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GOVERNMENTOF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 79/2025/ND-CP
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Hanoi, April
01,2025
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DECREE
REGARDING EXAMINATION, REVIEW, SYSTEMATIZATION, AND HANDLING
OF LEGISLATIVE DOCUMENTS
Pursuant to the Law on
Organization of the Government dated February 18, 2025;
Pursuant to the Law on
Promulgation of Legislative Documents dated February 19, 2025;
At the request of the
Minister of Justice;
The Government promulgates a
Decree on examination, review, systematization, and handling of legislative
documents.
Chapter I
GENERAL PROVISIONS
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This Decree elaborates Articles
63 and 64 and measures to organize and provide guidance on the implementation
of the Law on Promulgation of Legislative Documents (hereinafter referred to as
the Law) in terms of examination, review, systematization, and handling of
legislative documents.
Article 2.
Definitions
For the purposes of this
Decree, the following terms shall be construed as follows:
1. "Examination
of a legislative document within competence" means the examination
conducted a competent authority/person with regard to a legislative document
under its/his/her respective examination competence.
2. "Internal
examination of a legislative document" means the process by which an
authority/person that has promulgated documents, on its own, examine a
legislative document which it promulgates or jointly promulgates.
3. "legislative
document examining authority" (hereinafter referred to as "examining
authority") means the one assisting authorities/persons competent to
examine legislative documents specified in clauses 1, 2, 3, 4 and 5, Article
14, clause 1, Article 15 and clause 2, Article 60 hereof, including: The
Department of Legislative Document Examination and Management of Handling of
Administrative Violations under the Ministry of Justice, Legal Departments
under Ministries, Ministerial agencies, Justice Departments and Justice
Divisions.
4. "Systematization
of legislative documents" means the gathering and arrangement of reviewed
legislative documents according to the criteria specified in Article 52 hereof.
5. "Overall
review of system of legislative documents" means the consideration and
assessment of the entire system of legislative documents of Vietnam in a
certain period.
Chapter
II
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Section 1.
General provisions on examination and handling of documents
Article 3.
Rules for examination and handling of documents
1. Ensure
comprehensiveness, objectivity, publicity and transparency; intra vires;
combination of examination by competent authorities/persons with internal
examination by authorities/persons promulgating documents (hereinafter referred
to as "promulgating authority/person"); effective cooperation among
relevant agencies.
2. Prevent
any abuse of examination and handling of documents for personal gain,
obstruction of authorities/persons competent to promulgate documents and
unlawful interference during handling of documents.
3. Ensure
that no agency or individual obstructs authorities/persons competent to examine
documents and examining authorities during document examination.
4. Promptly
conduct examination in case there are legal bases for examination of documents,
and timely handle unlawful documents.
5. Ensure
compliance with laws on state secrets during examination and handling of
documents containing classified information.
6. Consider
and handle violations that arise during examination and handling of documents,
depending on the nature and seriousness of such violations.
Article 4.
Documents subject to examination
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2. Documents
which are suspected to contain legal norms but are not promulgated in
accordance with regulations on competence, form, sequence and procedures. To be
specific:
a) Documents of the Standing Committee
of the National Assembly, the President, the Presidium of the Central Committee
of the Vietnam Fatherland Front, the Council of Judges of the Supreme People's
Court, the Chief Justice of the Supreme People's Court, the Procurator General
of the Supreme People's Procuracy and the State Auditor General; the
Government, the Prime Minister; Ministers, Directors of ministerial agencies,
provincial-level and district-level local governments within special
administrative-economic units;
b) Documents of Governmental
agencies; Standing Committees of the People's Councils, Chairpersons of the
People's Councils, Chairpersons of People's Committees at all levels;
Chairpersons of People's Councils, Chairpersons of People's Committees within
special administrative-economic units; organizations under and affiliated to
Ministries, ministerial agencies and Governmental agencies; specialized
agencies under People's Committees of provinces and districts, special
administrative-economic units (or equivalent units); commune-level local
governments.
3. Documents
providing for guidelines on application of legislative documents of competent
authorities/persons specified in clause 1, Article 61 of the Law.
Article 5.
Matters concerning documents to be examined
1. Competence
to promulgate documents
2. Content
and legal form of documents
3. Sequence
and procedures for formulating and promulgating documents
4. Bases
for promulgation, format, techniques for presentation
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Legal bases for identification
of unlawful documents, documents with errors regarding bases for promulgation,
format, techniques for presentation
1. A
legislative document shall be unlawful if:
a) It is promulgated by a
superior authority;
b) It is effective at the time
the examined document is promulgated, or it has not been effective at that time
but has been already ratified or signed for promulgation and will come into
force before or on the effective date of the examined document.
2. A
legislative document is identified to have errors regarding bases for
promulgation, format, techniques for presentation on the basis of legislative
documents promulgated by competent authorities/persons, prescribing these
matters, and satisfying the requirements specified at point b, clause 1 of this
Article.
Article 7.
Documents subject to handling
1. Unlawful
documents:
a) Legislative documents
promulgated ultra vires;
b) Legislative documents whose
content is inconsistent with the Constitution or legislative documents that are
promulgated by superior authorities;
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d) Legislative documents that
not comply with laws on identification of classified information or its
confidentiality levels in legislative documents containing classified
information.
dd) Legislative documents
promulgated in contravention of the sequence and procedures for formulation and
promulgation of legislative documents in accordance with law in one of the
following cases: failure to seek opinions on draft dossiers; failure to
appraise and verify draft legislative documents; promulgation of legislative
documents under simplified sequence and procedures or in special cases without
the consent or direction of competent authorities/persons; unlawful
ratification of legislative documents.
e) Documents specified clause
2, Article 4 hereof which contain legal norms but are not promulgated in
accordance with regulations on competence, form, sequence and procedures.
Documents providing for
guidelines on application of legislative documents promulgated in contravention
of Article 61 of the Law.
2. Documents
with errors regarding bases for promulgation, format and techniques for
presentation
Article 8.
Receiving and handling recommendations and feedback on suspected unlawful
documents from agencies, organizations, or individuals
1. Agencies,
organizations, or individuals that detect suspected unlawful documents as
specified in Article 4 hereof shall make recommendations and feedback to
authorities/persons that have promulgated these documents or
authorities/persons competent in/responsible for examining these documents as
prescribed in this Decree for examination.
2. Agencies,
organizations, or individuals that detect suspected unlawful documents as
specified in Article 4 hereof during formulation and implementation of
legislative documents shall comply with the regulations of clause 1 of this
Article.
3. Agencies,
organizations, or individuals receiving recommendations and feedback shall
examine documents or forward such recommendations and feedback to
authorities/persons competent in/responsible for examining documents, and at
the same time, notify the agencies, organizations, or individuals making
recommendations and feedback of the document examination results or forwarding
in accordance with law.
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Article 9.
Internal examination of documents which the Standing Committee of the National
Assembly, the President, the Presidium of the Central Committee of the Vietnam
Fatherland Front, the Council of Judges of the Supreme People's Court, the
Chief Justice of the Supreme People's Court, the Procurator General of the
Supreme People's Procuracy and the State Auditor General promulgate or jointly
promulgate
The Standing Committee of the
National Assembly, the President, the Presidium of the Central Committee of the
Vietnam Fatherland Front, the Council of Judges of the Supreme People's Court,
the Chief Justice of the Supreme People's Court, the Procurator General of the
Supreme People's Procuracy and the State Auditor General shall prescribe
sequence and procedures for internal examination and assign agencies/units to
assist them in internally examining legislative documents which they promulgate
or jointly promulgate specified point a, clauses 2 and 3, Article 4 hereof.
Article
10. Responsibilities for assisting the Government and the Prime Minister in
internally examining documents
1. Ministers
and Directors of ministerial agencies shall assist the Government and the Prime
Minister in internally examining legislative documents which their ministries
or agencies preside over drafting and submit them for promulgation or joint
promulgation by the Government, the Prime Minister; documents providing for
guidelines on application of legislative documents of the Government and the
Prime Minister on sectors/fields under the management of their respective
ministries or agencies.
2. The
Minister of Justice shall fulfill the responsibilities specified in clause 1 of
this Article and assist the Government and the Prime Minister in internally
examining documents that do not contain classified information. To be specific:
a) Documents specified in
clause 1 of this Article when required or directed by the Government, the Prime
Minister, or when these documents have already been internally examined by
other ministers or heads of ministerial agencies, but recommendations and
feedback are still sent to the Ministry of Justice;
b) Documents of the Government,
the Prime Minister as prescribed in Point a, Clause 2, Article 4 hereof.
3. The Minister-Chairman
of Government Office shall fulfill the responsibilities specified in clause 1
of this Article and assist the Government and the Prime Minister in internally
examining documents which the Ministry of Justice preside over drafting and submit
them for promulgation or joint promulgation as specified at points a and b,
clause 2 of this Article.
4. The
Minister of Public Security shall fulfill the responsibilities specified in
clause 1 of this Article and assist the Government and the Prime Minister in
internally examining documents specified in points a and b, clause 2 of this
Article and containing classified information, except for the cases specified
in clause 5 of this Article.
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6. Ministers
and Directors of ministerial agencies shall assign organizations under or
affiliated to Ministries, ministerial agencies to assist them in internally
examining documents specified in clauses 1, 2, 3, 4, and 5 of this Article.
Legal Departments of
Ministries, ministerial agencies shall act as liaison to assist Ministers and
Directors of ministerial agencies in consolidating, monitoring, and urging
internal examination of documents as prescribed in clauses 1, 3, 4, and 5 of
this Article. The Department of Document Examination and Management of Handling
of Administrative Violations under the Ministry of Justice shall act as liaison
to assist the Minister of Justice in consolidating, monitoring, and urging
internal examination of documents as prescribed in clause 2 of this Article.
Article
11. Responsibilities for assisting Ministers and Directors of ministerial
agencies, local governments at all levels, local governments within special
administrative-economic units in internally examining documents
1. Responsibilities
for assisting Ministers and Directors of ministerial agencies in internally
examining legislative documents:
a) Ministers and Directors of
ministerial agencies shall assign organizations under or affiliated to
Ministries, ministerial agencies to assist them in internally examining
documents;
b) Legal Departments of
Ministries, ministerial agencies shall act as liaison to assist Ministers and
Directors of ministerial agencies in consolidating, monitoring, and urging
internal examination of documents which Ministries, ministerial agencies
promulgate or jointly promulgate;
c) The Department of Document
Examination and Management of Handling of Administrative Violations under the
Ministry of Justice shall act as liaison to assist the Minister of Justice in
consolidating, monitoring, and urging internal examination of documents which
the Minister of Justice promulgate or jointly promulgate.
2. Responsibilities
for assisting local governments at all levels, local governments within special
administrative-economic units in internally examining legislative documents
a) People’s Committees shall
assign responsible agencies or individuals to assist them in internally
examining documents.
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b) Legal Departments of
People’s Councils shall assist People’s Councils in internally examining their
documents.
Article
12. Sequence and procedures for examination of documents
1. An
agencies or units assigned to internally examine legislative documents shall
examine matters concerning these documents as specified in Article 5 hereof.
Where necessary, these agencies or units may hold meetings for discussion or
seek opinions from relevant agencies, units, organizations, or experts on
examined documents.
With regard to internal
examination of documents of the Government, the Prime Minister as prescribed in
clauses 2, 3, 4, and 5 Article 10 hereof, Ministers or Directors of ministerial
agencies shall request other relevant Ministers or Directors of ministerial
agencies to provide documentation on internal examination of documents,
information, and relevant materials to serve their internal examination.
2. From
the date on which documents specified in point a, Clause 2, Article 63 of the
Law are ratified or signed, these documents shall be internally examined within
45 days for those of the Government, the Prime Minister, Ministers, or
Directors of ministerial agencies; 10 days for those promulgated by local
governments; 05 working days for those promulgated under simplified sequence
and procedures or in special cases.
Documents
specified in clauses 2 and 3 Article 4 hereof shall be internally examined
based on bases specified in points b and c, clause 3, Article 63 of the Law.
3. Reports
on internal examination results shall be sent to heads of agencies or units
assigned to internally examine as prescribed in clause 1 of this Article. In
case a document is internally examined based on
bases specified in point c, clause 3, Article 63 of the Law, a report on
internal examination results shall also be sent to the authority/person that
has promulgated such document and the competent authority/person that has
requested or directed the examination.
4.
With regard to unlawful
documents, in addition to entities specified in clause 3 of this Article,
reports on internal examination results shall be sent to authorities/persons
that have promulgated these documents for consideration and handling in
accordance with Article 23 of this Decree.
A report on internal
examination results of an unlawful document shall contain contents specified in
clause 2, Article 17 hereof.
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6. Documents
on handling of unlawful documents shall be announced as prescribed in Article
28 hereof.
Article
13. Documentation on internal examination
of documents
1. Agencies
or units assigned to internally examine documents shall prepare documentation
on internal examination of unlawful documents. Such documentation includes:
a) A report on internal
examination results;
b) A document on handling of
unlawful document
c) Other relevant documents (if
any)
2. Documentation
on internal examination of documents shall be archived in accordance with law
on archival and law on protection of state secrets in respect of documents
containing classified information.
Section 3.
EXAMINATION OF LEGISLATIVE DOCUMENTS WITHIN COMPETENCE
Section
1. COMPETENCE, SEQUENCE AND PROCEDURES FOR EXAMINATION OF LEGISLATIVE DOCUMENTS
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1. Ministers
and Directors of ministerial agencies shall examine documents promulgated by
other Ministers, Directors of ministerial agencies, provincial-level local governments,
and local governments within special administrative-economic units in respect
of matters within the sectors and fields under their management.
2. The
Minister of Justice shall exercise the examination competence as
prescribed in clause 1 of this Article and assist the Government in examining
documents that do not contain classified information. To be specific:
a) Circulars of Ministers or
Directors of ministerial agencies;
b) Regulations on sectors and
fields under the management of Ministries or ministerial agencies specified in
Joint Circulars between Ministers or Directors of ministerial agencies and the
Chief Justice of the Supreme People’s Court, the Procurator General of the
Supreme People’s Procuracy, and/or the State Auditor General;
c) Resolutions of the People’s
Councils, decisions of the provincial-level People’s Committees; legislative
documents of local governments within special administrative-economic units.
3. The
Minister-Chairman of Government Office shall exercise the examination
competence as prescribed in clause 1 of this Article and assist the Government
in examining documents that do not contain classified information and
promulgated or jointly promulgated by the Minister of Justice. To be specific:
a) Circulars of the Minister of
Justice;
b) Regulations on sectors and
fields under the management of the Ministry of Justice specified in Joint
Circulars between the Minister of Justice and the Chief Justice of the Supreme
People’s Court, the Procurator General of the Supreme People’s Procuracy,
and/or the State Auditor General;
4. The
Minister of Public Security shall exercise the examination competence as
prescribed in clause 1 of this Article and assist the Government in examining
documents specified in points a, b, and c, clause 2 of this Article and
containing classified information, except for the cases specified in clause 5
of this Article.
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6. Responsibilities
for assisting Ministers and Directors of ministerial agencies in examining
documents within competence:
a) Legal Departments of
Ministries, ministerial agencies shall assist Ministers and Directors of
ministerial agencies in examining documents specified in clauses 1 and 3 of
this Article.
b) The Department of
Legislative Document Examination and Management of Handling of Administrative
Violations under the Ministry of Justice shall assist the Minister of Justice
in examining documents specified in clause 2 of this Article.
c) The Minister of Public
Security and the Minister of National Defense shall assign organizations under
or affiliated to the Ministry of Public Security and the Ministry of National
Defense to assist them in examining documents specified in clauses 4, and 5 of
this Article and containing classified information.
7. If the
examination competence is controversial, the Minister of Justice shall consider
and make a decision.
Article
15. Examination competence of provincial-level People's Committees
1. a)
Provincial-level People's Committees shall examine documents of directly
inferior People’s Councils and People's Committees.
2. Departments
of Justice shall assist the provincial-level People's Committees in examining
documents specified in clause 1 of this Article.
Article
16. Document examination plan and establishment of examination team
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A document examination plan may
be integrated into an annual working plan or promulgated separately. The
examination plan of the Ministry of Justice shall be sent to Ministries and
ministerial agencies.
2. Where
necessary, Ministers, Directors of ministerial agencies, chairpersons of
People’s Committees at all levels, or heads of examining authorities shall,
pursuant to clause 3 Article 63 of the Law, decide to establish an examination
team to conduct physical examinations at promulgating authorities. In case
cooperation with relevant agencies is required, Ministers, Directors of
ministerial agencies, chairpersons of People’s Committees at all levels shall
decide to establish an inter-agency examination team.
Authorities/persons competent
to establish examination teams shall prescribe duties and powers of examination
teams.
Article
17. Sequence and procedures for examination of documents within competence
1. An
examining authority shall examine a document according to the matters specified
in Article 5 hereof. Where necessary, the examining authority may hold meetings
for discussion or seek opinions from relevant agencies, units, organizations,
or experts on the examined document.
2. Legislative
document examination results shall be recorded in a report that contain the
following basic contents: Legislative document examination results shall be
recorded in a report that contain the following basic contents: name of the
examined document; unlawful content and legal bases for identifying unlawful
regulations; the examiner’s opinions on unlawful regulations and proposed
actions against those unlawful regulations.
3. A
legislative document examination conclusion shall be promulgated if a document
is identified to be unlawful.
Such document contains only one
regulation that is contradictory, overlapping or no longer appropriate, the
examining authority may either make or provide advice, propose a
recommendation/request for the review of the document in accordance with
Article 36 of this Decree.
Article
18. Legislative document examination
conclusions
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2. An
examination conclusion must contain the following basic contents:
a) The title of the examined
document; titles and content of legislative documents used as legal bases for
identifying unlawful regulations of the examined document;
b) Opinions on unlawful
regulations of the examined document;
c) A request for handling of
the examined document by the promulgating authority/person;
d) Recommendations for
consideration, identification, and handling of responsibilities for the
collective or individual that has given advice, drafted, or promulgated the
unlawful document in accordance with the CPV’s regulations and the law;
dd) Recommendations for
consideration and handling by the promulgating authority/person as prescribed
in Chapter III hereof in case the examined document contains regulations that
are contradictory, overlapping or no longer appropriate.
e) Other recommendations
regarding the examined document’s content as prescribed in Article 5 of the Law
when necessary.
3. Examination
conclusions shall be sent to authorities/persons that have promulgated unlawful
documents for handling these documents and the following agencies:
a) Examination conclusions of
Ministers or Directors of ministerial agencies shall be sent to the Ministry of
Justice. Inspection conclusions of the Minister of Justice shall be sent to
Ministries or ministerial agencies in charge of management of sectors/fields
concerning the examined documents;
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c) Examination conclusions
shall also be sent to CPV Committees at the same level, and Legal Departments
of Ministries, ministerial agencies, or Departments of Justice, Divisions of
Justice, People’s Committees of communes where the examined document was
promulgated.
Article
19. Documentation on examination of documents within competence
1. Examining
authorities shall prepare documentation on examination of unlawful documents.
Such documentation includes:
a) A report on examination
results;
b) An examination conclusion;
c) A document on handling of
unlawful document;
d) Other relevant documents (if
any)
2. Documentation
on examination of documents shall be archived in accordance with law on
archival and law on protection of state secrets in respect of documents
containing classified information.
Section
2. EXAMINATION, HANLDING OF DOCUMENTS CONTAINING LEGAL NORMS AND DOCUMENTS
PROVIDING FOR GUIDELINES ON APPLICATION OF LEGISLATIVE DOCUMENTS
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1. The
Minister of Justice shall examine documents that do not contain classified
information. To be specific:
a) Documents that are suspected
to contain legal norms of Ministers, Directors of ministerial agencies,
provincial-level local governments, or local governments within special
administrative-economic units but are not promulgated as legislative documents;
and documents providing for guidelines on application of legislative documents
with regard to those of the aforementioned entities;
b) Documents that are suspected
to contain legal norms of Governmental agencies; Standing Committees of the
provincial-level People's Councils, Chairpersons of the provincial-level
People's Councils, Chairpersons of provincial-level People's Committees;
Chairpersons of People's Councils, Chairpersons of People's Committees within
special administrative-economic units; organizations under and affiliated to Ministries,
ministerial agencies and Governmental agencies; specialized agencies under the
provincial-level People's Committees and special administrative-economic units
(or equivalent units).
2. The
Minister-Chairman of Government Office shall examine documents providing for
guidelines on application of legislative documents of the Minister of Justice;
documents that are suspected to contain legal norms of the Minister of Justice
and organizations under or affiliated to the Ministry of Justice.
3. The
Minister of Public Security shall examine documents specified in points a and
b, clause 1 of this Article and containing classified information, except for
cases specified in clause 4 of this Article.
4. The
Minister of National Defense shall examine documents specified in points a and
b, clause 1 of this Article and containing classified information within the
sectors or fields under the management of the Ministry of National Defense.
5. Provincial-level
People’s Committees shall examine:
a) Documents that are suspected
to contain legal norms of district-level local governments but are not
promulgated as legislative documents; and documents providing for guidelines on
application of legislative documents with regard to those promulgated by
district-level local governments;
b) Documents suspected to
contain legal norms of Standing Committees of the district-level People's
Councils, Chairpersons of the district-level People's Councils, and
Chairpersons of district-level People's Committees; documents suspected to
contain legal norms promulgated by specialized agencies under the
district-level People's Committees (or equivalent units).
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7. The
Minister-Chairman of Government Office, the Minister of Public Security and the
Minister of National Defense shall assign affiliated or subordinate
organizations to assist them in examining documents specified in clauses 2, 3,
and 4 of this Article.
The Department of Legislative
Document Examination and Management of Handling of Administrative Violations
under the Ministry of Justice shall assist the Minister of Justice in examining
and handling documents specified in clause 1 of this Article; Departments of
Justice and Divisions of Justice shall assist the People's Committees at the
same level in examining documents specified in clauses 5 and 6 of this Article.
Article
21. Bases for examination of documents,
1. Bases
for examination of documents shall comply with points b and c, clause 3,
Article 63 of the Law.
2. The
establishment of examination teams, sequence, procedures and documentation for
examination of documents shall comply with clause 2, Article 16, and Articles
17, 18, and 19 hereof. The handling of documents shall comply with the
regulations in Section 4, Chapter II hereof.
Article
22. Responsibilities for handling of documents
1. Promulgating
authorities/persons shall be responsible for handling documents after receipt
of examination conclusions from competent authorities/persons.
2. The
Prime Minister, Ministers, Directors of ministerial agencies, Directors of
Governmental agencies, Chairpersons of People’s Councils, and Chairpersons of
People’s Committees shall direct the handling of documents specified in clause
1 of this Article.
Section 4.
HANDLING OF UNLAWFUL LEGISLATIVE DOCUMENTS
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1. Unlawful
documents shall be suspended from implementation or annulled in full or in part
in accordance with Article 4 of Decree No. 78/2025/ND-CP.
2. Documents
with errors regarding bases for promulgation, format, techniques for
presentation shall be corrected in accordance with Article 9 of Decree No.
78/2025/ND-CP.
Article
24. Sequence and procedures for handling of unlawful documents
1. After
receipt of examination conclusions, authorities/persons that have promulgated
unlawful documents shall handle these documents according to forms and within
time limit prescribed in Articles 23 and 26 hereof.
With regard to regulations on
sectors and fields under the management of Ministries or ministerial agencies
specified in Joint Circulars between Ministers or Directors of ministerial
agencies and the Chief Justice of the Supreme People’s Court, the Procurator
General of the Supreme People’s Procuracy, the State Auditor General,
authorities that have promulgated such Joint Circulars shall cooperate with
each other to consider and handle such Joint Circulars after receipt of
examination conclusions.
2. In
cases where authorities/persons that have promulgated unlawful documents fail
to handle these documents in accordance with law, or authorities/persons
competent to examine documents disagree with the document handling results,
authorities/persons competent to examine documents shall urge the handling of
documents by competent authorities/persons specified in clauses 3, 4, 5, 7, and
8 of this Article.
3. Ministers
and Directors of ministerial agencies shall recommend the Prime Minister to
make decisions on:
a) Suspending implementation of
or annulling unlawful documents in full or in part of Ministers, Directors of
ministerial agencies, provincial-level People’s Committees, or People’s
Committees within special administrative-economic units within their examination
competence;
b) Suspending implementation of
unlawful Resolutions in full or in part of provincial-level People’s Councils
or People’s Councils within special administrative-economic units within their
examination competence.
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4. The
Minister of Justice shall comply with the regulations of clause 3 of this
Article and request the Prime Minister to make decisions on:
a) Suspending implementation of
or annulling unlawful Circulars in full or in part of Ministers, Directors of
ministerial agencies; unlawful documents of provincial-level People’s
Committees, or People’s Committees within special administrative-economic
units;
b) Suspending implementation of
unlawful Resolutions in full or in part of provincial-level People’s Councils
or People’s Councils within special administrative-economic units;
c) Suspending implementation or
annulling unlawful regulations on sectors and fields under the management of
Ministries or ministerial agencies specified in Joint Circulars promulgated by
Ministers or Directors of ministerial agencies and the Chief Justice of the
Supreme People’s Court, the Procurator General of the Supreme People’s
Procuracy, the State Auditor General;
5. The
Minister of Public Security and the Minister of National Defense shall comply
with the regulations of clause 3 of this Article and request the Prime Minister
to handle documents containing classified information in accordance with the
regulations of points a, b, and c of clause 4 of this Article within their
examination competence.
6. In case
where unlawful regulations are detected in Joint Circulars between Ministers or
Directors of ministerial agencies and the Chief Justice of the Supreme People’s
Court, the Procurator General of the Supreme People’s Procuracy, the State
Auditor General, the Minister of Justice, Minister-Chairman of the Government
Office, Minister of Public Security, or Minister of National Defense, within
their examination competence as prescribed in Article 14 hereof, shall
recommend the Chief Justice, the Procurator General, or the State Auditor
General to consider and handle such Joint Circulars.
7. Directors
of Departments of Justice and Heads of Divisions of Justice shall recommend the
Chairpersons of the People’s Committees at the same level to make decisions on:
a) Suspending implementation of
or annulling unlawful documents in full or in part of directly inferior People’s
Committees;
b) Suspending implementation of
unlawful Resolutions of directly inferior People’s Councils; then, report the
suspension to People’s Committees for request to People’s Councils at the same
level for annulment of such Resolutions;
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Article
25. Recommendation, report for re-consideration of document examination
conclusions
1. In
cases where there is sufficient evidence to prove that an examined document is
not unlawful, the authority/person whose document is stated in the examination
conclusion may make recommendations regarding the contents of the examination
conclusion to the conclusion-promulgating authority/person within 5 working
days from the date of receipt of such conclusion.
2. Within
10 days from the date of receipt of recommendations, the
conclusion-promulgating authority/person shall consider, settle, and notify
results thereof to the recommending authority/person.
3. In case
where the conclusion-promulgating authority/person specified clause 2 of this
Article rejects recommendations regarding the contents of legislative document examination
conclusions, the authority/person whose document is stated in the examination
conclusion may make recommendations/send a report to a competent authority
under the following regulations:
a) With regard to legislative
documents of Ministers, heads of ministerial agencies, provincial-level
People's Councils, and provincial-level People's Committees, the
authority/person whose document is stated in the examination conclusion shall
send a report to the Prime Minister;
b) With regard to legislative documents
of District-level People's Committees, District-level People's Councils, the
authority/person whose document is stated in the examination conclusion shall
send a report to the Chairperson of provincial-level People's Committee.
4. Within
10 days from the date of receipt of recommendations or reports from the
authority/person whose document is stated in the examination conclusion, the
competent authority specified clause 3 of this Article shall consider, settle,
and notify results thereof to the recommending/reporting authority/person.
In cases where the
conclusion-promulgating authority/person specified in clause 2 of this Article,
or the competent authority specified clause 3 of this Article approve
recommendations from the authority/person whose document is stated in the
examination conclusion, the conclusion-promulgating authority/person shall
annul such conclusion. If the recommendations are rejected, the
authority/person whose document is stated in the examination conclusion shall
handle such unlawful document in accordance with clause 2, Article 26 hereof.
Article
26. Time limit for handling of unlawful documents
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2. In
cases where authorities/persons that have promulgated unlawful documents make
recommendations or send reports for reconsideration of examination conclusions
in accordance with Article 25 hereof, the time limit for handling unlawful
documents shall be as follows:
a) Authorities/persons that
have promulgated unlawful documents shall handle these documents within 10 days
from the date on which conclusion-promulgating authorities/persons notify the
rejection of recommendations made under clause 2, Article 25 hereof.
b) Authorities/persons that
have promulgated unlawful documents shall handle these documents within 05 days
from the date on which competent authorities/persons notify the rejection of
recommendations or reports made under clause 3, Article 25 hereof.
Article
27. Procedures for recommending the Prime Minister to handle unlawful
documents
1. In
cases where Ministers or Director of ministerial agencies recommend the Prime
Minister to handle unlawful documents as prescribed in clause 3, Article 24
hereof, the following procedures shall be followed:
a) Ministers or Directors of
the ministerial agencies shall send a recommendation dossier to the Ministry of
Justice;
b) Within 15 days from the date
of receipt of recommendations, the Minister of Justice shall consider and
report to the Prime Minister for handling unlawful documents that are no longer
controversial opinions on the constitutionality, legality, consistency in
accordance with clause 4, Article 24 hereof;
c) With regard to documents
that still have controversial opinions on the constitutionality, legality,
consistency, within 30 days from the date of receipt of recommendations, the
Minister of Justice shall take charge of and cooperate with the
Minister-Chairman of the Government Office, Ministers, Directors of ministerial
agencies, and Directors of Governmental agencies to convene a meeting and
consider the constitutionality, legality, consistency of these documents.
The Minister of Justice shall
make conclusions, recommend plans for handling of these documents, and report
to the Prime Minister for consideration and decision.
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Article
28. Announcement of document on handling of unlawful document
1. A
document on handling of unlawful legislative document shall be announced by the
promulgating authority/person on the electronic Official Gazette and national
legal database, and Portal or website of the promulgating authority within 03
days from the date on which such document is signed.
A document on handling of
unlawful legislative document at the commune level shall be posed on
headquarters of the commune-level People’s Council and commune-level People’s
Committee and the website of the commune-level People’s Committee (if any).
2. A
document on handling of document that contain legal norms or document providing
for guidelines on application of legislative documents shall be sent agencies,
organizations, and individuals previously receiving such document that contain
legal norms or document providing for guidelines on application of legislative
documents; If such handling document was posted on the Official Gazette or the
portal/website of the promulgating authority, the handling results shall also
be announced through those same communication means.
3. The
regulations of clauses 1 and 2 of this Article do not apply to documents on
handling of documents containing classified information.
Section 5.
DUTIES AND RIGHTS OF AUTHORITIES/ PERSONS PROMULGATING EXAMINED DOCUMENTS AND
RELEVANT AGENCIES, UNITS; REPORTING REGIME
Article
29. Duties of authorities/ persons promulgating examined documents
1. Provide
necessary documents, information, and materials to authorities/persons
competent to examine documents at request; and announce documents on handling
of unlawful documents in accordance with Article 28 hereof (if any).
2. Provide
explanations regarding the content of documents at request of
authorities/persons competent to examine documents; send results of handling
unlawful documents to authorities/persons that have promulgated examination
conclusions (if any); send results of consideration and handling of
responsibilities of collectives or individuals that proposed or promulgated
unlawful documents to authorities/persons that have promulgated examination
conclusions (if any).
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4. Facilitate
authorities/persons competent to examine documents during examination.
5. Implement
recommendations on documents which they promulgate from authorities/persons
competent to examine documents, authorities/persons that have promulgated
examination conclusions.
Article
30. Rights of authorities/ persons promulgating examined documents
1. Be
informed of examination plan, content, and specific requirements on
examination.
2. Give
opinions concerning the content of the examined documents; reject to answer or
provide information beyond their assigned functions, duties, and powers, or
classified information that are banned from provision in accordance with law.
3. Make
recommendations or send reports to authorities/persons competent to re-consider
examination conclusions in accordance with Article 25 hereof. When exercising
this right, authorities/persons with examined documents shall provide evidence
that these documents comply with the law and take responsibility before
superior authorities and the law for the accuracy of their
recommendations/reports.
Article
31. Responsibilities of relevant agencies, units
Agencies and units in charge of
management of sectors/fields concerning the content of the examined documents
shall promptly cooperate, provide relevant information, materials, opinions,
and appoint appropriate representatives to attend meetings for document
examination ; and assign representatives to join examination teams at request
of authorities/persons competent in/responsible for document examination.
Article
32. Reporting regime regarding examination and handling of documents
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2. The
time limit for sending annual reports, the time report data on examination and
handling of documents is collected shall comply with regulations of the
Minister of Justice.
3. An
annual report on examination and handling of documents must contain the
following basic contents:
a) Data on legislative
documents that have been internally examined and handled; data on legislative
documents that have been examined within competence; data on documents
containing detected unlawful regulations and respective conclusions; data on
documents that have been handled at the request of examining authorities; and
data on documents that have been handled within competence;
b) Assessments regarding
examination and handling of legislative documents; relevant legal regulations;
organization and staffing; funding for examination and handling of documents;
training, guidance, and retraining on examination and handling of legislative
documents; and other necessary conditions for effective performance of such
tasks;
c) Difficulties, obstacles, and
recommendations;
d) A list of legislative
documents that have promulgated ultra vires/contain unlawful regulations under findings
after internal examination and conclusions after examination within competence
(if any).
Chapter
III
REVIEW, SYSTEMATIZATION
OF LEGISLATIVE DOCUMENTS
Section 1.
GENERAL PROVISIONS ON REVIEW, SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
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1. Documents
specified in Article 4 of the Law shall be reviewed and systematized, except
for the Constitution.
2. The
document review and systematization results shall be used in formulation of
legislative documents and improvement of the legal system; the document
systematization results shall be used for reference in the application and
implementation of the law.
Article
34. Rules for review, systematization of legislative documents
1. Documents
must be regularly and promptly reviewed when there are bases for review; the
document review results must be considered and handled in a timely manner.
2. Documents
must be periodically systematized. The Compendium of effective legislative
documents must be timely published.
3. Documents
containing classified information must be reviewed and systematized in
accordance with laws on state secrets.
Article
35. Responsibilities of agencies, units, and individuals in organizing the
review and systematization of legislative documents
1. Responsibilities
of organizations under Ministries and ministerial agencies:
a) Organizations under
Ministries and ministerial agencies shall assist their Ministers and Directors
of their ministerial agencies in reviewing and systematizing documents within
their respective competence and responsibility as prescribed in clause 2,
Article 64 of the Law that govern matters under their charge;
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2. The
Supreme People's Court, the Supreme People's Procuracy, the State Audit Office,
the Ethnic Minorities Council, Committees of the National Assembly, the Office
of the National Assembly, and the Office of the President shall prescribe the
responsibilities of their units and individuals in reviewing and systematizing
documents.
3. Responsibilities
of agencies, units, and individuals within People's Committees:
a) Specialized agencies under
provincial-level and district-level People's Committees shall take charge of
and cooperate with Legal Departments of the People's Councils and other
relevant agencies in reviewing and systematizing documents of the People's
Committees and People's Councils of the same level in fields under their
charge.
Other agencies, other than the
above-mentioned specialized agencies, which have drafted documents of the People's
Committees or People's Councils shall take charge of and cooperate with Legal
Departments of the People's Councils, the Departments of Justice, Divisions of
Justice, and other relevant agencies in reviewing and systematizing these
documents.
b) Departments of Justice,
Divisions of Justice shall urge and provide guidance for relevant agencies to
review and systematize documents of People's Committees and People's Councils
at their respective levels.
4. In the
event of a transfer of functions and duties between agencies or units,
receiving agencies or units shall review and systematize documents involved in
the transferred functions and duties.
In cases of dissolution,
acquisition, division, or adjustment of administrative boundaries, People's
Committees of newly established administrative divisions shall review and
systematize documents promulgated by the People's Committees and People's
Councils of old administrative divisions.
Article
36. Recommendation for review and systematization of legislative documents
1. Agencies,
organizations, and individuals that detect regulations that are contradictory,
overlapping or no longer appropriate in documents may recommend regulatory
agencies specified in Article 64 of the Law to review these documents.
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Article
37. Bases for review of legislative documents
1. Documents
that are promulgated later and contain regulations concerning the reviewed
documents shall serve as a basis for review. To be specific:
a) Legislative documents that
are promulgated by superior authorities; legislative documents of
authorities/persons that have promulgated the reviewed documents;
b) Administrative documents
promulgated by competent authorities/persons to annul legislative documents in
full or in part in cases where there are impacts from the apparatus
restructuring or regulated entities no longer exist, documents elaborating or
prescribing specific measures to organize and provide guidance on the
implementation of the reviewed documents are announced to cease to have effect
as prescribed in Article 4 of Decree No. 78/2025/ND-CP;
c) International treaties to
which the Socialist Republic of Vietnam is a signatory that are effective after
the promulgation date of the reviewed documents;
2. The
socio-economic development serving as a basis for review shall follow
guidelines, policies of the CPV and the State; results of investigation,
survey, and practical information concerning regulated entities and scope of
the reviewed documents.
Article
38. Forms of handling of reviewed legislative documents
1. Annulment
of a document in full or in part:
a) A document shall be annulled
in full without requiring the promulgation of replacement documents if its
regulated entities no longer exist; whole of its regulations are overlapping,
contradictory to documents serving as a basis for review, or no longer
appropriate with the socio-economic development; or such document no longer
applies;
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2. A
document shall be replaced in cases specified in clause 4, Article 8 of the
Law.
3. A
document shall be amended if a part of its regulations are overlapping,
contradictory to documents serving as a basis for review, or no longer
appropriate with the socio-economic development and promulgation of
replacement/amendment/supplement documents is not required;
4. A new
document shall be promulgated in cases where social relations to be prescribed
in documents that are promulgated by superior authorities or social relations
to be prescribed, but respective regulations have not been available are
detected during review.
5. A
document shall have their effect temporarily suspended in full or in part as
prescribed in point a, clause 1, Article 56 of the Law.
6. A
document elaborating or prescribing specific measures to organize and provide
guidance on the implementation of a reviewed document shall be announced to
cease to have effect as prescribed in clause 2, Article 57 of the Law.
7. A
document on handling of a reviewed document as prescribed in this Article shall
be promulgated in accordance with regulations of the Law and Decree No.
78/2025/ND-CP.
Sections
2. IDENTIFICATION OF BASES FOR REVIEW OF LEGISLATIVE DOCUMENTS, MATTERS TO BE
REVIEWED, REVIEW RESULTS THEREOF
Article
39. Documents serving as a basis for review and legislative documents subject
to review
1. Announcements
regarding ceasing to have the effect of documents as prescribed in clause 2,
Article 57 of the Law, documents that amend, supplement, replace, annul,
temporarily suspend the effect, or provide the expiry date of one or more
documents shall serve as a basis for review. Documents that are amended,
supplemented, replaced, annulled; provided with the expiry date, announced to
cease to have effect; or have their effect temporarily suspended shall be
subject to review.
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3. Announcements
regarding ceasing to have the effect of documents as prescribed in clause 2,
Article 57 of the Law; documents that amend, supplement, replace, annul,
temporarily suspend the effect, or provide the expiry date of one or more
documents that are referred to in one or more other documents shall serve as a
basis for review. Documents containing references to documents that are
amended, supplemented, replaced, annulled, provided with the expiry date,
announced to cease to have effect, or have their effect temporarily suspended
shall be subject to review.
4. Documents
containing regulations involved in one or more previously promulgated documents
shall serve as a basis for review; such previously promulgated documents shall
be subject to review.
Article
40. Socio-economic development serving as a basis for review of legislative
documents
The socio-economic development
serving as a basis for review of a document shall follow the following
materials and information:
1. The
CPV's Charter, Political Platform, resolutions, notifications, directives, and
other official materials; official documents and materials of competent
regulatory agencies involved in the reviewed document.
2. Investigation
and survey results; socio-economic information; statistical data and reports;
practical information and data; and other materials involved in the reviewed
document as announced by competent regulatory agencies.
Article
41. Matters to be reviewed
1. Matters
concerning a document to be reviewed on the basis of other documents:
a) The effect of such document;
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c) The competence to promulgate
such document.
2. Matters
concerning a document to be reviewed on the basis of socio-economic
development:
a) The content of such
document;
b) New social relations to be prescribed
in legislative documents;
c) The competence to promulgate
such document.
Article
42. Seeking opinions on review results of legislative documents and handling
review results thereof
1. The
reviewing authority shall seek opinions on the review results from relevant
agencies, units. With regard to a jointly promulgated document, the reviewing
authority shall seek opinions on the review results of authorities that jointly
promulgate such document.
The reviewing authority shall
convene meetings to exchange and discuss with agencies, units, organizations,
and experts on the review results where necessary.
2. Consulted
agencies and units shall send a written response, specifying agreements and
disagreements (with respective reasons), or other opinions.
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Article
43. Annual announcement of the list of legislative documents that cease to have
effect or have their effect temporarily suspended
1. Agencies
specified in Article 64 of the Law, except for the National Assembly Standing
Committee, must promulgate a resolution or administrative decision to announce
the list of documents under their review charge that cease to have effect or
their effect temporarily suspended by January 31 every year.
2. Lists
of central-level, provincial-level, and district-level documents that cease to
have effect or have their effect temporarily suspended must be posted on the
electronic Official Gazette and updated on the national legal database. Lists
of commune-level documents that cease to have effect or have their effect
temporarily suspended (if any) must be posted at the headquarters of the People’s
Councils and the People’s Committees and on websites of commune-level People’s
Committees (if any).
3. Documents
that cease to have effect or have their effect temporarily suspended between
January 1 and December 31 in the same year, including documents already
announced to cease to have effect by competent authorities under clause 2,
Article 57 of the Law, shall be added to the annually announced lists of
legislative documents that cease to have effect or have their effect
temporarily suspended.
The reviewing authority shall
add the missed documents that cease to have effect or have their effect
temporarily suspended in the immediately preceding announcement period to the
current list.
4. Decisions
to announce lists of documents that cease to have effect or have their effect
temporarily suspended of Ministers, Directors of ministerial agencies, and
provincial-level People’s Committees shall be sent to the Ministry of Justice;
those of district-level People’s Committees shall be sent to the provincial-level
People’s Committees and Departments of Justice; those of commune-level People’s
Committees shall be sent to the district-level People’s Committees and
Divisions of Justice for monitoring.
5. A list
of documents that cease to have effect or have their effect temporarily
suspended shall be made according to Form No. 1 or Form No.2 specified in the
Appendix enclosed herewith.
6. Legal
Departments of Ministries, ministerial agencies, and units acting as focal
points to review and systematize documents within the Ministry of Justice,
Departments of Justice, and Divisions of Justice shall compile, formulate,
submit the draft decisions to announce lists of documents that cease to have
effect or have their effect temporarily suspended to competent authorities.
Article
44. Handling of documents detected to be unlawful at the promulgation date
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Section 3.
OVERALL REVIEW OF THE SYSTEM OF LEGISLATIVE DOCUMENTS, REVIEW OF LEGISLATIVE
DOCUMENTS BY TOPIC, FIELD OR GEOGRAPHICAL AREA
Article
45. Overall review of the system of legislative documents
1. The
Government shall submit the plan for overall review of the system of
legislative documents to the Standing Committee of the National Assembly for
promulgating and organizing the implementation thereof.
2. The
Ministry of Justice shall assist the Government in preparing the plan for
overall review of the system of legislative documents and act as a focal point
to organize the implementation thereof.
Article
46. Plan for review of the legislative documents by topic, field or geographical
area
1. Ministers
and Directors of ministerial agencies shall, within their state management
competence, assist the Prime Minister in preparing a plan for review of the
legislative documents by topic, field or geographical area and organizing the
implementation thereof as decided by the Prime Minister.
Heads of organizations under
Ministries and ministerial agencies shall assist their Ministers and Directors
of their ministerial agencies in preparing plans for review of documents
regulating matters within fields under their charge and organizing the
implementation thereof.
Heads of specialized agencies
under provincial-level and district-level People’s Committees shall take charge
of and cooperate with Legal Committees of the respective People’s Councils and
relevant agencies in preparing plans for review of documents of the People’s
Committees and People’s Councils at the same level regulating matters within
fields under their charge and organizing the implementation thereof.
2. A
document review plan must contain review objectives, requirements, reviewed
document, scope; implementation schedule and period; assignments of
agencies/units to take charge of and cooperate in plan implementation; funding
and other necessary conditions for plan implementation.
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Article 47.
RESULTS OF OVERALL REVIEW OF THE SYSTEM OF LEGISLATIVE DOCUMENTS, REVIEW OF
LEGISLATIVE DOCUMENTS BY TOPIC, FIELD OR GEOGRAPHICAL AREA
1. The
results of overall review of the system of legislative documents, review of
legislative documents by topic, field or geographical area shall include system
assessments; recommendations and proposals for handling documents with aiming
to improve the regulatory framework.
2. The
results of overall review of the system of legislative documents, review of
legislative documents by topic, field or geographical area must be recorded in
a report.
Competent authorities/persons
shall, based on objectives of and requirements on overall review of the system
of legislative documents, review of legislative documents by topic, field or
geographical area, decide to review decisions on preparation of lists of
documents according to Forms specified in the Appendix enclosed herewith or
lists of documents under other appropriate criteria.
Article
48. Announcement of results of overall review of the system of legislative
documents, review of legislative documents by topic, field or geographical area
1. The
Government shall submit the results of overall review of the system of legislative
documents to the Standing Committee of the National Assembly for decision to
announce these results.
2. An
authority/person that decides on a review of documents by topic, field or
geographical area shall decide on announcement of review results.
3. A
document on announcement of results of overall review of the system of
legislative documents, review of legislative documents by topic, field or
geographical area shall be administrative one.
Section 4.
SYSTEMATIZATION CONTENTS OF LEGISLATIVE DOCUMENTS AND SEQUENCE AND PROCEDURES
FOR SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
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1. Legislative
documents must be periodically systematized and the results of such
systematization must be announced every 05 years. The reference date of
identifying documents subject to systematization for announcement (hereinafter
referred to as the “systematization date”) shall December 31 of the fifth year
after the immediately preceding systematization period.
2. Documents
must be periodically systematized under a plan. Such plan must contain the
systematization objectives and requirements; documents to be systematized and
scope; implementation schedule and period; assignments of units to take charge
of and cooperate in plan implementation; funding and other conditions for plan
implementation.
Article
50. Systematization contents of legislative documents
1. Gathering
documents subject to systematization.
2. Re-checking
the results of reviews of documents and conducting additional reviews.
3. Arranging
effective documents according to the criteria specified in Article 52 hereof.
4. Announcing
the lists of documents and the Collection of systematized effective documents.
Article
51. Sequence of systematization of legislative documents
1. Gathering
documents subject to periodic systematization, which include those in the list
of effective documents announced in the immediately preceding systematization
period; those promulgated during the current systematization period (including
those that have not yet been effective).
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3. Re-checking
the results of reviews of documents and conducting additional reviews:
a) The review results of
documents subject to systematization shall be re-checked to ensure the accuracy
of their effect as of the systematization date;
b) In case a document has its
legal status that has not been updated under the review results or such
document has not been reviewed in accordance with law, the competent
authority/person shall conduct a review in accordance with this Decree.
4. Preparing
lists of documents:
a) A list of that cease to have
effect or have their effect temporarily suspended in full; a list of effective
documents (including documents that have their effect temporarily suspended in
part) as of the systematization date; a list of documents that need to have
their effect suspended, or to be amended, supplemented, replaced, annulled or
newly promulgated;
b) Lists of documents made
according to Forms specified in the Appendix enclosed herewith.
5. Arranging
effective documents into a Collection of systematized documents:
The whole contents of documents
in the list of effective documents shall be arranged into a Collection of
systematized documents.
6. Announcing
of document systematization results:
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b) The document systematization
results shall include the lists of documents and the Collection of systematized
documents specified in clauses 4 and 5 of this Article;
c) A document on announcement
of document systematization results shall be administrative one;
d) The systematization results
must be announced by February 1 for central-level documents or by March 1 for
documents of the People’s Councils and People’s Committees at all levels in the
year following the final year of the systematization period.
7. The
systematization results must be updated on the national legal database in
accordance with law.
Lists of central-level,
provincial-level, and district-level documents that cease to have effect or
have their effect temporarily suspended must be posted on the electronic
Official Gazette and updated on the national legal database. Lists of
commune-level documents that cease to have effect or have their effect
temporarily suspended (if any) must be posted at the headquarters of the
People’s Councils and the People’s Committees and on websites of commune-level
People’s Committees (if any).
When detecting errors in the
lists of documents and the Collection of systematized effective documents that
have been announced, a re-review shall be conducted for correction.
Article
52. Criteria for arrangement of documents in the Collection of systematized
legislative documents and lists of legislative documents
Documents in the Collection of
systematized documents and lists of documents shall be arranged by the
following criteria:
1. State
management field of an agency or field decided by the systematizing authority;
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3. Chronological
sequence of promulgation of documents, from those promulgated first to those
promulgated later;
4. Other
criteria appropriate to state management requirements.
Article
53. Cooperation among agencies and units in the systematization of legislative
documents
1. Legal
Departments of Ministries, ministerial agencies, and units acting as focal
points to review and systematize of documents within the Ministry of Justice,
Departments of Justice, and Divisions of Justice shall assist their Ministers,
Directors of their ministerial agencies or People’s Committees at the same
level in preparing plans on systematization of documents and act as the focal
points to organize the implementation thereof.
2. Organizations
under under Ministries and ministerial agencies shall systematize documents and
submit the results of such systematization to the Legal Departments or units
acting as focal points to review and systematize of documents for compilation.
Provincial-level and
district-level agencies and units shall systematize documents and submit the
results of such systematization to the Departments of Justice/Divisions of
Justice for compilation.
3. Legal
Departments of Ministries, ministerial agencies, and units acting as focal
points to review and systematize of documents within the Ministry of Justice,
Departments of Justice, and Divisions of Justice shall re-check and submit the
systematization results to their Ministers, Directors of their ministerial
agencies or People’s Committees at the same level for consideration and
announcement.
4. Cooperation
among units managed by the Supreme People’s Court, the Supreme People’s
Procuracy, the State Audit Office, the Ethnic Minorities Council, Committees of
the National Assembly, the Office of the National Assembly, and the Office of
the President in the systematization of documents shall be comply with their
respective internal regulations.
5. Ministries,
ministerial agencies, provincial-level People's Committees shall send their
systematization results to the Ministry of Justice within 20 days from the date
on which these results are announced for monitoring, compilation, and reporting
to the Prime Minister.
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Article
54. Annual reporting regime
1. Annually,
the Ministry of Justice shall compile and send reports on review and
systematization of documents to the Prime Minister on the basis of reports from
Ministries, ministerial agencies, provincial-level People's Committees, and
local governments within special administrative-economic units.
2. The
time limit for sending annual reports, the time report data concerning review
and systematization of documents is collected shall comply with regulations of
the Minister of Justice.
3. An annual
report on review and systematization of documents must contain the following
basic contents:
a) Results of review and
systematization of documents, which include data on the number of documents
subject to review and number of documents that have been reviewed, document
review results, handling of the reviewed documents; document systematization
results; and results of review of documents by topic, field or geographical
area;
b) General assessments of the
quality of the formulation and promulgation of documents subject to review or
systematization;
c) Assessments of the legal
regulations on review and systematization of documents; organization, staffs
and funding for review and systematization of documents;
d) Cooperation in the review
and systematization of documents; training and retraining in and other
conditions for review and systematization of documents;
c) Difficulties, obstacles, and
recommendations;
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4. Agencies
specified in clauses 3, 4, 5, 6, and 7 of Article 64 of the Law shall provide
information on review and systematization of documents and results thereof in
accordance with clause 3 of this Article.
Article
55. Forms used in review, systematization of legislative documents
1. A list
of documents that cease to have effect or have their effect temporarily
suspended in full shall be made according to Form No. 1 specified in the
Appendix enclosed herewith.
2. A list
of documents that cease to have effect or have their effect temporarily
suspended in part shall be made according to Form No. 2 specified in the
Appendix enclosed herewith.
3. A list
of effective documents shall be made according to Form No. 3 specified in the
Appendix enclosed herewith.
4. A list
of documents that need to have their effect suspended, or to be amended,
supplemented, replaced, annulled or newly promulgated shall be made according
to Form No. 4 specified in the Appendix enclosed herewith.
5. A
Collection of systematized documents shall be made according to Form No. 5
specified in the Appendix enclosed herewith.
Chapter
IV
ASSURANCE OF RESOURCES
FOR EXAMINATION, REVIEW AND SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
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1. Personnel,
physical facilities, funding, specific policies for examination, review,
systematization of legislative documents shall comply with Articles 69 and 70
of the Law, Resolutions of the National Assembly, this Decree and documents
elaborating and prescribing guidelines on implementation.
2. Competent
authorities/persons shall assure and prioritize the allocation of resources for
investment in physical facilities, modernization of technical infrastructure,
working equipment, application of digital technology, and digital
transformation during examination, review, systematization and handling of
legislative documents; investment in solutions for application of big data and
artificial intelligence in examination, review, and systematization of
legislative documents in other for timely, prompt and accurate detection of
regulations that are unlawful, contradictory, overlapping or no longer
appropriate, thereby effectively servicing the development and improvement of
the legal system.
3. Competent
authorities/persons shall, based on their assigned functions, duties, workload,
and specific characteristics of tasks, sufficiently arrange staffs who have the
appropriate capacity and qualifications within the total number of allocated
staffs to effectively conduct examination, review, systematization and handling
of legislative documents.
4. Personnel
engaged in examination, review, systematization and handling of legislative
documents shall be arranged, employed, trained, and retrained in accordance
with law.
5. The
funding for examination, review, systematization and handling of legislative
documents shall be covered by the state budget based on the decentralized power
of competent authorities/persons and other lawful funding sources in accordance
with law.
Expenditure contents and
expenditures for examination, review, systematization and handling of
legislative documents shall comply with regulations of the Minister of Finance.
Article
57. Employment of experts and collaborators in examination, review,
systematization of documents
1. During
examination, review, systematization of documents, heads of agencies,
organizations, and units may employ appropriate experts and collaborators
selected on the basis of specific criteria for each task.
2. Selected
experts and collaborators must possess professional qualifications relevant to
sectors/fields requiring consultation or collaboration, or experience in
formulating legislative documents, organizing the implementation thereof or
examining, reviewing, or systematizing legislative documents.
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a) Experts shall receive
remuneration as agreed; be provided with relevant information during the performance
of their tasks; have the covered expenses for attendance of conferences,
seminars, discussions, field surveys and investigations; be eligible for
commendation and recognition appropriate to their contributions to the
development and improvement of the Vietnamese legal system; and be entitled to
other benefits in accordance with the law.
Experts who are overseas
Vietnamese or foreign experts shall be entitled to benefits under the
regulations on attracting individuals engaged in science, technology,
innovation, and digital transformation;
Collaborators shall receive
amounts specified in fixed-term contracts or remuneration under lump-sum
contracts calculated by the number of documents sent to them for seeking
opinions; receive work-trip allowances when participating in examination teams;
and be entitled to other benefits in accordance with the law.
4. The
employment of experts and collaborators must be approved in writing by the
heads of agencies, organizations, or units. Remuneration and other allowances
for experts shall be paid and settled in accordance with the law.
Chapter V
IMPLEMENTATION
PROVISIONS
Article
58. Responsibilities of agencies and individuals in examination and handling of
legislative documents
1. a)
Ministers or Directors of ministerial agencies shall:
a) Urge, direct, and inspect
the examination and handling of legislative documents within their competence;
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c) Conduct preliminary and
summary of the examination and handling of documents by their Ministries or
ministerial agencies.
2. The
Minister of Justice shall:
a) Assist the Government in
unifying the state management of the examination and handling of documents
nationwide;
b) Urge, direct, and inspect
the examination and handling of documents by Ministries, ministerial agencies,
and local governments;
c) Provide guidance on and
professional retraining in the examination and handling of documents
nationwide; build and manage forces of collaborators engaged in document
examination;
d) Conduct preliminary and
summary of the examination and handling of documents.
3. People's
Committees at all levels shall:
a) Urge, direct, and inspect
the examination and handling of documents at their administrative divisions;
b) Provide guidance on and
professional retraining in the examination and handling of documents nationwide;
build and manage forces of collaborators engaged in document examination at
their administrative divisions;
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Article
59. Responsibilities of agencies and individuals in review and systematization
of legislative documents
1. Agencies
specified in Article 64 of the Law (except the Standing Committee of the
National Assembly) shall:
a) Urge, direct, and inspect
the review and systematization of legislative documents within their
competence;
b) Provide guidance on and
professional retraining in the review and systematization of legislative
documents nationwide; build and manage forces of collaborators engaged in the
review and systematization of legislative documents;
c) Conduct preliminary and
summary of the review and systematization of legislative documents;
d) Agencies specified in
clauses 3, 4, 5, 6, and 7 of Article 64 of the Law shall provide information on
review and systematization of documents and results thereof to the Ministry of
Justice for compilation and submission of the Government’s draft report to the
National Assembly and the Standing Committee of the National Assembly.
2. The
Minister of Justice shall:
a) Take responsibility before
the Government for state management of the review and systematization of
legislative documents;
b) Urge, direct, and inspect
the review and systematization of legislative documents by Ministries,
ministerial agencies, and local governments;
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d) Conduct preliminary and
summary of the review and systematization of legislative documents;
3. People's
Committees at all levels shall:
a) Assign in-charge units,
establish assignment and cooperation mechanisms and provide conditions for the
review and systematization of legislative documents;
b) Urge and direct the review
and systematization of legislative documents at their administrative divisions;
c) Provide guidance on and
professional retraining in the review and systematization of legislative
documents nationwide; build and manage forces of collaborators engaged in the
review and systematization of legislative documents;
d) Conduct preliminary and
summary of the review and systematization of legislative documents at their
administrative divisions;
Article
60. Transitional provisions
1. The
examination, review, systematization and handling of effective legislative
documents promulgated before April 1, 2025, which have not yet been or are
being examined, reviewed, systematized and handled shall comply with the
provisions of this Law and Decree; legislative documents that have been
concluded to be unlawful but have not yet been handled shall be handled in
accordance with this Decree.
2. District-level
People's Committees shall examine effective legislative documents of commune-level
People’s Councils and commune-level People's Committees. Divisions of Justice
shall assist the People's Committees at the same level in examining documents
specified in this clause.
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Article
61. Entry into force
This Decree comes into force
from April 1, 2025.
ON BEHALF OF
GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long