Regulation of the Standing Committee of the National Assembly on the Form and Presentation Techniques of Legal Normative Documents by the People's Committees.

Regulations of the Standing Committee of the National Assembly on the format and presentation techniques of legal normative documents of the People's Committee?

Question: May I ask whether the Standing Committee of the National Assembly has regulations on the format and presentation techniques of legal normative documents of the People's Committee?

Answer:

Based on Clause 4 Article 8 of the Law on Promulgation of Legal Normative Documents 2015, the regulations are as follows:

The Standing Committee of the National Assembly regulates the format and presentation techniques of the legal normative documents of the National Assembly, the Standing Committee of the National Assembly, and the President.

The Government of Vietnam regulates the format and presentation techniques of the legal normative documents of other authorities and individuals as specified in this Law.

Thus, the format and presentation techniques of the legal normative documents of the People's Committee are regulated by the Government of Vietnam, not by the Standing Committee of the National Assembly.

Must all legal normative documents be written in Vietnamese?

Question: According to current regulations, must all languages used in legal normative documents be in Vietnamese?

Answer:

According to Clause 1 Article 8 of the Law on Promulgation of Legal Normative Documents 2015, it is stipulated as follows:

The language used in legal normative documents is Vietnamese.

The language used in legal normative documents must be accurate, common, clearly expressed, and easy to understand.

Therefore, the language used in legal normative documents must be in Vietnamese as per the regulation above.

If the referenced legal document becomes obsolete, is the guiding document still valid?

Question: I understand that recently the Government of Vietnam issued Decree 30/2020/ND-CP to replace Decree 110/2004/ND-CP, making Decree 110 invalid. So, is Circular 01/2011/TT-BNV, which guides Decree 110, still valid for application? Please help to clarify, thank you!

Answer:

According to Article 154 of the Law on Promulgation of Legal Normative Documents 2015, it regulates the cessation of validity of legal normative documents in whole or in part in the following cases:

- Upon the expiration of the validity period as stipulated in the document.

- Being amended, supplemented, or replaced by a new legal normative document from the same state authority that issued the original document.

- Being annulled by a document from a competent state authority.

- When the legal normative document ceases to be valid, the guiding legal normative document also ceases to be valid.

Circular 01/2011/TT-BNV only guides Decree 110/2004/ND-CP and its amendments, so from the effective date of Decree 30/2020/ND-CP (March 5, 2020), Decree 110/2004/ND-CP, its amendments, and Circular 01/2011/TT-BNV will cease to be valid.

Respectfully!