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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
355-TTg
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Hanoi,
May 28, 1997
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DECISION
ON
THE ESTABLISHMENT OF THE GOVERNMENT STEERING COMMITTEE FOR OVERALL REVISION AND
SYSTEMIZATION OF LEGAL DOCUMENTS
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Law on the Promulgation of Legal Documents of November 12,
1996;
To put the work of revising and systemizing legal documents into order and on a
regular basis and to perform the task of the overall revision of legal
documents in two years 1997 and 1998;
At the proposals of the Minister of Justice and the Minister-Director of the
Office of the Government,
DECIDES:
Article 1.- To set up the
Government Steering Committee for Overall Revision and Systemization of Legal
Documents, composed of the following members:
1. The Minister of Justice, as
the Chairman;
2. A Deputy Director of the
Office of the Government, as the Vice Chairman;
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4. A Vice Minister of Finance,
as member;
5. A Vice-Chairman of the
Government Commission on Organization and Personnel, as member;
The Chairman of the Steering
Committee shall invite leading officials of the Office of the National
Assembly, the Office of the State President, the Supreme Peoples Court and the
Supreme Peoples Procuracy to participate in the Government Steering Committee.
The Government Steering
Committee shall be assisted by a group of specialists to be decided by the
Committee; the Committees office is placed at the Ministry of Justice.
Article 2.-
The Government Steering Committee for Overall Revision and Systemization of
Legal Documents shall have the following tasks and powers:
1. To organize training courses
and provide professional guidances on the revision and systemization of legal
documents for the ministries, branches and localities;
2. To urge and inspect the
implementation of the plan on overall revision and systemization of legal
documents promulgated by the Prime Minister together with this Decision and
periodically report to the Prime Minister;
3. To sum up and process results
of the overall revision conducted by the ministries, branches and localities so
as to report to the Prime Minister;
4. To decide the publication of
the overall contents, the collection work and selection of legal documents.
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Article 3.-
The Ministers, the Heads of the miniterial-level agencies and the agencies
attached to the Government, the Presidents of the Peoples Committees of the
provinces and cities directly under the Central Government shall have to
organize the overall revision and systemization of legal documents in
accordance with the Prime Ministers plan attached to this Decision.
Article 4.-
The fund for the overall revision and systemization of legal documents
conducted by the Government Steering Committee shall be supplied by the State
budget.
The Ministry of Finance shall
coordinate with the Ministry of Justice and the Office of the Government in
determining, guiding and inspecting the use of this fund.
Article 5.-
The Ministers, the Heads of the ministerial-level agencies, the Heads of the
agencies attached to the Government, the Presidents of the Peoples Committees
of the provinces and cities directly under the Central Government and members
of the Government Steering Committee for Overall Revision and Systemization of
Legal Documents shall have to implement this Decision.
FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
PLAN
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On November 12, 1996, the XIth
National Assembly at its 11th session passed the Law on the Promulgation of
Legal Documents. Article 8 of the said Law stipulates: "The State agencies
shall, within the scope of their tasks and powers, have to regularly revise and
periordically systemize the legal documents; when detecting an illegal,
contradictory or overlapping provision or any provision which is no longer
suitable to the situation of national development, they shall either by
themselves or recommend a competent State agency to make timely amendments,
supplements or replacements, or to annul or suspend its implementation".
To put the work of revising and systemizing legal documents into order as
prescribed by law, the Prime Minister has ratified the following plan on the
overall revision and systemization of legal documents:
I. ON THE SCOPE AND TYPES OF
LEGAL DOCUMENTS TO BE REVISED
1. Under the Law on the
Promulgation of Legal Documents, legal documents to be revised include:
- Laws and Resolutions passed by
the National Assembly;
- Ordinances and Resolutions of
the National Assembly Standing Committee;
- Orders and Decisions of the
State President;
- Resolutions and Decrees of the
Government; Decisions and Directives of the Prime Minister;
- Decisions, Directives and
Circulars of the Ministers, the Heads of the ministerial-level agencies and the
agencies attached to the Government;
- Resolutions and Circulars
jointly issued by the competent State agencies and socio-political
organizations;
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- Decisions and Directives of
the Peoples Committees of the provinces and cities directly under the Central
Government.
In their executive activities,
the ministries, branches and localities also promulgate documents in other
forms such as: announcement, plan, official dispatch...that contain legal
provisions. Therefore, all legal provisions which have been promulgated in the
above-mentioned forms of document and are currently in force must also be
revised this time.
2. Regarding the time of
promulgation of legal documents to be revised: Legal documents to be revised shall
be those which were promulgated from after July 2, 1976 to the end of December
31, 1996.
II. OBJECTIVES, TASKS OF THE
OVERALL REVISION AND SYSTEMIZATION OF LEGAL DOCUMENTS
1. Objectives of the overall
revision:
- To detect legal documents
which are contradictory, overlapping, contrary to the provisions of the
Constitution, laws and ordinances or which have been promulgated ultra vires
during the period from July 2, 1976 to the end of December 31, 1996 for
handling by competent agencies or making lists of legal documents to be
proposed to the competent State agencies for annulment, amendment or
supplement;
- To draw up and make public
lists of legal documents, publish systemized volumes of currently effective
legal documents for unified application in the whole country and in each
locality.
2. Tasks of the overall
revision:
To the above-said ends, the
ministries, the ministerial-level agencies, the agencies attached to the
Government and the Peoples Committees of the provinces and cities directly
under the Central Government (hereafter referred commonly to as the ministries,
branches and localities) shall, within the ambit of their functions, tasks and
powers, organize the revision and processing of legal documents according to
their competence and make lists of legal documents to be sent to the Government
Steering Committee for Overall Revision and Systemization of Legal Documents.
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- To make full lists of legal
documents promulgated from after July 2, 1976 to the end of December 31, 1996
regarding branches or fields under the charge of the ministries, the
ministerial-level agencies and the agencies attached to the Government (Laws
and Resolutions of the National Assembly; Ordinances and Resolutions of the
National Assembly Standing Committee; Orders and Decisions of the State
President; Resolutions and Decrees of the Government; Decisions and Directives
of the Prime Minister; Decisions, Directives and Circulars of the Ministers,
the ministerial-level agencies and the agencies attached to the Government;
Joint Circulars of the ministries, the ministerial-level agencies and the
agencies attached to the Government; Joint Circulars of the Supreme Peoples Court
and the Supreme Peoples Procuracy or the central bodies of socio-political
organizations;
Due to changes in the functions,
tasks and organizational structure of the ministries, the ministerial-level
agencies and the agencies attached to the Government (the splitting or merger
of the ministries and branches), it is necessary to specify in the lists those
legal documents which stipulate issues previously under the charge of some
ministries or branches but now under the charge of the others.
- To make lists of legal
documents which are no longer effective and have been annulled or replaced;
- To make lists of legal
documents which are still effective;
- To make lists of currently
effective legal documents which contain provisions that need to be amended, supplemented
or annulled;
- To make lists of legal
documents issued ultra vires;
b/ The Peoples Committees of the
provinces and cities directly under the Central Government shall have:
- To make full lists of legal
documents issued by the Peoples Committees of the provinces and cities directly
under the Central Government from after July 2, 1976 to the end of December 31,
1996.
With regard to newly splitted
provinces or cities, the lists must specify clearly those legal documents which
have been applied to the old provinces or cities and now still apply to the new
provinces or cities as well as legal documents which have been issued by the
new Peoples Councils or Peoples Committees.
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- To make lists of legal
documents issued by the Peoples Councils or Peoples Committees of the provinces
and cities directly under the Central Government which remain effective.
- To make lists of legal
documents issued by the higher-level State agencies (the National Assembly, the
National Assembly Standing Committee, the State President, the Prime Minister, the
ministries, the ministerial-level agencies and the agencies attached to the
Government) which, through the process of their implementation in the
localities, are deemed no longer suitable and should be proposed for amendment,
supplement or annulment.
c/ The Government Steering
Committee for Overall Revision and Systemization of Legal Documents shall have:
1. To sum-up and readjust lists
of legal documents made and sent to it by the ministries, branches and Peoples
Committees of the provinces and cities directly under the Central Government.
Depending on the lists of legal documents, the Steering Committee shall
organize seminars to collect comments of the related agencies and
socio-political organizations and make lists of legal documents to be submitted
to the Government for processing according to its competence or for processing
by the competent agencies at the request of the Government.
Such lists include:
- Lists of legal documents which
are no longer effective and have been annulled or replaced;
- Lists of currently effective
legal documents issued by the National Assembly, the National Assembly Standing
Committee, the State President, the Government and the Prime Minister.
2. To coordinate with the
Supreme Peoples Court and the Supreme Peoples Procuracy in revising and
systemizing legal documents that fall under the functions, tasks and powers of
the Supreme Peoples Court and the Supreme Peoples Procuracy as well as legal
documents issued by the Supreme Peoples Court and the Supreme Peoples Procuracy.
3. To consider and decide the
printing and publication of the overall contents, the collection work and
selection of legal documents; to direct the ministries, branches and localities
in publishing systemized volumes of legal documents issued by such ministries,
branches and localities.
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1. On organization of
implementation:
a/ Each ministry,
ministerial-level agency or agency attached to the Government shall set up a Steering
Board for overall revision of legal documents issued by such ministry or branch
with the Minister or a Vice Minister as the Head and the Head of the Legal
Department as the standing Deputy Head (in agencies where a Legal Department
has not been set up, the Director of the Ministrys Office shall be the standing
Deputy Head). The Steering Board is assisted by a group of specialists from the
Legal Department and units attached to the ministry or branch.
b/ The Peoples Committee of each
province or city directly under the Central Government shall set up a Steering
Board for overall revision of legal documents with the President of the Peoples
Committee of such province or city as the Head and the Director of the
provincial/municipal Justice Service as the standing Deputy Head. The Steering
Board is assisted by a group of specialists from the Justice Service and the
Office of the Peoples Committee of each province or city directly under the
Central Government.
c/ Decisions on the
establishment of the Steering Boards for overall revision of legal documents of
the ministries, branches and Peoples Committees of the provinces and cities
directly under the Central Government and the plans on the overall revision
elaborated by such ministries, branches and localities must be sent to the
Prime Minister and the Government Steering Committee before June 15, 1997 (the
Ministry of Justice, 25A Cat Linh, Hanoi).
2. On the implementation
timetable: To ensure that the overall revision and readjustment of legal
documents be conducted promptly, accurately and fruitfully, the ministries,
branches and localities must comply with the following timetable:
- From June 15, 1997 to August
15, 1997, the Government Steering Committee shall organize a professional
training course on the revision and systemization of legal documents for cadres
of the ministries, branches and localities who take charge of the revision and
systemization of legal documents.
- From September 1997 to
December 1997, the ministries, branches and localities shall gather and make
full lists of legal documents under their charge, which were promulgated from
after July 2, 1976 to the end of December 31, 1996.
- From December 12, 1997 to June
1998, the ministries, branches and localities shall conduct the revision, make
lists of legal documents to be supplemented, amended or annulled and lists of
legal documents to be proposed to the competent State agencies for amendment,
supplement, annulment or replacement and send them to the Government Steering
Committee before June 30, 1998.
- From July 1998 to August 1998,
the ministries, branches and localities shall complete lists of currently
effective legal documents within their scope of management.
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- In June 1997, the Ministry of
Justice shall make an estimate of expenditures for the overall revision of
legal documents according to the contents and the implementation timetable in
1997 and 1998 and shall take initiative in coordinating with the Ministry of
Finance in the implementation of Article 4 of Decision No.355-TTg of May 28,
1997.
The ministries, the
ministerial-level agencies, the agencies attached to the Government, the
Peoples Committes of the provinces and cities directly under the Central
Government shall have to organize the implementation of this plan and every
three months report to the Prime Minister and the Government Steering Commitee
for Overall Revision and Systemization of Legal Documents (to address: 25A, Cat
Linh, Hanoi).