To fully annul 09 legislative documents in Vietnam issued by the Minister of Transport as of March 1, 2024

To fully annul 09 legislative documents in Vietnam issued by the Minister of Transport as of March 1, 2024 (Internet image) 

On December 29, 2023, the Minister of Transport issued Circular 50/2023/TT-BGTVT annulling number of legislative documents issued by the Minister of Transport.

To fully annul 09 legislative documents in Vietnam issued by the Minister of Transport as of March 1, 2024

To annul all of the following legal documents issued by the Minister of Transport:

- Decision 2106-QD/BGTVT dated August 23, 1997 of the Minister of Transport promulgating regulations on loading, unloading, delivery, and preservation of goods at Vietnamese seaports.

- Decision 52/2007/QD-BGTVT dated October 31, 2007 of the Minister of Transport promulgating regulations on management of science and technology projects and experimental production projects at ministerial level.

- Circular 33/2013/TT-BGTVT dated October 15, 2013 of the Minister of Transport regulating the tasks, powers, and organization of the Vietnam Aviation Administration Inspectorate.

- Circular 34/2013/TT-BGTVT dated October 15, 2013 of the Minister of Transport regulating the tasks, powers, and organization of the Inspectorate of the Vietnam Maritime Administration.

- Circular 64/2013/TT-BGTVT dated December 31, 2013 of the Minister of Transport regulating the establishment; duties and powers of the advisory department on specialized transportation inspection work.

- Circular 67/2013/TT-BGTVT dated December 31, 2013 of the Minister of Transport regulating the responsibilities of individuals and handling of violations in the inspection work of the transport sector.

- Circular 02/2014/TT-BGTVT dated February 25, 2014 of the Minister of Transport regulating specialized inspection procedures and sanctioning of administrative violations; planning, reporting, and internal management of the transport sector inspectorate.

- Circular 27/2014/TT-BGTVT dated July 28, 2014, of the Minister of Transport on quality management for asphalt used in traffic work construction.

- Circular 32/2016/TT-BGTVT dated November 7, 2016 of the Minister of Transport amending and supplementing an article of Circular 02/2014/TT-BGTVT dated February 25, 2014 of the Minister of Transport regulating specialized inspection procedures and sanctioning administrative violations; planning, reporting, and internal management of the transport sector inspectorate.

Regulations on annulment of legislative documents in Vietnam

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

- 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.

- 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.

- 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

Ho Quoc Tuan

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