What are the forms of law? What are 3 forms of law? What are regulations on legislative documents system in Vietnam?

What are the forms of law? What are 3 forms of law?

Currently, the law does not define the concept of the form of law. However, the concept of the form of law is the means by which the ruling class expresses its will and society, the method of its existence, and the actual form of law.

The 3 forms of law include customary law, precedent law, and legislative documents.

- Customary law is a form of law in which the state recognizes certain customs that have been passed down in society, aligning with the interests of the ruling class and elevates them to the level of law. Customary law was a prevalent form of law in slave and feudal states.

- Precedent law is the form in which the state acknowledges the decisions of administrative or judicial bodies that have legal effect when dealing with specific cases, using them as a legal basis for applying to later cases with similar content.

Precedent law is a common source of law in slave law, feudal law, and bourgeois law (especially in countries following the Anglo-American legal system). Precedent law includes precedents in administrative cases and case-law of the courts.

legislative documents are the written form of law, usually issued by representative bodies (Law) and often have higher validity compared to other forms.

Note: The content is for reference purposes only!

What are the forms of law? What are 3 forms of law? What are regulations on legislative documents system in Vietnam?​ (Image from the Internet)

What is the current system of legislative documents in Vietnam?

Based on Article 4 of the Law on Promulgation of Legal Documents 2015 (supplemented by Article 1 of the Law on Amendments and Supplements to the Law on Promulgation of Legal Documents 2020), there are 26 types of legislative documents in the system of legislative documents in Vietnam as follows:

(1) The Constitution of the National Assembly;

(2) The Code of the National Assembly;

(3) The Law of the National Assembly;

(4) The Resolution of the National Assembly;

(5) The Ordinance of the Standing Committee of the National Assembly;

(6) The Resolution of the Standing Committee of the National Assembly;

(7) The Joint Resolution between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front;

(8) The Joint Resolution between the Standing Committee of the National Assembly, the Government of Vietnam, and the Presidium of the Central Committee of the Vietnam Fatherland Front;

(9) The Order of the President;

(10) The Decision of the President;

(11) The Decree of the Government of Vietnam;

(12) The Joint Resolution between the Government of Vietnam and the Presidium of the Central Committee of the Vietnam Fatherland Front;

(13) The Decision of the Prime Minister of the Government of Vietnam;

(14) The Resolution of the Council of Judges of the Supreme People's Court;

(15) The Circular of the Chief Justice of the Supreme People's Court;

(16) The Circular of the Chief Prosecutor of the Supreme People's Procuracy;

(17) The Circular of the Minister, the Head of the Ministry-level Agency;

(18) The Joint Circular between the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy, the State Auditor General, the Minister, the Head of the Ministry-level Agency;

(19) The Decision of the State Auditor General;

(20) The Resolution of the Provincial People's Council;

(21) The Decision of the Provincial People's Committee;

(22) The legislative documents of the local government in an administrative-economic special unit;

(23) The Resolution of the District People's Council;

(24) The Decision of the District People's Committee;

(25) The Resolution of the Commune People's Council;

(26) The Decision of the Commune People's Committee.

What are principles of drafting and issuing legislative documents in Vietnam?

According to Article 5 of the Law on Promulgation of Legal Documents 2015, there are 6 principles for drafting and issuing legislative documents in Vietnam, including:

- Ensuring the constitutionality, legality, and consistency of legislative documents within the legal system.

- Complying with the correct authority, form, process, and procedures for drafting and issuing legislative documents.

- Ensuring transparency in the provisions of legislative documents.

- Ensuring feasibility, cost-effectiveness, efficiency, promptness, accessibility, and ease of implementation of legislative documents; ensuring gender equality issues are integrated into legislative documents; and ensuring administrative procedure reform requirements.

- Ensuring national defense, security, environmental protection, and not obstructing the implementation of international treaties that the Socialist Republic of Vietnam is a member of.

- Ensuring openness and democracy in receiving and responding to opinions and recommendations of individuals, agencies, and organizations during the drafting and issuing process of legislative documents.