Inadequacies in the Law on Promulgation of legislative documents of Vietnam

Specifically, according to Article 4 of the Law on Promulgation of legislative documents 2015 of Vietnam, the system of legislative documents is specified as follows: the Constitution; Codes and Laws (hereinafter referred to as Laws), Resolutions of the National Assembly; Ordinances, Resolutions of Standing Committee of the National Assembly; Joint Resolutions between Standing Committee of the National Assembly and Management Board of Central Committee of Vietnamese Fatherland Front; Orders, Decisions of the President; Decrees of the Government; Joint Resolutions between the Government and Management Board of Central Committee of Vietnamese Fatherland Front; Decision of the Prime Minister; Resolutions of Judge Council of the People’s Supreme Court; Circulars of 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; Joint Circulars between executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy; Joint Circulars between Ministers, Heads of ministerial agencies and executive judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy; Decisions of State Auditor General; etc.

Thus, according to Clause 8 Article 4 of the Law on Promulgation of legislative documents 2015 of Vietnam, only Joint Circulars between executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy, Joint Circulars between Ministers, Heads of ministerial agencies and executive judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy are legislative documents. This Clause does not mention Joint Circulars between ministers and heads of ministerial-level agencies as previously prescribed in the Law on Promulgation of legislative documents 2008. Specifically, according to Article 2 of the Law on Promulgation of legislative documents 2008 of Vietnam, the system of legal documents includes: Constitution, laws and resolutions of the National Assembly; Ordinances and resolutions of the Standing Committee of the National Assembly; Orders and decisions of the State President; Decrees of the Government; Decisions of the Prime Minister; Resolutions of the Justices Council of the Supreme People's Court and circulars of the Chief Justice of the Supreme People's Court; Circulars of the President of the Supreme People's Procuracy; Circulars of Ministers or Heads of Ministry-equivalent Agencies; Decisions of the State Auditor General; Joint resolutions of the Standing Committee of the National Assembly or the Government and the central offices of socio-political organizations; Joint circulars of the Chief Justice of the Supreme People's Court and the President of the Supreme People's Procuracy; those of Ministers or Heads of Ministry-equivalent Agencies and the Chief Justice of the Supreme People's Court, the President of the Supreme People's Procuracy; those of Ministers or Heads of Ministry-equivalent Agencies; etc.

With the provision of Clause 8 Article 4 of the Law on Promulgation of legislative documents 2015 of Vietnam, it means that the joint circular between ministers and heads of ministerial-level agencies is not recognized as a legislative document. Recently, to guide the implementation of a number of Government decrees, a series of new joint circulars have been issued between ministers and heads of ministerial-level agencies, so, from July 01, 2016, will these joint circulars be applied? Do these joint circulars have legal value or are they just in nature as a document used for exchange between state agencies or between state agencies and political organizations, professional political organizations, social organizations, mass organizations or between organizations and other individuals?

In order to avoid the case that the newly enacted and newly effective law has to be amended and supplemented, it is recommended that the central authorities carefully review the content of Clause 8 Article 4 of the Law on Promulgation of legislative documents 2015. Thereby, advising the Government to issue a decree guiding the implementation of this article.

Source: Binh Phuoc Online

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