13 legislative documents proposed for full annulment in Vietnam

13 legislative documents proposed for full annulment in Vietnam (Image from the internet)

Reasons for proposing the full annulment of certain legislative documents

According to the Ministry of Justice, during the recent review process, it was discovered that some legislative documents are no longer applied in practice but lack legal grounds to determine their expiration as per the provisions of the Laws on Promulgation of legislative documents (1996, 2008, 2015 and the amended and supplemented Laws on Promulgation of legislative documents).

In principle, these documents are still considered to be “in effect.” Therefore, to ensure the transparency and openness of the legal system, and to comply with the effect conformity of documents according to the Law on Promulgation of legislative documents 2015 (amended and supplemented in 2020), Decree 34/2016/ND-CP dated May 14, 2016, of the Government of Vietnam detailing and guiding the implementation of the Law on Promulgation of legislative documents 2015 (amended and supplemented by Decree 154/2020/ND-CP), the issuance of documents to abolish the above-mentioned documents is necessary.

Through the review process and based on the proposals of various ministries and agencies, the Ministry of Justice has concluded that there are 13 legislative documents of the Government of Vietnam that need to be entirely abolished.

The following are the 13 legislative documents proposed for full annulment in Vietnam according to the draft Decree on Abolishing Certain legislative documents of the Government of Vietnam, specifically:

1. Decree 78-CP dated June 18, 1997, of the Government of Vietnam regulating military insignia, ranks, ceremonial uniforms, military flags, control badges, service plates, banners, and identity cards of the Border Guard.

2. Decree 103/2002/ND-CP dated December 17, 2002, of the Government of Vietnam regulating compensation and allowances policies for individuals, families, agencies, and organizations participating in drug prevention and control that suffer losses in life, health, and property.

3. Decree 04/2003/ND-CP dated January 16, 2003, of the Government of Vietnam regulating rewards for individuals, families, agencies, and organizations with achievements in drug prevention and control.

4. Decree 18/2005/ND-CP dated February 24, 2005, of the Government of Vietnam regulating the establishment, organization, and operation of mutual insurance organizations.

5. Decree 35/2005/ND-CP dated March 17, 2005, of the Government of Vietnam on handling discipline for officials.

6. Decree 120/2007/ND-CP dated July 23, 2007, of the Government of Vietnam guiding the implementation of certain provisions of the Youth Law.

7. Decree 30/2009/ND-CP dated March 30, 2009, of the Government of Vietnam amending and supplementing certain provisions of Decree 105/2004/ND-CP dated March 30, 2004, of the Government of Vietnam on independent auditing.

8. Decree 01/2011/ND-CP dated January 5, 2011, of the Government of Vietnam on the issuance of Government bonds, Government-guaranteed bonds, and local government bonds.

9. Decree 16/2011/ND-CP dated February 22, 2011, of the Government of Vietnam amending and supplementing Decree 105/2004/ND-CP dated March 30, 2004, of the Government of Vietnam on independent auditing.

10. Decree 04/2015/ND-CP dated January 9, 2015, of the Government of Vietnam on implementing democracy in the operations of state administrative agencies and public service provider.

11. Decree 51/2015/ND-CP dated May 26, 2015, of the Government of Vietnam on providing legal opinions.

12. Decree 78/2017/ND-CP dated July 3, 2017, of the Government of Vietnam amending and supplementing certain provisions of Decree 120/2007/ND-CP dated July 23, 2007, of the Government of Vietnam guiding the implementation of certain provisions of the Youth Law.

13. Decree 161/2018/ND-CP dated November 29, 2018, of the Government of Vietnam amending and supplementing certain regulations on the recruitment, use, and management of officials and public employees, promotion of officials, upgrading of public employees’ positions, and implementation of contract policies for certain types of work in state administrative agencies and public service provider.

For more information, refer to the Draft Decree of the Government of Vietnam on abolishing certain legislative documents of the Government of Vietnam.

Nguyen Huu Hiep

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