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THE
NATIONAL ASSEMBLY STANDING COMMITTEE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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Ordinance
No.01/2012/UBTVQH13
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Hanoi, March 22, 2012
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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/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
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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.
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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.
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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:
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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.
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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;
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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
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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.
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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.
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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.
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