documents; document systematization results; and results of review of documents by topic, sector or geographical area;
b/ General assessment of the quality of the elaboration and promulgation of documents subject to review or systematization;
c/ Assessment of institutions on the review and systematization of documents; organization, payroll and funds for the review and systematization of documents;
d/ Coordination in the review and systematization of documents; training and retraining in and other conditions for the review and systematization of documents;
dd/ Difficulties, problems and recommendations;
e/ Other relevant matters.
4. The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the State Auditor General shall provide information on the situation and results of review and systematization of documents under Point dd, Clause 1, Article 186 of this Decree.
Article 171. Forms used in the review and systematization of documents
1. Slip of review of legal documents (form No. 01 provided in Appendix IV).
2. Book for monitoring reviewed legal documents (form No. 02 provided in Appendix IV).
3. List of legal documents that cease to be effective or have their effect suspended in whole (form No. 03 provided in Appendix IV).
4. List of legal documents that cease to be effective or have their effect suspended in part (form No. 04 provided in Appendix IV).
5. List of legal documents that remain effective (form No. 05 provided in Appendix IV).
6. List of legal documents which need to be suspended from implementation, have their effect suspended, or be amended, supplemented, replaced, annulled or promulgated (form No. 06 provided in Appendix IV).
Chapter X
ASSURANCE OF RESOURCES FOR ELABORATION AND PROMULGATION OF LEGAL DOCUMENTS
Section 1. ASSURANCE OF HUMAN RESOURCES
Article 172. Cadres and civil servants engaged in the elaboration of legal documents and improvement of the legal system
1. Cadres and civil servants engaged in the elaboration of legal documents and improvement of the legal system have the following major tasks:
a/ To formulate policies, conduct regulatory impact assessment and make proposals for elaboration of legal documents;
b/ To draft and revise legal documents;
c/ To appraise and verify proposals for elaboration of legal documents; to appraise and verify draft legal documents;
d/ To examine, review and systematize legal documents;
dd/ To consolidate legal documents and codify the system of legal norms;
e/ To control administrative procedures;
g/ To monitor the situation of observance of law.
2. Cadres and civil servants engaged in die elaboration of legal documents and improvement of the legal system shall be assigned, employed, trained and refrained in accordance with the law on cadres and civil servants and this Decree.
Article 173. Assignment and employment of cadres and civil servants engaged in the elaboration of legal documents and improvement of the legal system
1. Agencies, organizations and persons that have competence in the elaboration of legal documents and improvement of the legal system shall:
a/ Ensure sufficient numbers of capable and qualified cadres and civil servants in their total payrolls to engage in the elaboration of legal documents and improvement of the legal system;
b/ Strengthen the contingents of cadres and civil servants engaged in the elaboration of legal documents and improvement of the legal system;
c/ Regularly review the contingents of cadres and civil servants in order to transfer or second, upon request, capable and qualified cadres and civil servants from other agencies to engage in the elaboration of legal documents and improvement of the legal system.
2. Agencies, organizations and persons that have competence in the elaboration of legal documents and improvement of the legal system shall prioritize the employment of cadres and civil servants who have been trained in law and have lawmaking capacity to elaborate legal documents which they are in charge of drafting or are competent to promulgate.
Article 174. Training and retraining of cadres and civil servants engaged in the elaboration of legal documents and improvement of the legal system
1. Agencies, organizations and persons that have competence in the elaboration of legal documents and improvement of the legal system shall:
a/ At least once every year organize refresher courses for cadres and civil servants directly engaged in the elaboration of legal documents and improvement of the legal system to improve their professional knowledge and skills;
b/ Appoint their cadres and civil servants directly engaged in the elaboration of legal documents and improvement of the legal system to attend the Ministry of Justice-organized intensive courses in the elaboration of legal documents and improvement of the legal system;
c/ Send potential cadres and civil servants directly engaged in the elaboration of legal documents and improvement of the legal system to attend overseas long-term legal training courses.
2. The Minister of Justice shall:
a/ Compile manuals on the elaboration and promulgation of legal documents and improvement of the legal system;
b/ Organize professional training in the elaboration of legal documents and improvement of the legal system;
c/ Annually organize intensive courses for cadres and civil servants engaged in the elaboration of legal documents and improvement of the legal system on policy formulation knowledge, methods and skills, regulatory impact assessment and policy appraisal in the process of making proposals for elaboration and drafting of legal documents; drafting of legal documents and appraisal of draft legal documents; examination, review, systematization and consolidation of legal documents and codification of the system of legal norms; control of administrative procedures; collection of opinions on draft legal documents; and assessment of the implementation of legal documents.
Article 175. Employment of experts
1. In the process of making proposals for elaboration of legal documents, drafting, appraising and verifying legal documents, heads of agencies, organizations or units may employ experts who have capabilities relevant to each task.
2. The employment of an expert must adhere to the following principles:
a/ He/she is selected based on specific criteria for each task;
b/ He/she is hired to work under a work-based contract;
c/ An expert who has participated in formulating policies or drafting a legal document shall not be employed to appraise or verify the proposal for elaboration of such legal document or its draft.
3. An expert shall be entitled to:
a/ Receive remuneration as agreed in the contract;
b/ Be provided with relevant information while performing his/ her task stated in the contract;
c/ Receive financial support to pay expenses for attending domestic scientific conferences and seminars with contents relevant to his/ her task stated in the contract at a level under current regulations;
d/ Propose methods of performing his/ her task stated in the contract to meet the professional requirements of such task;
dd/ Be commended and honored for his/ her contributions to the lawmaking and improvement of the legal system of Vietnam.
Preferential treatment for experts being overseas Vietnamese or foreigners must comply with regulations on attraction of scientists and technologists to work in Vietnam.
4. Remuneration and financial support for experts are prescribed as follows:
a/ Remuneration and financial support for experts shall be covered by the state budget as decentralized or by other lawful funding sources (if any);
b/ Remuneration for experts shall be paid at the level stated in their contracts;
c/ The payment and finalization of remuneration and financial support for experts must comply with law and shall be based on their performance results.
Article 176. Employment of collaborators in examination, review and systematization of documents
1. Document examination collaborators:
a/ A document examination collaborator is a person who has experiences in the elaboration and examination of documents relevant to the field of the examined documents, who shall sign a package or definite-term collaboration contract with the head of the document- examining agency and be managed and professionally instructed and perform tasks assigned by such agency;
b/ A document-examining agency shall build and manage its document examination collaborators. The number of document examination collaborators of each document-examining agency must depend on the scope and nature of documents falling within the examining competence of such agency;
c/ Heads of document-examining agencies of ministries, ministerial-level agencies, government-attached agencies or provincial- or district-level People’s Committees shall advise and propose their ministers, the heads of their ministerial-level agencies, the heads of their government-attached agencies or their provincial- or district-level People’s Committee chairpersons to base themselves on the requirements and practical conditions of their agencies or localities to issue regulations on document examination collaborators, and sign collaboration contracts with these collaborators in accordance with the law on contracts.
2. Document review and systematization collaborators:
a/ A document review and systematization collaborator is a person who has experience in the elaboration, review and systematization of documents relevant to the field of the reviewed and systematized documents, who shall sign a collaboration contract with the head of the document- reviewing agency;
b/ A reviewing agency or unit shall build and manage its document review and systematization collaborators. The number of document review and systematization collaborators of each document-reviewing agency or unit must depend on the scope and nature of documents falling within the review and systematization competence of such agency or unit.
Section 2. ASSURANCE OF PHYSICAL FOUNDATIONS FOR ELABORATION OF LEGAL DOCUMENTS AND IMPROVEMENT OF THE LEGAL SYSTEM
Article 177. Modernization of facilities and technical infrastructure
Agencies, organizations and persons that have competence in the elaboration of legal documents and improvement of the legal system shall:
1. Prioritize funds for modernization of facilities and technical infrastructure to serve the elaboration of legal documents and improvement of the legal system.
2. Apply scientific and technological achievements, especially information technology, in order to speed up the drafting progress; provide relevant information to ensure the elaboration of quality legal documents and improvement of the legal system.
3. Improve and efficiently operate the national legal database in order to ensure uninterrupted and continuous connection between central and local levels, and ensure prompt, full and accurate update of documents to this database to meet exploitation and use demands.
Article 178. Database serving examination, review and systematization of documents
1. A database serving the examination, review and systematization of documents includes paper documents which are classified and arranged in a scientific manner and computerized for unified management, search and use.
2. A database serving the examination, review and systematization of documents includes:
a/ Documents serving examination, review and systematization activities;
b/ Document review dossiers prescribed in Article 152 of this Decree;
c/ Document systematization results;
d/ Document examination and processing results; information on examination operations;
dd/ Other relevant documents.
3. A database mentioned in Clauses 1 and 2 of this Article shall be connected and integrated with the national legal database.
4. Ministries, ministerial-level agencies and provincial- and district-level People’s Committees shall update the contents prescribed in Clause 2 of this Article into the database serving the examination, review and systematization of documents.
Section 3. ASSURANCE OF FUNDS FOR ELABORATION OF LEGAL DOCUMENTS AND IMPROVEMENT OF THE LEGAL SYSTEM
Article 179. Funding sources
1. Funds for the elaboration of legal documents and improvement of the legal system shall be covered by the state budget according to the current decentralization regime.
2. In the process of elaboration of legal documents and improvement of the legal system, agencies may use financial support from projects and organizations and individuals at home and abroad in accordance with law to supplement the funds for the elaboration of legal documents and improvement of the legal system.
Article 180. Principles of allocation of funds
1. Funds for the elaboration of legal documents and improvement of the legal system shall be covered by the state budget in accordance with the Law on the State Budget and detailing and guiding documents.
2. The allocation of funds for the elaboration of legal documents and improvement of the legal system by agencies and units must comply with the Party’s line and policies, the State’s policies, and these agencies’ and units’ functions and tasks, and with approved programs and plans on elaboration of legal documents, and conform to. the task performance schedule.
3. The use of funds for the elaboration of legal documents and improvement of the legal system must be for proper purposes, contents and comply with spending regulations and norms prescribed by law.
4. The allocation of package funds shall be based on the results of elaboration of legal documents as guided by the Ministry of Finance, ensuring that the spent amounts must not exceed the assigned cost estimates.
5. Agencies in charge of elaboration of legal documents and improvement of the legal system may use financial support from projects and organizations and individuals at home and abroad in accordance with law to supplement the funds allocated for such work.
Article 181. Activities of elaboration of legal documents and improvement of the legal system to be funded by the state budget
1. Making proposals for elaboration of legal documents and law- and ordinance-making programs, including such activities as reviewing law enforcement; surveying and assessing the actual situation of relevant social relations; conducting scientific research, studying relevant information and treaties and translating foreign documents into Vietnamese; formulating contents of policies; conducting regulatory impact assessment; collecting opinions from related agencies and organizations; revising and finalizing proposals for elaboration of legal documents; and making lists, programs and plans on elaboration of legal documents of the Government, the Prime Minister, ministries, ministerial-level agencies and local administrations.
2. Elaborating legal documents, including such activities as organizing the drafting of documents; collecting, reviewing and assessing relevant documents; assessing impacts of documents; collecting opinions from related agencies and organizations, and revising and finalizing documents.
3. Giving opinions to, appraising and verifying proposals for elaboration of legal documents and draft legal documents, including such activities as forming appraisal advisory councils, appraisal councils or verification councils; collecting opinions from experts and scientists when necessary; making and revising appraisal reports and verification reports; and written opinions.
4. Activities relating to the organization of law enforcement, including such activities as organizing law dissemination and education; examining and handling legal documents; reviewing and systematizing legal documents; controlling administrative procedures; organizing and monitoring law enforcement; consolidating legal documents and codifying legal norms; publishing Cong Bao; and translating legal documents into foreign languages and ethnic minority languages.
5. Spending contents and levels for the activities prescribed in this Article must comply with the Minister of Finance’s regulations.
Article 182. Estimation, management, use and finalization of funds for elaboration of legal documents and improvement of the legal system
1. Funds for the elaboration of legal documents and improvement of the legal system, including funds for making proposals for elaboration of laws and ordinances, shall be covered by the state budget and included in regular expenditure estimates of ministries, sectors or local specialized agencies.
Apart from these funds, the state budget shall allocate a separate fund for the drafting of laws and ordinances of the National Assembly and ordinances and resolutions of the National Assembly Standing Committee, including also approved law- and ordinance-making programs, to agencies and units in charge of drafting laws, ordinances and resolutions.
2. The estimation, management and allocation of funds for the work of elaboration of legal documents and improvement of the legal system must comply with the Law on the State Budget and relevant documents. Based on the allocated state budget estimates, the complexity of documents to be elaborated, and activities to improve the legal system, heads of agencies and units assigned to take charge of these activities shall decide to allocate funds as appropriate.
3. In case of allocation of package funds based on the results of elaboration of legal documents, such funds shall be finalized on the basis of: a competent authority’s decision approving the program or plan on elaboration of legal documents; legal documents promulgated according to the approved program or plan and assigned cost estimates; and a report to a competent authority for promulgation of legal documents according to the schedule set in the approved program or plan. Agencies and organizations in charge of drafting legal documents shall preserve dossiers and documents for the finalization of funds under the Minister of Finance’s guidance.
4. If, at the year-end, the task, of elaboration of legal documents and improvement of the legal system has not yet been fulfilled and is permitted by a competent agency to be further performed in the subsequent year, corresponding funds may be transferred to the subsequent year for use and finalization.
Chapter XI
IMPLEMENTATION PROVISIONS
Article 183. Responsibility to organize implementation of legal documents
The implementation of legal documents shall be organized in a timely and effective manner. For a law or an ordinance, the organization of its implementation must focus on:
1. Planning the organization of implementation of the legal document.
2. Organizing the implementation of policies and measures in the legal document.
3. Disseminating the legal document.
4. Promulgating documents (if any) detailing the implementation of the legal document.
5. Training in the legal document.
6. Receiving and processing reports and proposals of individuals and organizations.
7. Ensuring physical foundations, funds, organizational apparatus and human resources for the implementation of the legal document.
8. Monitoring, examining and urging the implementation of the legal document.
9. Making preliminary and final reviews of the implementation of the legal document.
10. Reporting on the organization of implementation of the legal document and proposed solutions to problems arising in such organization.
Article 184. Responsibilities of ministers, heads of ministerial-level agencies or People’s Committees to ensure conditions for elaboration of legal documents and improvement of the legal system
1. To observe the order and procedures for elaboration and promulgation of legal documents prescribed in the Law and this Decree.
2. To ensure conditions for the elaboration of legal documents in ministries, ministerial- level agencies or localities.
3. To organize training to improve capacity to make proposals for elaboration of legal documents; drafting skills and skills to assess impacts of policies and collect opinions on draft documents; and to assess the implementation of legal documents.
4. To provide information relating to sectors or fields under their management at the request of agencies in charge of drafting or agencies appraising and verifying legal documents.
5. To guide the elaboration and promulgation of legal documents and improvement of the legal system in ministries, ministerial-level agencies or localities.
6. The Ministry of Justice shall provide uniform professional guidance on the elaboration of legal documents and improvement of the legal system.
Article 185. Responsibilities of agencies and individuals in examination and handling of legal documents
1. Responsibilities of a minister or the head of a ministerial-level agency:
a/ To formulate, and organize the implementation of, plans on examination of documents falling within the examining competence of his/ her ministry or sector;
b/ To assume the prime responsibility for, and coordinate with the Ministry of Justice, the Government Office and related agencies in, examining and processing documents that contain provisions falling in the state management field of his/ her ministry or sector and are promulgated by ministries, ministerial-level agencies or provincial-level People’s Councils or People’s Committees;
c/ To organize training courses on examination and handling of documents for cadres and civil servants engaged in the examination of documents; to organize and manage document examination collaborators under the management of his/ her ministry or sector;
d/ To organize information networks, and update and manage the database serving the examination and handling of documents in his/ her ministry or ministerial-level agency;
dd/ To organize preliminary and final reviews of the examination and handling of documents of his/ her ministry or ministerial-level agency.
2. Responsibilities of the Minister of Justice:
a/ To assist the Government in performing the unified state management of the examination and handling of documents nationwide;
b/ To assume the prime responsibility for, and coordinate with the Government Office and related ministries, sectors and agencies in, organizing the implementation of plans on examination of documents falling within his/ her examining competence;
c/ To urge, direct and inspect the examination and handling of documents by ministries, ministerial-level agencies and local administrations;
d/ To guide and inspect the examination and handling of documents by legal organizations of ministries, ministerial-level agencies or government-attached agencies, provincial-level Justice Departments or district-level Justice Divisions;
dd/ To organize training courses on examination and handling of documents for cadres and civil servants engaged in the examination of documents; to organize and manage document examination collaborators;
e/ To organize information networks, and update and manage the database serving the examination of documents; to organize scientific research into examination and handling of documents;
g/ To organize preliminary and final reviews of the examination and handling of documents by the Ministry of Justice.
3. Responsibilities of a provincial- or district-level People’s Committee:
a/ To formulate, and organize the implementation of, plans on examination of documents in its locality;
b/ To urge, direct and inspect the examination of handling of documents in its locality;
c/ To coordinate with and create conditions for document-examining agencies to examine documents according to their competence;
d/ To organize training courses on examination of documents; to organize and manage document examination collaborators in its locality; to organize scientific research into examination of documents;
dd/ To organize information networks, and update and manage the database serving the examination of documents;
e/ To organize preliminary and final reviews of the examination and handling of documents in its locality.
The provincial-level Justice Department or district-level Justice Division shall assist its People’s Committee in performing the state management of examination and handling of documents as prescribed in this Clause.
Article 186. Responsibilities of agencies and individuals in review and systematization of legal documents
1. Responsibilities of a minister, the head of a ministerial-level agency, the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General:
a/ To urge and inspect the review and systematization of legal documents according to his/ her competence;
b/ To provide guidance and training to improve the skills of review and systematization of legal documents; to organize and manage document review and systematization collaborators;
c/ To organize information networks, and update and manage the database serving the review and systematization of legal documents;
d/ To organize preliminary and final reviews of the review and systematization of legal documents;
dd/ The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy or the State Auditor General shall provide information and results of the review and systematization of documents for the Ministry of Justice to assist the Government in summarizing such information and reports for submission to the National Assembly or the National Assembly Standing Committee.
2. Responsibilities of the Minister of Justice:
a/ To assist the Government in performing the unified state management of the review and systematization of legal documents;
b/ To urge, direct and inspect the review and systematization of legal documents by ministries, ministerial-level agencies and local administrations;
c/ To provide guidance and training to improve the skills of review and systematization of documents nationwide; to organize and manage document review and systematization collaborators;
d/ To organize information networks, and update and manage the database serving the review and systematization of legal documents;
dd/ To organize preliminary and final reviews of the review and systematization of legal documents.
3. Responsibilities of a People’s Committee:
a/ To assign the focal point in charge of, establish assignment and coordination mechanisms and provide conditions for, the review and systematization of legal documents;
b/ To urge and direct the review and systematization of legal documents in its locality;
c/ To provide guidance and training to improve the work of review and systematization of legal documents; to organize and manage document review and systematization collaborators;
d/ To organize information networks, and update and manage the database serving the review and systematization of legal documents;
dd/ To organize preliminary and final reviews of the review and systematization of legal documents in localities.
Article 187. Responsibilities of agencies in relation to Cong Bao
1. The Government Office shall assist the Government in performing the unified state management of Cong Bao activities and adopt policies on socialization of these activities, having the following responsibilities:
a/ To manage, publish and distribute Cong Bao of the Socialist Republic of Vietnam; and organize the printing Cong Bao through public bidding in accordance with the bidding law;
b/ To guide forms, format and techniques of presenting Cong Bao publications;
c/ To professionally guide and examine the publishing of documents in Cong Bao by the Offices of provincial-level People’s Committees;
d/ To organize preliminary and final reviews of the implementation of regulations on Cong Bao;
dd/ To maintain and manage the e-Cong Bao and integrate it on the Government Portal.
2. Responsibilities of a provincial-level People’s Committee:
To ensure the publishing of documents on provincial-level Cong Bao publications to meet the demands for legal information and serve state management activities in its locality; to decide on funds for publishing provincial-level Cong Bao publications on the basis of fund estimates approved by the provincial-level People’s Council; to set the sale price of provincial-level Cong Bao publications under pricing regulations of the Minister of Finance; to decide on free distribution of provincial-level Cong Bao publications; to examine the publishing and distribution of Cong Bao publications in its locality; to direct the management, use and exploitation of Cong Bao publications distributed free of charge in its locality.
Article 188. Transitional provisions
1. Legal documents which are promulgated before July 1, 2016, remain effective and have not yet been examined, reviewed or systematized, shall be examined, reviewed and systematized in accordance with the Law and this Decree.
2. The free distribution of Cong Bao publications of the Socialist Republic of Vietnam to communes, wards and townships in 2016 must still comply with Clause 2, Article 16 of the Government’s Decree No. 100/2010/ND-CP of September 28, 2010, on Cong Bao.
Article 189. Effect
1. This Decree takes effect on July 1, 2016.
2. The Government’s Decree No. 24/2009/ND-CP of March 5, 2009, detailing, and prescribing measures to implement, the Law on Promulgation of Legal Documents; Decree No. 91/ 2006/ ND-CP of September 6,20,06, detailing a number of articles of the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees; Decree No. 40/2010/ND-CP of April 12,2010, on examination and handling of legal documents; Decree No. 100/2010/ND-CP of September 28, 2010, on Cong Bao; and Decree No. 16/2013/ND-CP of February 6, 2013, on review and systematization of legal documents, cease to be effective on the effective date of this Decree.
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ON BEHALF OF THE GOVERNMENT |
(*) All appendices to this Decree are not translated.-
