Pháp lệnh 01/2012/UBTVQH13

ORDINANCE

ON THE CONSOLIDATION OF LEGAL DOCUMENTS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;

Pursuant to Article 92 of the Law on promulgation of legal document No.17/2008/QH12;

The National Assembly Standing Committee promulgates the Ordinance on Consolidation of Legal documents.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Ordinance stipulates on consolidation of legal documents (hereinafter refer to as documents) being promulgated by central state agencies, competence and duty of agencies in consolidation of documents, order, technique of consolidation of documents aiming to contribute in ensuring for the legal system be simple, clear, easy to use, increasing effectiveness of legal execution.

Article 2. Interpretation of terms

In this Ordinance, the below terms are construed as follows:

1. Consolidation of documents means bring the amending and supplementing content in document that amends and supplements a number of articles of a previous promulgated document (hereinafter refer to as the amending and supplementing document) into the amended and supplemented document in according to process, technique specified in this ordinance.

2. Consolidated document means the amending and supplementing document and the amended and supplemented document.

3. Consolidating document means document being formed after consolidating the amending and supplementing document and the amended and supplemented document.

4. Signing for verification of consolidating document means signature of competent persons to verify accuracy on consolidating content and technique of consolidating document.

Article 3. Principle of consolidation of documents

1. Consolidation of documents is implemented for only documents promulgated by the same state agency having authority of promulgation.

2. Consolidation of documents is not change content and effect of consolidated document.

3. Obeying order, technique of consolidation of documents.

Article 4. Use of consolidation of documents

Consolidating document is used officially in legal application and execution.

Chapter 2.

COMPETENCE AND ORGANIZATION OF CONSOLIDATION OF DOCUMENTS

Article 5. Competence and time limit of consolidation of documents of National Assembly, The National Assembly Standing Committee, joint documents of the Standing Committee of the National Assembly and the central offices of socio-political organizations

1. The Chairman of the Office of National Assembly organizes consolidation and signing for verification of consolidating document for documents of National Assembly, The National Assembly Standing Committee, joint documents of the Standing Committee of the National Assembly and the central offices of socio-political organizations.

2. Within 05 working days, from day of promulgating the amending and supplementing document, the Chairman of the Office of National Assembly must complete consolidation of documents and sign for verification of consolidating document.

Article 6. Competence and time limit of consolidation of documents of the President, the Government, the Prime Minister, joint documents of the Government and the central offices of socio-political organizations

1. The head of agency presiding over drafting the amended and supplemented document of the President, the Government, and the Prime Minister shall organize implementation of consolidation and signing for verification of consolidating document for documents of the President, the Government, and the Prime Minister, joint documents of the Government and the central offices of socio-political organizations.

2. Within 02 working days, from the day of promulgating, the amending and supplementing document of the President, the Government, the Prime Minister, document amending and supplementing joint documents of the Government and the central offices of socio-political organizations shall be sent to agency presiding over drafting the amended and supplemented document to implement consolidation of documents.

3. Within 05 working days, from day of receiving documents as prescribed at clause 2 of this Article, the head of agency presiding over drafting the amended and supplemented document must complete consolidation of documents and sign for verification of consolidating document.

Article 7. Competence and time limit of consolidation of documents of other agencies of the State

1. The Chief Justice of the Supreme Peoples Court organizes consolidation of documents and signing of verification of consolidating document for documents being promulgated by him/her, document of the Justices Council of the Supreme Peoples Court, joint documents being presided over drafting by his/her agency.

2. The President of the Supreme Peoples Procuracy organizes consolidation of documents and signing of verification of consolidating document for documents being promulgated by him/her, joint documents being presided over drafting by his/her agency.

3. The Ministers, Heads of ministerial-level agencies organize consolidation of documents and signing of verification of consolidating document for documents being promulgated by them, joint documents being presided over drafting by their agencies.

4. The State Auditor General organizes consolidation of documents and signing of verification of consolidating document for documents being promulgated by him/her.

5. Within 05 working days, from day of signing for promulgation of documents, competent persons specified in clauses 1, 2, 3 and 4 of this Article must complete consolidation of documents and sign for verification of consolidating document.

Article 8. Publishing consolidating document in the Official Gazette and on websites

1. Publishing the consolidating document on official websites of state agencies is implemented as follows:

a) Consolidating documents specified in clause 1, Article 5 of this Ordinance are published on website of National Assembly;

b) Consolidating documents being documents of the Government, the Prime Minister, joint documents of the Government and the central offices of socio-political organizations are published on website of the Government. Agency implementing consolidation shall send the consolidating document to Office of Government within 02 working days, from the day of signing for certification, to publish it on website of Government;

c) Consolidating document for documents specified in clauses 1, 2, 3 and 4, Article 7 of this Ordinance is published on website of agency implement consolidation of documents.

2. Consolidating document must be published at the same time with the amending and supplementing document and on the same number of Official Gazette

Agency implements consolidation shall send consolidating document to the Official Gazette agency to publish it in Official Gazette.

3. Consolidating documents publishing on the electronic Official Gazette, websites of agencies specified in clause 1 of this Article may free use.

Article 9. Handling mistakes in consolidating documents

1. If there are mistakes on technique leading to content of consolidating document different to content of consolidated document, provisions of consolidated document shall apply.

2. Agencies, organizations, individuals detect mistakes in consolidating documents may send proposal to agency implementing the consolidation to handle timely; if fail to define agency implementing consolidation, may send proposal to the Ministry of Justice to inform timely to agency having responsibility for handling such mistakes.

3. Within 05 working days, from the day of receiving proposal, agency implement the consolidation shall coordinate with Official Gazette agency to handle mistake in consolidating document and implement correction on the Official Gazette as prescribed by law on Official Gazette.

Consolidating documents being handled mistakes must be published on the electronic Official Gazette, websites of agencies specified in clause 1, Article 8 of this Ordinance.

Article 10. Responsibility of state agencies in consolidation of documents

1. The responsibility of agency implementing consolidation of documents:

a) Presiding over, coordinating with relevant agencies in consolidation of documents;

b) Ensuring necessary conditions to implement consolidation of documents;

c) Ensuring accuracy on consolidation content and technique of consolidating documents;

d) Handling mistakes in consolidating documents.

2. The responsibility of the Ministry of Justice:

a) Guiding technique of consolidation of documents; retraining skill of consolidation of documents;

b) Overseeing, expediting consolidation of documents;

c) Proposing to agency implementing consolidation of documents to handle mistakes in consolidating document .

Chapter 3.

TECHNIQUE OF CONSOLIDATION OF DOCUMENTS

Article. 11. The presentation formats and techniques of consolidating document

1. The presentation formats of consolidating document includes official name of the country, document title, name of consolidating document, foreword, grounds for promulgation, parts, chapters, sections, articles, clauses, points of supplemented and amended document and consolidated contents in according to technique specified in this Chapter, part stipulating on execution, part on signature for certification.

2. Presentation technique of consolidating document is implemented as prescribed in this Ordinance and other provisions of relevant law.

Article 12. Name of consolidating document

1. Name of consolidating document is name of the amended and supplemented document.

2. Name of the amended and supplemented documentof and name of the amending and supplementing document are listed right after the name of consolidating document. Attaching to name of the amended and supplemented document and name of the amending and supplementing document, number, code, date, month, and year of promulgation or pass, name of promulgating agency and effect day of each document must be stated clearly.

Article 13. Consolidation of foreword, grounds for promulgation

1. If the supplemented and amended document has foreword being supplemented and amended, annulled, the consolidation of foreword shall be implemented as prescribed in Article 14, 15 and 16 of this Ordinance.

2. In consolidating document, annotation sign must be at the part of grounds for promulgation and at the end part of page of consolidating document must make note of name, number, code of the amending and supplementing document and grounds for promulgation thereof.

Article 14. Consolidation of amended content

1. The supplemented and amended document has parts, chapters, sections, articles, clauses, points, paragraphs, phrases being amended, the order number of parts, chapters, sections, articles, clauses, points in the consolidating document still be kept unchanged as like as the supplemented and amended document.

2. In the consolidating document, it must have annotation sign at the parts, chapters, sections, articles, clauses, points, paragraphs, phrases being amended.

3. At the end of page of consolidating document, name, number, code of the amended and supplemented document and effect day of provision amending parts, chapters, sections, articles, clauses, points, paragraphs, phrases.

Article 15. Consolidation of supplemented content

1. The supplemented and amended document has parts, chapters, sections, articles, clauses, points, paragraphs, phrases being supplemented, the order number of parts, chapters, sections, articles, clauses, points in the consolidating document still be kept unchanged as like as the supplemented and amended document.

2. Arrangement of parts, chapters, sections, articles, clauses, points, paragraphs, phrases being supplemented in consolidating document shall be implemented under orders specified in the amending and supplementing document.

3. In the consolidating document, it must have annotation sign at the parts, chapters, sections, articles, clauses, points, paragraphs, phrases being supplemented.

4. At the end of page of consolidating document, name, number, code of the amending and supplementing document and effect day of provision supplementing parts, chapters, sections, articles, clauses, points, paragraphs, phrases.

Article 16. Consolidation of annulled content

1. The amended and supplemented document has parts, chapters, sections, articles, clauses, points, paragraphs, phrases being annulled, then in the consolidating document shall not express the annulled content. The order number of parts, chapters, sections, articles, clauses, points in the consolidating document shall still be kept unchanged as like as the supplemented and amended document.

2. In consolidating document has parts, chapters, sections, articles, clauses, points, paragraphs, phrases being annulled, it must have annotation sign and write clearly the phrase "annulled" right after the order number of such parts, chapters, sections, articles, clauses, points; if there is annulled paragraph or pharase, it must have annotation sign right at position of such paragraph or pharase.

3. At the end of page of consolidating document, name, number, code of the amending and supplementing document and effect day of provision annulling parts, chapters, sections, articles, clauses, points, paragraphs, phrases.

Article 17. Expressing provision on execution of consolidating document

1. If the amending and supplementing document has a provision stipulating on the effect, responsibility for execution, responsibility of agencies, organizations in detailing, guiding implementation, transitional provision, in the consolidating document, it must have annotation sign at the name of chapter or provision stipulating on execution and at the end of page of the consolidating document must note clearly name, number, code of the amending and supplementing document, effect day and content on execution in the amending and supplementing document. If the supplemented and amended document has no chapter or provision on execution, these content shall be expressed at the part stipulating on execution at the end of consolidating document, attached to name, number, code of the amending and supplementing document.

2. If agency promulgating consolidated document has promulgated a document stipulating on execution of the consolidated document, in the consolidating document, it must have annotation sign at the name of chapter or provision stipulating on execution and at the eng od page of consolidating document must note clearly name, number, code, date, month, year of pass or promulgation of the document stipulating on execution. If the amended and supplemented document has no chapter, provision on execution, the consolidating document must have annotation note at the part stipulating on execution and at the end of page of consolidating document must note clearly name, number, code, date, month, year of pass or promulgation of the document stipulating on execution.

Article. 18. The presentation form of consolidating document

The presentation of name of the consolidating document, foreword, grounds of promulgation, the amended, supplemented or annulled content, part stipulating on execution and part of signing for verification in the consolidating document are implemented in according to form specified in Annex promulgated together with this Ordinance.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 19. Consolidation of documents having been promulgated before this Ordinance come into effect

1. Within 02 years, since this Ordinance come into effect, documents have been promulgated before effect day of this Ordinance must be consolidated and published on the electronic Official Gazette and websites of agencies specified in clause 1, Article 8 of this Ordinance.

2. The Government, the Supreme People’s Court, the Supreme People’s Procuracy, the office of National Assembly, the State Audit shall make plan and esnsure fund for consolidation of documents specified in clause 1 of this Article.

Article 20. Effects

1. This Ordinance takes effect from July 01, 2012.

2. Chapter VIII of Regulation on presentation technique of draft of legal document of the National Assembly, the National Assembly Standing Committee promulgated together with the Resolution No.1139/2007/UBTVQH11, of July 03, 2007 of the National Assembly Standing Committee cease to be effective on the effective date of this Ordinance.