Which agency has right to issue the Decree guiding the Land Law 2024 in Vietnam?

Which agency has right to issue the Decree guiding the Land Law 2024 in Vietnam?

Pursuant to Article 19 of the Law on Promulgation of Legislative Documents 2015 stipulating decrees of the government:

Decrees of the government

The Government shall promulgate decrees to prescribe:

1. Specific guidelines for articles, clauses, and paragraphs assigned in the laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President;

2. Specific measures for organizing implementation of the Constitutions, laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly, orders and decisions of the President; measures for implementation of socio-economic policies, policies on national defense and security, finance, budget, taxation, ethnics, religions, culture, education, healthcare, science and technology, environment, diplomacy, officials and civil servants, rights and obligations of citizens, and other issues within the management of the Government; issues related to duties and entitlements of two or more Ministries, ministerial agencies; duties, entitlements, and organizational structure of Ministries, ministerial agencies, Governmental agencies, and other agencies under the management of the Government;

3. Other necessary issues within the competence of the National Assembly or Standing Committee of the National Assembly but are yet to be made into a law or ordinance. Consent of Standing Committee of the National Assembly must be obtained before this type of decree is promulgated.

According to the above regulations in Vietnam, the Government has authority to issue a Decree to detail articles, clauses, and points assigned in the law of the National Assembly.

Therefore, the competent authority to draft and approve the Decrees guiding the Land Law 2024 is the Government in Vietnam.

Which agency has right to issue the Decree guiding the Land Law 2024 in Vietnam? (Image from the Internet)

What is presentation of structure of a legislative document in Vietnam?

Pursuant to Article 62 of Decree 34/2016/ND-CP, some phrases are replaced by Point d, Clause 1, Article 2 of Decree 154/2020/ND-CP regulating the layout of legal documents to be expressed. appears as follows:

(1) Part, chapter, section, sub-section, article, clause, and point;

(2) Part, chapter, section, article, clause, and point;

(3) Chapter, section, sub-section, article, clause, and point;

(4) Chapter, section, article, clause, and point;

(5) Chapter, article, clause, and point; or,

(6) Article, clause, and point.

Note: When presenting the layout of legal documents:

- Text content is presented in lowercase letters, evenly spaced on both margins, in vertical font;

- Font size from 13 to 14; When entering a line, the first line of each paragraph shall be indented 1-1.27cm;

- The paragraph spacing is at least 6 points; The line spacing is at least single or 15 points.

- Each point in the layout of the text must only express one idea and must be presented in a complete sentence or paragraph, do not use other symbols to express ideas in a point.

Parts, chapters, sections, subsections, and articles in the document must have a name. Name is a phrase indicating the main content of sections, sub-sections, articles, clauses, and points.

According to what principles is structure of a legislative document presented in Vietnam?

Pursuant to Article 68 of Decree 34/2016/ND-CP stipulating presentation of the structure of a document:

Presentation of the structure of a document

1. The arrangement of provisions on the same issue in a part, chapter, section or sub-section must adhere to the following principles:

a/ General provisions precede specific provisions;

b/ Substantive provisions precede procedural provisions;

c/ Provisions on rights and obligations precede provisions on sanction;

d/ Universal provisions precede particular provisions;

dd/ General provisions precede provisions on exceptional cases.

...

Thus, the principles of presentation of the structure of a document are as follows:

(1) For the arrangement of provisions on the same issue in a part, chapter, section or sub-section

- General provisions precede specific provisions;

- Substantive provisions precede procedural provisions;

- Provisions on rights and obligations precede provisions on sanction;

- Universal provisions precede particular provisions;

- General provisions precede provisions on exceptional cases.

(2) For document’s structure

- Part is the largest structural unit of a document. Parts of a document are independent from one another;

- Chapter is the second largest structural unit of a document. Chapters of a document are relatively independent from one another and arranged in a systematic and logical manner;

- Section is the third largest structural unit of a document. Sections are divided in a relatively independent and systematic and logical manner. Sections may be used in chapters containing many provisions and articles;

- Sub-section is the fourth largest structural unit of a document. Sections are divided in a relatively independent and systematic and logical manner. Sub-sections may be used in chapters containing many provisions, sections and articles;

- Articles may be presented with clauses and points. Each article shall be presented in full, complete and grammatically correct sentences;

- Clauses are used when an article contains relatively independent ideas. Each clause shows a complete idea and is presented in complete sentences;

- Points are used when a clause contains different ideas.

Best regards!