Circular 49/2024/TT-BYT on the annulment of legislative documents jointly issued by the Ministry of Health of Vietnam

Circular 49/2024/TT-BYT on the annulment of legislative documents jointly issued by the Ministry of Health of Vietnam

On December 31, 2024, the Ministry of Health issued Circular 49/2024/TT-BYT to annul certain legislative documents jointly issued by the Ministry of Health.

According to Article 1 of Circular 49/2024/TT-BYT, it stipulates to fully annul 02 legislative documents jointly issued by the Minister of Health. It annuls the following 02 documents:

[1] Joint Circular 45/2014/TTLT-BYT-BLDTBXH guiding the assessment of injuries for war invalids and those entitled to policies equivalent to war invalids

[2] Joint Circular 20/2016/TTLT-BYT-BLDTBXH guiding the examination and assessment of diseases, deformities, and defects related to chemical toxin exposure for those engaged in resistance activities and their offspring

Circular 49/2024/TT-BYT on the annulment of legislative documents jointly issued by the Ministry of Health of Vietnam​ (Image from the Internet)

For which issues do the Ministers in Vietnam issue the Circulars to regulate?

Based on Article 24 of Law on Promulgation of legislative documents 2015, it is stipulated that the Ministers issues Circulars to regulate the following issues:

- Details on clauses, terms, and points assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President, decrees of the Government, decisions of the Prime Minister of the Government.

- Measures to implement their state management functions.

What does the system of legislative documents in Vietnam include?

Based on Article 4 of Law on Promulgation of legislative documents 2015 (supplemented by points a and b, Clause 1 of Article 1 Law on Amendments to the Law on Promulgation of legislative documents 2020) on the system of legislative documents:

Article 4. System of legislative documents

1. Constitution.

2. Codes, laws (hereinafter collectively referred to as laws), resolutions of the National Assembly.

3. Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government, and the Presidium of the Central Committee of the Vietnam Fatherland Front.

4. Orders, decisions of the President.

5. Decrees of the Government; joint resolutions between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front.

6. Decisions of the Prime Minister.

7. Resolutions of the Council of Judges of the Supreme People's Court.

8. Circulars of the Chief Justice of the Supreme People's Court; circulars of the Head of the Supreme People's Procuracy; circulars of Ministers, Heads of ministerial-level agencies; decisions of the State Auditor General.

[...]

Thus, the system of legislative documents is as follows:

[1] Constitution.

[2] Codes, laws (hereinafter collectively referred to as laws), resolutions of the National Assembly.

[3] Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government, and the Presidium of the Central Committee of the Vietnam Fatherland Front.

[4] Orders, decisions of the President.

[5] Decrees of the Government; joint resolutions between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front.

[6] Decisions of the Prime Minister.

[7] Resolutions of the Council of Judges of the Supreme People's Court.

[8] Circulars of the Chief Justice of the Supreme People's Court; circulars of the Head of the Supreme People's Procuracy; circulars of Ministers, Heads of ministerial-level agencies; decisions of the State Auditor General.

[9] Joint circulars between the Chief Justice of the Supreme People's Court, the Head of the Supreme People's Procuracy, the State Auditor General, Ministers, and Heads of ministerial-level agencies. No joint circulars are issued between Ministers and Heads of ministerial-level agencies.

[10] Resolutions of the People's Council of provinces and central-affiliated cities (hereinafter collectively referred to as provincial level).

[11] Decisions of the People's Committee at the provincial level.

[12] legislative documents of the local government in the special administrative-economic unit.

[13] Resolutions of the People's Council of districts, urban districts, district-level towns, provincial cities, cities under central-affiliated cities (hereinafter collectively referred to as district level).

[14] Decisions of the People's Committee at the district level.

[15] Resolutions of the People's Council of communes, wards, commune-level towns (hereinafter collectively referred to as commune level).

[16] Decisions of the People's Committee at the commune level.