Implementing, the Law on Promulgation of Legal Documents
12:20 15/12/2016
Government issued Decree No. 34/2016/ND-CP detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents.(2,5 pages)
This Decree details a number of articles of, and provides measures for implementing, the Law on Promulgation of Legal Documents (below referred to as the Law) regarding proposals for formulation of legal documents, regulatory impact assessment; drafting and appraisal of draft legal documents; formats and techniques of presentation of legal documents, except legal documents of the National Assembly, the National Assembly Standing Committee and the President; “CONG BAO” and public display of legal documents; translation of legal documents into ethnic minority languages and foreign languages; examination and handling of legal documents; review and systematization of legal documents; and assurance of resources for formulation and promulgation of legal documents.
Identification of legal documents
1. A legal document must meet all requirements on contents, competence, form, order and procedures prescribed in the Law.
2. The Prime Minister’s following decisions are not legal documents:
a/ Decisions approving strategies, programs, schemes, projects and plans;
b/ Decisions assigning socio-economic targets to agencies and units;
c/ Decisions establishing universities; establishing steering committees, councils or committees to perform tasks within a certain period of time;
d/ Decisions on commendation, disciplining or work assignment;
dd/ Decisions appointing, relieving from duty, dismissing, permitting the resignation of, or suspending from work, cadres and civil servants;
e/ Other decisions which do not have the contents prescribed in Article 20 of the Law.
3. The following resolutions, which are promulgated by People’s Councils, and decisions, which are promulgated by People’s Committees, are not legal documents:
a/ Resolutions relieving from duty or removing from office People’s Council deputies or holders of other posts;
b/ Resolutions approving results of election of deputies to People’s Councils and election of other posts;
c/ Resolutions dissolving People’s Councils;
d/ Resolutions approving the structures of specialized agencies under People’s Committees of provinces, centrally run cities, rural districts, urban districts, towns or provincial or municipal cities;
dd/ Resolutions on the establishment, merger or dissolution of specialized agencies under People’s Committees; decisions on the establishment of boards, steering boards, councils or committees to perform tasks within a certain period of time;
e/ Resolutions on total payrolls in localities;
g/ Resolutions on local budget estimates and final accounts;
h/ Decisions approving plans;
i/ Decisions assigning targets to each agency or unit;
k/ Decisions on payroll norms of agencies and units; decisions assigning payroll and administrative management expenses to each specialized agency under People’s Committees;
l/ Other resolutions and decisions which do not have the contents prescribed in Article 27, 28, 29 and 30 of the Law.
The legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up.Principles of posting up legal documents:
+ To completely, promptly and accurately post up the full text of documents which are required to be posted up to enable public access to their entire contents;
+To post up legal documents in accordance with law;
+A legal document to be posted up must be the original with seal and signature.
District- and commune-level People’s Councils and People’s Committees shall post up legal documents promulgated by themselves.
Places for posting up legal documents: Legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up at the offices of promulgating agencies; Legal documents of district- and commune-level People’s Councils and People’s Committees may also be posted up at the following places under decisions of chairpersons of People’s Committees of the same level:
a/ Citizen reception places of district-level People’s Committees, for legal documents of district-level People’s Councils and People’s Committees;
b/ Places for receiving and notifying administrative procedure settlement results of district- and commune-level People’s Committees;
c/ District- and commune-level cultural houses; cultural houses of hamlets, villages, residential clusters and street residential quarters;
d/ Commune-level post-culture points;
dd/ Community educational centers;
e/ Other residential point.
Validity of posted documents: Legal documents of district- and commune-level People’s Councils and People’s Committees to be posted up must be the originals. In case of discrepancies between posted documents and those from other sources, posted documents must prevail.
The following legal documents may be translated into English or other foreign languages: Laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; Decrees of the Government and decisions of the Prime Minister promulgated for implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or directly related to the life, work and business of foreigners and foreign enterprises in Vietnam. Agencies in charge of drafting the documents shall assume the prime responsibility for, and coordinate with the Vietnam News Agency and related agencies and organizations in, organizing the translation of legal documents prescribed in Clause 1 of this Article into English or other foreign languages and take responsibility for the accuracy of the translation.
Documents to be examined comprise: Circulars of ministers and heads of ministerial-level agencies; Joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy; Resolutions of People’s Councils, decisions of People’s Committees;Documents which contain legal norms but do not take the form of legal document; documents which contain legal norms or take the form of legal document but are promulgated by agencies or persons without promulgating competence. Documents to be handled comprise: Unlawful documents, including documents promulgated ultra vires; documents with contents contrary to the Constitution or legal documents of higher legal effect; documents seriously violating regulations on order and procedures for formulation and promulgation of legal documents;Documents with errors in promulgation bases or presentation formats or techniques; Documents prescribed at Point d, Clause 1 of this Article.
Contents of document examination: Examination of the document promulgating competence, including examination of competence with regard to form and content; Examination of contents of documents; Examination of promulgation bases; presentation formats and techniques; document formulation and promulgation order and procedures.
This Decree takes effect on July 1, 2016. The Government’s Decree No. 24/2009/ND-CP of March 5, 2009, detailing, and prescribing measures to implement, the Law on Promulgation of Legal Documents; Decree No. 91/2006/ND-CP of September 6, 2006, detailing a number of articles of the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees; Decree No. 40/2010/ND-CP of April 12, 2010, on examination and handling of legal documents; Decree No. 100/2010/ND-CP of September 28, 2010, on Cong Bao; and Decree No. 16/2013/ND-CP of February 6, 2013, on review and systematization of legal documents, cease to be effective on the effective date of this Decree.
This Decree details a number of articles of, and provides measures for implementing, the Law on Promulgation of Legal Documents (below referred to as the Law) regarding proposals for formulation of legal documents, regulatory impact assessment; drafting and appraisal of draft legal documents; formats and techniques of presentation of legal documents, except legal documents of the National Assembly, the National Assembly Standing Committee and the President; “CONG BAO” and public display of legal documents; translation of legal documents into ethnic minority languages and foreign languages; examination and handling of legal documents; review and systematization of legal documents; and assurance of resources for formulation and promulgation of legal documents.
Identification of legal documents
1. A legal document must meet all requirements on contents, competence, form, order and procedures prescribed in the Law.
2. The Prime Minister’s following decisions are not legal documents:
a/ Decisions approving strategies, programs, schemes, projects and plans;
b/ Decisions assigning socio-economic targets to agencies and units;
c/ Decisions establishing universities; establishing steering committees, councils or committees to perform tasks within a certain period of time;
d/ Decisions on commendation, disciplining or work assignment;
dd/ Decisions appointing, relieving from duty, dismissing, permitting the resignation of, or suspending from work, cadres and civil servants;
e/ Other decisions which do not have the contents prescribed in Article 20 of the Law.
3. The following resolutions, which are promulgated by People’s Councils, and decisions, which are promulgated by People’s Committees, are not legal documents:
a/ Resolutions relieving from duty or removing from office People’s Council deputies or holders of other posts;
b/ Resolutions approving results of election of deputies to People’s Councils and election of other posts;
c/ Resolutions dissolving People’s Councils;
d/ Resolutions approving the structures of specialized agencies under People’s Committees of provinces, centrally run cities, rural districts, urban districts, towns or provincial or municipal cities;
dd/ Resolutions on the establishment, merger or dissolution of specialized agencies under People’s Committees; decisions on the establishment of boards, steering boards, councils or committees to perform tasks within a certain period of time;
e/ Resolutions on total payrolls in localities;
g/ Resolutions on local budget estimates and final accounts;
h/ Decisions approving plans;
i/ Decisions assigning targets to each agency or unit;
k/ Decisions on payroll norms of agencies and units; decisions assigning payroll and administrative management expenses to each specialized agency under People’s Committees;
l/ Other resolutions and decisions which do not have the contents prescribed in Article 27, 28, 29 and 30 of the Law.
The legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up.Principles of posting up legal documents:
+ To completely, promptly and accurately post up the full text of documents which are required to be posted up to enable public access to their entire contents;
+To post up legal documents in accordance with law;
+A legal document to be posted up must be the original with seal and signature.
District- and commune-level People’s Councils and People’s Committees shall post up legal documents promulgated by themselves.
Places for posting up legal documents: Legal documents of district- and commune-level People’s Councils and People’s Committees shall be posted up at the offices of promulgating agencies; Legal documents of district- and commune-level People’s Councils and People’s Committees may also be posted up at the following places under decisions of chairpersons of People’s Committees of the same level:
a/ Citizen reception places of district-level People’s Committees, for legal documents of district-level People’s Councils and People’s Committees;
b/ Places for receiving and notifying administrative procedure settlement results of district- and commune-level People’s Committees;
c/ District- and commune-level cultural houses; cultural houses of hamlets, villages, residential clusters and street residential quarters;
d/ Commune-level post-culture points;
dd/ Community educational centers;
e/ Other residential point.
Validity of posted documents: Legal documents of district- and commune-level People’s Councils and People’s Committees to be posted up must be the originals. In case of discrepancies between posted documents and those from other sources, posted documents must prevail.
The following legal documents may be translated into English or other foreign languages: Laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly; Decrees of the Government and decisions of the Prime Minister promulgated for implementation of treaties to which the Socialist Republic of Vietnam is a contracting party or directly related to the life, work and business of foreigners and foreign enterprises in Vietnam. Agencies in charge of drafting the documents shall assume the prime responsibility for, and coordinate with the Vietnam News Agency and related agencies and organizations in, organizing the translation of legal documents prescribed in Clause 1 of this Article into English or other foreign languages and take responsibility for the accuracy of the translation.
Documents to be examined comprise: Circulars of ministers and heads of ministerial-level agencies; Joint circulars of ministers or heads of ministerial-level agencies and the Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme People’s Procuracy; Resolutions of People’s Councils, decisions of People’s Committees;Documents which contain legal norms but do not take the form of legal document; documents which contain legal norms or take the form of legal document but are promulgated by agencies or persons without promulgating competence. Documents to be handled comprise: Unlawful documents, including documents promulgated ultra vires; documents with contents contrary to the Constitution or legal documents of higher legal effect; documents seriously violating regulations on order and procedures for formulation and promulgation of legal documents;Documents with errors in promulgation bases or presentation formats or techniques; Documents prescribed at Point d, Clause 1 of this Article.
Contents of document examination: Examination of the document promulgating competence, including examination of competence with regard to form and content; Examination of contents of documents; Examination of promulgation bases; presentation formats and techniques; document formulation and promulgation order and procedures.
This Decree takes effect on July 1, 2016. The Government’s Decree No. 24/2009/ND-CP of March 5, 2009, detailing, and prescribing measures to implement, the Law on Promulgation of Legal Documents; Decree No. 91/2006/ND-CP of September 6, 2006, detailing a number of articles of the Law on Promulgation of Legal Documents of People’s Councils and People’s Committees; Decree No. 40/2010/ND-CP of April 12, 2010, on examination and handling of legal documents; Decree No. 100/2010/ND-CP of September 28, 2010, on Cong Bao; and Decree No. 16/2013/ND-CP of February 6, 2013, on review and systematization of legal documents, cease to be effective on the effective date of this Decree.