Abolishment of 9 legislative documents issued by the Minister of Public Security of Vietnam
What are 9 abolished legislative documents issued by the Minister of Public Security of Vietnam?
On January 16, 2025, the Minister of Public Security issued Circular 06/2025/TT-BCA abolishing legislative documents.
The abolishment includes the entire 9 legislative documents issued by the Minister of Public Security as follows:
[1] Circular 09/TT-BNV(X11) stipulating policies for extra teaching hours payment.
[2] Circular 09/2004/TT-BCA(V19) providing guidance on the application of some protective measures for whistleblowers, witnesses, and victims in drug-related cases.
[3] Circular 41/2009/TT-BCA-V19 supplementing Circular No. 12/2004/TT-BCA(V19) dated September 23, 2004, of the Minister of Public Security guiding the implementation of some provisions of the Ordinance on the Organization of Criminal Investigations 2004 in the People's Public Security.
[4] Circular 51/2012/TT-BCA stipulating policies for political theory study in the People's Public Security.
[5] Circular 41/2014/TT-BCA regulating the management of officers, non-commissioned officers, workers, and public employees in the People's Public Security.
[6] Circular 55/2017/TT-BCA regulating measures for implementing the financial autonomy mechanism of public service providers in the People's Public Security.
[7] Circular 04/2020/TT-BCA regulating equivalent positions in the People's Public Security.
[8] Decision 1103/2000/QD-BCA (E17) promulgating Regulations on the production, storage, preservation, transportation, distribution, use, destruction of CS substances and CS-containing tear gas sprays as support tools for the People's Public Security forces.
[9] Decision 767/2002/QD-BCA on the promulgation of forms for use when registering product quality and producing professional technical equipment and support tools.
Abolishment of 9 legislative documents issued by the Minister of Public Security of Vietnam (Image from the Internet)
What are principles for promulgating legislative documents in Vietnam?
Pursuant to Article 5 of the Law on Promulgation of legislative documents 2015, the principles for drafting and issuing legislative documents are as follows:
- Ensure constitutionality, legality, and consistency of legislative documents within the legal system.
- Comply with proper authority, form, sequence, and procedures for drafting and issuing legislative documents.
- Ensure transparency in the provisions of legislative documents.
- Ensure feasibility, cost-effectiveness, efficiency, promptness, accessibility, and applicability of legislative documents; ensure gender equality integration in legislative documents; ensure administrative procedure reform requirements.
- Ensure requirements for national defense, security, environmental protection, and do not obstruct the implementation of international treaties to which the Socialist Republic of Vietnam is a signatory.
- Ensure openness and democracy in receiving and responding to opinions and recommendations of individuals, agencies, and organizations during the drafting and issuance process of legislative documents.
What actions are prohibited when issuing legislative documents in Vietnam?
Pursuant to Article 14 of the Law on Promulgation of legislative documents 2015 (amended by Clause 4, Article 1 of the Law on Amendments to the Law on Promulgation of legislative documents 2020), the prohibited actions are:
Article 14. Prohibited Actions
- Issuing legislative documents contrary to the Constitution, contrary to legislative documents of higher-level state agencies.
- Issuing documents not part of the legislative document system as specified in Article 4 of this Law but containing legal norms.
- Issuing legislative documents that do not follow authority, form, sequence, and procedure specified in this Law.
[...]
Prohibited actions in the issuance of legislative documents include:
- Issuing legislative documents contrary to the Constitution, contrary to legislative documents of higher-level state agencies.
- Issuing documents not belonging to the legislative document system but containing legal norms.
- Issuing legislative documents without following proper authority, form, sequence, and procedure.
- Stipulating administrative procedures in circulars, inter-ministerial circulars, decisions of the State Auditor General, resolutions of the People's Councils, decisions of the People's Committees, legislative documents of local government in special administrative-economic units;
Except where authorized by laws, resolutions of the National Assembly or in cases deemed necessary to stipulate administrative procedures in resolutions of provincial-level People’s Councils.
