To fully annul 05 legislative documents issued by the Ministry of Health

To fully annul 05 legislative documents issued by the Ministry of Health (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On November 14, 2023, the Minister of Health issued Circular 20/2023/TT-BYT annulling a number of legislative documents issued by the Minister of Health.

To fully annul 05 legislative documents issued by the Ministry of Health

Specifically, the following legislative documents issued by the Ministry of Health will be fully annulled:

(1) Directive 06/2008/CT-BYT dated June 27, 2008 of the Minister of Health on enhancing the quality of medical human resources training.

(2) Decision 379/2002/QD-BYT dated February 8, 2002 of the Minister of Health promulgating regulations on health statistics.

(3) Circular 29/2014/TT-BYT dated August 14, 2014 of the Minister of Health defining forms and regulations on health statistical reports applied for private medical examination and treatment facilities.

(4) Circular 19/2015/TT-BYT dated July 15, 2015 of the Minister of Health on inspection, processing, review, and systematization of legislative documents in the field of state management of the Ministry of Health.

(5) Circular 30/2015/TT-BYT dated October 12, 2015 of the Minister of Health providing for the import of medical equipment.

In addition to abolishing all of the above-mentioned documents, the Ministry of Health also partially annulled five other legislative documents, as follows:

- Articles 8, 12, 13, 14, 15, 16, and 17 of Circular 17/2001/TT-BYT dated August 1, 2001 of the Minister of Health guiding foreign companies in registration for trading in medicines and medicine materials in Vietnam.

- Clause 5, Section II, Section III, Section IV, and Section V of Circular 10/2003/TT-BYT dated December 16, 2003 of the Minister of Health guiding foreign companies to register their activities on vaccines and medical biological products with Vietnam.

- Content related to the import of in vitro diagnostic biological products in Circular 47/2010/TT-BYT dated December 29, 2010 of the Minister of Health providing guidance on the export, import of medicines and packaging directly contacted with medicines.

- Clause 4 of Article 1 of Circular 47/2011/TT-BYT dated December 21, 2011 of the Minister of Health amending and supplementing a number of articles of Circular 17/2001/TT-BYT dated August 1, 2001 of the Minister of Health to guide the foreign companies in registration for trading in medicines and medicine materials in Vietnam and Circular 10/2003/TT-BYT dated December 16, 2003 of the Minister of Health guiding foreign companies to register operations on vaccines and medical biological products with Vietnam.

- Point b, Clause 1, Article 9, Circular 29/2015/TT-BYT dated October 12, 2015 of the Minister of Health regulating the issuance and re-issuance of Certificates as Herbalists.

Circular 20/2023/TT-BYT takes effect on January 1, 2024.

Amendment, replacement, annulment, and suspension of legislative documents in Vietnam

Specifically, Article 12 of the Law on Promulgation of Legislative Documents 2015 (amended in 2020) stipulates the amendment, replacement, annulment, and suspension of legislative documents as follows:

(1) A legislative document may only be amended, replaced, or annulled by another legislative document promulgated by the same regulatory agency that promulgated the original one or suspended or annulled by a competent regulatory agency or competent person in writing. The amending, replacing, annulling or suspending document must specify every document, part, chapter, section, subsection, article, clause, and point that are amended, replaced, annulled or suspended.

The document that annuls another legislative document must be published on the Official Gazette and posted as prescribed.

(2) When promulgating a legislative document, if the promulgating agency must amend or annul every document and every part, chapter, section, subsection, article, clause, and point of the document which contravene regulations of the new document right within the new document. If such task cannot be performed immediately, every part, chapter, section, subsection, article, clause and point which contravenes the new document must be specified in the new document and the task must be performed before the new document comes into force.

Every part, chapter, section, subsection, article, clause, and point of the document which contravenes regulations of the new document but need applying must be specified in the new document.

(3) A legislative document may be promulgated to amend, replace or annul contents of multiple legislative documents promulgated by the same agency in the following cases:

- It is necessary to implement an international agreement to which the Socialist Republic of Vietnam is a signatory;

- The provisions to be amended, replaced or annulled are closely related to each other, and such amendment, replacement or annulment is necessary to ensure the consistency of legislative documents containing such provisions with the new one;

- It is necessary to implement the approved plan to simplify administrative procedures

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