Issuance of Circular 08 by the Minister of Health to annul parts of legislative documents in Vietnam

Issuance of Circular 08 by the Minister of Health to annul parts of legislative documents in Vietnam

On May 24th, 2024, the Minister of Health issued Circular 08/2024/TT-BYT to annul parts of legislative documents in Vietnam issued by the Minister of Health.

Circular 08/2024/TT-BYT takes effect from May 24th, 2024.

In Article 1 of Circular 08/2024/TT-BYT, it specifies the annulment of parts of four Circulars previously issued by the Minister of Health. Specifically, the following parts of the Circulars are annulled:

[1] Circular 30/2020/TT-BYT providing guidance on Decree 146/2018/ND-CP on health insurance:

- Annulling Clause 3 Article 5 of Circular 30/2020/TT-BYT, which regulates the documentation for determining health insurance participants who are former veterans.

- Annulling Clause 3 Article 8 of Circular 30/2020/TT-BYT, which provides guidance on healthcare examination and treatment under health insurance for initial health care.

[2] Circular 18/2020/TT-BYT regulating nutrition activities in hospitals:

- Annulling Article 6 of Circular 18/2020/TT-BYT, which defines the organizational structure for nutrition.

- Annulling Article 8 of Circular 18/2020/TT-BYT, which regulates the infrastructure for nutrition activities.

[3] Circular 21/2020/TT-BYT providing guidelines for granting medical practitioners' certificates for general practitioners:

- Annulling Clause 3 Article 4 of Circular 21/2020/TT-BYT, which specifies the content framework and duration of medical examination and treatment practice.

- Annulling Article 5 of Circular 21/2020/TT-BYT, which regulates the development of practice guidelines.

[4] Circular 24/2019/TT-BYT regulating the management and use of food additives:

Annulling Article 13 of Circular 24/2019/TT-BYT, which regulates administrative sanctions for violations of food safety in the production, business, and use of food additives.

Issuance of Circular 08 by the Minister of Health to annul parts of legislative documents in Vietnam - image from internet

What are purposes of circulars of ministers in Vietnam?

Pursuant to Article 24 of the Law on Promulgation of legislative documents in 2015 stipulating circulars of Ministers and Heads of ministerial agencies:

Circulars of Ministers and Heads of ministerial agencies

Ministers and Heads of ministerial agencies promulgate Circulars 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, decrees of the Government, and decisions of the Prime Minister;

2. Measures for performing their state management functions.

As regulated above, Ministers promulgate Circulars for following purposes:

- Prescribing 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, decrees of the Government, and decisions of the Prime Minister;

- Prescribing measures for performing their state management functions.

What documents are included in the system of legislative documents in Vietnam?

Pursuant to Article 24 of the Law on Promulgation of legislative documents in 2015 (amended by Clauses a and b, Clause 1, Article 1 of the Law on amendments to the Law on Promulgation of legislative documents in 2020) stipulating the system of legislative documents:

1. The Constitution.

2. Codes and Laws (hereinafter 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 Management Board of Central Committee of Vietnamese Fatherland Front; Joint Resolutions between the Standing Committee of the National Assembly, the Government, the Management Board of Central Committee of Vietnamese Fatherland Front.

4. Orders, Decisions of the President.

5. Decrees of the Government; Joint Resolutions between the Government and Management Board of Central Committee of Vietnamese Fatherland Front

6. Decision of the Prime Minister.

7. Resolutions of Judge Council of the People’s Supreme Court.

8. Circulars of the Executive Judge of the People’s Supreme Court; Circulars of the Chief Procurator of the Supreme People’s Procuracy; Circulars of Ministers, Heads of ministerial agencies; Decisions of the State Auditor General.

9. Joint Circulars between the Executive Judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies. Joint Circulars between Ministers and Heads of ministerial agencies shall not be promulgated.

10. Resolutions of the People’s Councils of central-affiliated cities and provinces (hereinafter referred to as provinces).

11. Decisions of the People’s Committees of provinces.

12. Legislative documents of local governments in administrative - economic units.

13. Resolutions of the People’s Councils of districts, towns and cities within provinces (hereinafter referred to as districts).

14. Decisions of the People’s Committees of districts.

15. Resolutions of the People’s Councils of communes, wards and towns within districts (hereinafter referred to as communes).

16. Decisions of the People’s Committees of communes.

Best regards!