Codification is the process whereby a state agency reviews, compiles, and arranges effective legal norms in legal documents issued by central state agencies, excluding the Constitution, to establish the Code.
According to the provisions of the Legal Code System Ordinance 2012, the implementation of the legal codification must ensure the following principles:
First, do not change the content of the codified legal norm.
Second, follow the hierarchy of legal effectiveness of legal norms from high to low.
Third, update newly issued legal norms into the Code and remove expired legal norms from the Code.
Fourth, comply with the authority, order, and procedures for codification.
Additionally, the Ordinance specifies the authorities responsible for codification as follows:
- Ministries and ministerial-level agencies are responsible for codifying legal norms in legal documents issued or primarily drafted by them; legal norms in legal documents presented by agencies, organizations, or National Assembly deputies adjusting issues within their state management domain.
- The Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office are responsible for codifying legal norms in legal documents issued or primarily drafted by them; legal norms in legal documents presented by agencies, organizations, or National Assembly deputies adjusting issues within their operational domain.
- The Office of the National Assembly is responsible for codifying legal norms in legal documents issued by the National Assembly, the Standing Committee of the National Assembly, adjusting issues that do not fall under the codification authority of state agencies specified in Clause 1 and Clause 2, Article 4 of the Legal Code System Ordinance 2012.
- The Office of the President is responsible for codifying legal norms in legal documents issued by the President which do not fall under the codification authority of state agencies specified in Clause 1 and Clause 2, Article 4 of the Legal Code System Ordinance 2012.
For more related content, please refer to: Legal Code System Ordinance 2012 effective July 1, 2013.
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