Procedures for codification of legal norms to create a sub-title in Vietnam

Procedures for codification of legal norms to create a sub-title in Vietnam (Internet image)

Decree 63/2013/ND-CP stipulates that the codification undertaking agencies shall codify legal norms in legislative documents according to the hierarchy of their legal effect and following procedures:

1. For legal norms in the legislative document whose name is used as the name of the Sub-Title:

• To deal with or request the competent agency to deal with the legislative document in accordance with the provisions of article 10 of this Decree;

• To set aside the contents not to be codified as provided for in article 9 of this Decree; and

• To put all the remaining contents in their existing structure into the Sub-Title.

2. For a guiding legislative document:

• To deal with or request the competent agency to deal with the legislative document in accordance with the provisions of article 10 of this Decree;

• To put articles in the guiding legislative document after the guided articles of the legislative document of higher legal effect;

• Where a number of articles in a legislative document set forth guidance for the implementation of an article in the legislative document of higher legal effect, those articles shall be put after the guided article according to the sequent number of that article in the guiding legislative document;

• Where an article in the guiding legislative document sets forth guidance for the implementation of a number of articles in the legislative document of higher legal effect, that article shall be put after the first guided article and references shall be made for the following articles;

• Where a number of articles in several legislative documents sets forth guidance for the implementation of an article in the legislative document of higher legal effect, those articles shall be put after the guided articles according to the hierarchy of their legal effect or chronologically if they are of the same form;

• Where an article in the guiding legislative document does not set forth guidance for the implementation of any specific article in another legislative document, that article shall be put after the article which has the most related contents in the other legislative document.

• The provisions on implementation and entry into force of a guiding document shall be put after the provisions on implementation and entry into force of the legislative document whose name is used as the name of the Sub-Title according to the hierarchy of their legal effect or chronologically if they are of the same form.

3. The transitional provisions shall be put after the provisions to which the transitional provisions are applied. Where a transitional provision is applied to several articles, that transitional article shall be put after the first article to which the transitional is applied and references shall be made for the remaining articles.

4. Annexes and forms issued together with a legislative document shall be put in the last article providing for the annexes or forms or for their application. Where several articles provide for the application of an annex or a form, the annex or form shall be put in the end of the first article providing for such annex or form or for their application and references shall be made for the remaining articles.

5. Name and number of an article and notes and definition of legal norms whose contents relate to each other shall be according to the provisions of this Decree.

6. The Ministry of Justice shall provide guidance for codification of legislative documents that are not structured by articles and in other cases.

More details can be found in Decree 63/2013/ND-CP, which comes into force from August 15, 2013.

Ty Na

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