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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 63/2013/ND-CP
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Ha Noi, day
27 month 06 year 2013
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DECREE
ON IMPLEMENTATION OF ORDINANCE ON CODIFICATION
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Ordinance on Codification of Laws
and Regulations dated April 16, 2012;
At proposal of the Minister of Justice,
The Government issues this Decree on
Implementation of the Ordinance on Codification of Laws and Regulations.
Chapter I
STRUCTURE OF THE CODE OF
LAWS AND REGULATIONS
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The Code of Laws and Regulations (hereafter
referred to as “the Code”) consists of 45 titles which are listed in Article 7
of the Ordinance on Codification (hereafter referred to as “the Ordinance”). In
case where one or more legal normative documents (hereafter commonly referred
to as “document”) govern one or more types of social relations that are not
codified in an existing Title of the Code, the Minister of Justice shall, at
its discretion or at request of a codification undertaking agency, propose the
Government to add an appropriate Title.
A Title so added shall be numbered and placed
following the last Title that already exists in the Code.
Article 2. Sub-Titles in the
Code
1. Sub-Title is a component part of a Title
which contains legal norms governing a certain type of social relations.
2. The name of a Sub-Title is the name of the
act that have the highest legal effect and that governs a type of social
relations of a Title.
3. Depending on the name of each Sub-Title, the
Sub-Titles in each Title shall be sequenced by the Vietnamese Alphabet and
shall be numbered by the Arabic numerals, starting from number 1. An added
Sub-Title shall be numbered and placed following the last Sub-Title that already
exists in the Title.
4. The structure of a Sub-Title shall be the
structure of the legal document whose name is used as the name of that
Sub-Title. Parts, chapters and sections may be added in accordance with the
provisions of article 12 of this Decree.
Article 3. Parts, Chapters
and Sections in the Code
1. Parts, chapters and sections are component
parts of the Sub-titles which contains the Articles of the Code.
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3. An added part, chapter and section shall be
numbered and placed following the part, chapter and section whose contents
relate most to the contents of the added parts, chapters and sections. The name
of an added part, chapter and section is a phrase reflecting the main contents
of that part, chapter and section.
Article 4. Articles in the
Code
1. Articles in the Code are components of the
parts or chapter or sections of the Code; the contents of each article in the
Code are contents of the corresponding article in the codified legal document.
2. Name of an Article in the Code is the name
the corresponding article in the legal document to be codified.
3. The number of an article in the code consists
of following:
a) The number of the Title;
b) The number of the Sub-Title;
c) Notation of the form of the legal document;
d) The number of the detailing legal document;
and
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4. Notation of the form of a legal document
shall be as following:
a) Law of the National Assembly is LQ;
b) Ordinance of the Standing Committee of the
National Assembly is PL;
c) Order of the State President is LC;
d) Decision is QD;
e) Decree of the Government is ND;
f) Resolution is NQ;
g) Inter-agency resolution is NL;
h) Directive is CT;
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k) Inter-agency circular is TL.
5. The sequent number of a detailing legal
document shall be numbered chronologically by Arabic numeral, starting from
number 1.
6. The number of an article in the Code shall
consist of the components stipulated in paragraph 2 of this Article and shall
be placed in the following sequence: the number of the Title; dot (.), the
number of the Sub-Title; dot (.), the notation of the form of the legal
document; dot (.), the sequent number of the detailing legal document, dot (.),
the number of the corresponding article in the codified legal document, dot
(.).
Article 5. Notes
1. Noting is making notes of the sequent number
of an article in the legal document to be codified, number, notation, name,
date of enactment, the enacting body and the effective date of the legal
document.
2. Notes provided for in paragraph 1 of this
article shall be made in the first article of each legal document to be
codified; all next articles shall be noted by their numbers and the numbers,
notations and effective dates of the legal documents to be codified. Where contents
of an article in the codified legal document are amended or supplemented, notes
shall be made about such changes and the number, notation and effective date of
the amending or supplementing legal document.
3. Notes shall be put in brackets at the line
following the line on the name of the article in the Code in italic with a size
smaller than the size the noted article.
Article 6. Indication in the
Code
1. Indication is defining those Sub-Titles,
parts, chapters, sections or articles in the Code whose contents are closely
related.
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3. Indications shall be put in brackets after
the indicated contents in italic with a size smaller than the size the
indicated contents.
4. Based on the results of the determination of
legal norms whose contents are related carried out by the codification
undertaking agencies under the provisions of Article 13 of this Decree, the
Ministry of Justice shall make indications in the Code.
Chapter II
CODIFICATION BY
SUB-TITLES
Article 7. Request for
making Sub-Titles
1. Pursuant to article 4 of the Ordinance, the
agency which has the competence to codify legal norms in the legal document of
highest legal effect regulating a certain type of social relations shall have
the responsibility to a request for making a Sub-Title and sent the request to
the Ministry of Justice. The request shall consist of following particulars:
a) Name of the Sub-Title;
b) List of legal documents to be put in the
Sub-Title, provided that these legal documents are enumerated according to
their legal effect; and
c) Suggestion of which Title in the Code the
Sub-Title shall be put in.
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a) Compile requests for making Sub-Titles and
invite comments from the bodies concerned about the list of Sub-Titles in each
Title; and
b) Submit to the Prime Minister for decision on the
list of Sub-Titles in each Title and assignment of bodies to codify these
Sub-Titles.
Article 8. Collection of
Legal Documents
1. The codification agencies shall collect the
following documents:
a) Documents that are the contents of the
Sub-title, including the document whose name is used as the name of the
Sub-Title and the documents guiding that document;
b) Documents whose contents relate to the legal
documents referred to in sub-paragraph a of this paragraph.
2. Legal documents referred to in
paragraph 1 of this article shall be collected in following priority sequence:
the original copies, documents published in the Official Gazette, certified
true copies, copies from the original made by the competent agencies or
persons, consolidated, reviewed, or systematized documents published by the
competent agencies.
3. Source of each legal document referred to in
paragraph 1 and 2 of this Article shall be specified in the list of documents
collected.
Article 9. Contents not to
be codified
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2. Official name of Vietnam, legal bases for
enacting the legal document, preamble, part of the rights, title, name and
signature of the competent person,, seal of agency or unit, recipients of the
legal document.
Article 10. Dealing with
Conflicting, Overlapping or Impractical Legal Documents
1. Where legal norms in a legal document issued
by a codification undertaking agency or in an inter-agency legal document
drafted by it are found to be conflicting, overlapping or impractical, the
agency shall deal with those legal norms in accordance with the provisions of
the laws and regulations on promulgation of legal normative documents before
putting them into the Sub-Title.
2. Where legal norms in a legal document other
than that referred to in paragraph 1 of this article are found to be
conflicting, overlapping or impractical, the codification undertaking agency
shall codify those legal norms and shall at the same time request the competent
agency to deal with them in accordance with the provisions of the laws and
regulations on promulgation of legal normative documents.
Article 11. Codification of
Legal Norms to Create a Sub-Title
The codification undertaking agencies shall
codify legal norms in legal documents according to the hierarchy of their legal
effect and following procedures:
1. For legal norms in the legal document whose
name is used as the name of the Sub-Title:
a) To deal with or request the competent agency
to deal with the legal document in accordance with the provisions of article 10
of this Decree;
b) To set aside the contents not to be codified
as provided for in article 9 of this Decree; and
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2. For a guiding legal document:
a) To deal with or request the competent agency
to deal with the legal document in accordance with the provisions of article 10
of this Decree;
b) To put articles in the guiding legal document
after the guided articles of the legal document of higher legal effect;
c) Where a number of articles in a legal
document set forth guidance for the implementation of an article in the legal
document of higher legal effect, those articles shall be put after the guided
article according to the sequent number of that article in the guiding legal
document;
d) Where an article in the guiding legal
document sets forth guidance for the implementation of a number of articles in
the legal document of higher legal effect, that article shall be put after the
first guided article and references shall be made for the following articles;
e) Where a number of articles in several legal
documents sets forth guidance for the implementation of an article in the legal
document of higher legal effect, those articles shall be put after the guided
articles according to the hierarchy of their legal effect or chronologically if
they are of the same form;
f) Where an article in the guiding legal
document does not set forth guidance for the implementation of any specific
article in another legal document, that article shall be put after the article
which has the most related contents in the other legal document.
g) The provisions on implementation and entry
into force of a guiding document shall be put after the provisions on implementation
and entry into force of the legal document whose name is used as the name of
the Sub-Title according to the hierarchy of their legal effect or
chronologically if they are of the same form.
3. The transitional provisions shall be put
after the provisions to which the transitional provisions are applied. Where a
transitional provision is applied to several articles, that transitional
article shall be put after the first article to which the transitional is
applied and references shall be made for the remaining articles.
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5. Name and number of an article and notes and definition
of legal norms whose contents relate to each other shall be according to the
provisions of articles 4, 5 and 13 of this Decree.
6. The Ministry of Justice shall provide
guidance for codification of legal documents that are not structured by articles
and in other cases.
Aticle 12. Addition of
Parts, Chapters and Sections
In case where the articles of a guiding legal
document cannot be placed according to the provisions of article 11 of this
Decree, depending on each case, they may be put in an additional part, chapter
or section.
An additional part, chapter and section shall be
put after the most related part, chapter or section.
Article 13. Determination
of Legal norms whose Contents Relate to Each Other
1. Where the contents of a part, chapter, section
or article of a legal document to be codified relate to the contents of a part,
chapter, section or article of another legal document, the codification
undertaking agency shall specify the sequent number and name of that part,
chapter, section or article and number, notation, name and issuance date of the
other legal document in italic in bracket at the end of the part, chapter,
section or article of the legal document to codified.
2. Where the contents of a part, chapter,
section or article of a legal document to be codified relate to the contents of
a part, chapter, section or article of a Sub-Title, which already exist in the
Code, the codification undertaking agency shall specify the sequent number and
name of that part, chapter, section or article of the Sub-Title in italic in
bracket at the end of the part, chapter, section or article of the codified
legal document.
Article 14. Request for
Review; Authentication of Results of Codification of Sub-Titles
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a) A written request to review the results of
codification of the Sub-Title of that agency;
b) The results of codification of a Sub-Title
signed by a leader and with a seal of that agency; and
c) The legal documents used for codifying the
Sub-Title accompanied by the list of that legal document.
2. Where a legal document is issued between the
time of submission of the codification results and the time of conclusions by
the Review Board, the codification undertaking agency shall add the results of
codification of such legal document and send an additional dossier to the
Ministry of Justice.
3. The codification undertaking agency shall, at
request of the Ministry of Justice, have the responsibility to explain and
clarify unconsenting matters and difficulties faced during the codification of
a Sub-Title before the review of the codification results takes place.
4. The codification undertaking agency shall
have the responsibility to study the conclusions made by the Review Board in
order to correct the codification results.
5. The leader of the codification undertaking
agency shall sign for authentication of and close seal on the last page of the
document of corrected codification results and send the document to the
Ministry of Justice within the time limit stipulated in paragraph 1 and 2 of
article 11 of the Ordinance.
Article 15. Check of
Results of Sub-Title’s Codification
1. On the basis of the conclusions made by the
Review Board, the Ministry of Justice shall have the responsibility to check
the correction of the results of codification of the Sub-Title concerned.
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Within five working days of receipt of the
request from the Ministry of Justice, the codification undertaking agency shall
correct the Sub-Title, sign for authentication of the contents corrected and
sent the Sub-Title so corrected to the Ministry of Justice.
Chapter III
UPDATING NEW LEGAL NORMS
AND SUB-TITLES INTO THE CODE
Article 16. Determination
of a New Legal Norm
A new legal norm by meaning of paragraph 1 of
article 13 of the Ordinance is a legal norm that is enacted after the date on
which the Review Board makes conclusions on the results of codification of the
Sub-Title concerned.
Article 17. Codification of
New Legal Norms
A new legal norm shall be codified according to
the following provisions:
1. Where a new legal document makes an amendment
of or supplement to the contents of an article in the already codified legal
document, the codification undertaking agency shall define the location of the
amended or supplemented article in the Code and its contents; the location of
the new article in the Code and its contents and then to number, make notation
of and to name the new article and put it in the defined place in the Code;
after that to make notes of and define related legal norms according to the
provisions of articles 4, 5, 11, 12 and 13 of this Decree.
2. Where a new article is added to an already
codified legal document by a newly issued legal document, the codification
undertaking agency shall define the location of the new article in the Code and
its contents; and then to number, make notation of and to name the newly issued
article and put it in the defined place in the Code; after that to make notes
of and define related legal norms according to the provisions of articles 4, 5,
11, 12 and 13 of this Decree.
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4. Where the legal document whose name is used
as the name of a Sub-Title is replaced by a new legal document, the
codification undertaking agency shall define the Sub-Title containing the legal
document so replaced and modify that Sub-Title according to the provisions of
articles 11, 12 and 13 of this Decree.
5. Where an already codified guiding legal
document is replaced by a new legal document, the codification undertaking
agency shall define the location of the legal document so replaced in the Code
and its contents, as well as the location of the new legal norms in the Code,
and then to number and name the relevant article in the Code and define related
legal norms according to the provisions of articles 4, 5, 11, 12 and 13 of
this Decree.
6. Where the legal document whose name is used
as the name of a Sub-Title is repealed by a new legal document, the
codification undertaking agency shall define the Sub-Title concerned in the
Code and request the Ministry of Justice delete that Sub-Title.
7. Newly enacted legal norms shall be codified
according to the guidelines issued by the Ministry of Justice.
Article 18. Request for
Updating Results of Codification of Newly Enacted Legal Norms
1. Not later than 20 days prior to the date on
which a newly enacted legal norm takes effect for the cases stipulated in
paragraphs 1, 2, 3, 5 and 6 of article 17 of this Decree, the codification
undertaking agency shall sent to the Ministry of Justice a written request
together with an electronic file for updating the results of codification of
the newly enacted legal norms. The request shall consist of:
a) An official letter requesting for updating
the results of codification of the newly enacted legal norms; and
b) A document containing the results of
codification of the newly enacted legal norms with the signature of the leader
of the codification undertaking agency and seal of that agency; and
c) The legal document containing the newly
enacted legal norm.
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a) Not later than 60 days prior to the date on
which the newly enacted legal norm in a legal document passed by the National
Assembly or its Standing Committee takes effect; or
b) Not later than 35 days prior to the date on
which the legal document other than the legal document stipulated in
sub-paragraph of this paragraph takes effect.
Article 19. Check and
Update Results of Codification of Newly Enacted Legal Norms
1. The Ministry of Justice shall check the
adequacy and accuracy of the codification of a newly enacted legal norm for the
cases stipulated in paragraph 1 of article 18 of this Decree. If the Ministry
of Justice has found that the codification of the newly enacted legal norm is
inadequate or inaccurate, it shall request the codification undertaking agency
to correct the results of codification of that legal norm.
The codification undertaking agency shall have
the responsibility to correct the results of codification at request of the
Ministry of Justice and shall send the corrected results to the Ministry of
Justice within 5 working days of receipt of the request.
2. For the case stipulated in paragraph 2 of
article 18 of this Decree, the Ministry of Justice shall check and make a
request according to the provisions of article 15 of this Decree.
3. The Ministry of Justice shall update the
results of codification of newly enacted legal norms into the Code at the time
when that legal norm takes effect and shall delete those legal norms that have
ceased to be effective in the Code.
Article 20. Request for
Making New Sub-Titles and Assignment of Agencies to Make New Sub-Titles
1. Where a new legal norm is enacted as
stipulated to paragraph 2 of article 13 of the Ordinance, the codification
undertaking agency shall, within 5 working days from the date when the new
legal document is enacted, have the responsibility to send to the Ministry of
Justice a request for making a new Sub-Title. The request shall be made in
accordance with paragraph 1 of article 7 of this Decree.
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Article 21. Codification,
Review and Update of New Sub-Titles
1. The agency assigned under the decision of the
Prime Minister shall codify the new Sub-Title in accordance with the provisions
of articles 8, 11, 12, 13 and 14 of this Decree.
2. The certification by signature and request
for review of the results of codification a new Sub-Title shall be made
according to paragraph 2 of article 18 of this Decree.
3. The results of codification a new Sub-Title
shall be checked and updated in accordance with the provisions of article 15
and paragraph 3 of article 19 of this Decree.
Chapter IV
FINAL PROVISIONS
Article 22. Entry into
Force
This Decree shall enter into force on August
15th, 2013.
Article 23. Responsibility
for Implementation
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2. The codification undertaking agencies listed
in article 4 of the Ordinance shall codify the Sub-Titles under their charge in
accordance with the provisions of this Decree. During the process of codifying
legal norms, the codification undertaking agencies may employ collaborators who
are specialists and scientists having deep knowledge of codification. Remuneration
and allowances to collaborators shall be paid according to the provisions of
law./.
THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung