Current system of legislative documents in Vietnam

Current system of legislative documents in Vietnam (Internet image) 

1. What are normative regulations?

Normative regulations are general rules of conduct, commonly binding, and applied repeatedly to agencies, organizations and individuals nationwide or within a certain administrative division, promulgated by the regulatory agencies and competent persons in this Law, and the implementation of which is ensured by the State.

(In Clause 1, Article 3 of the Law on Promulgation of legislative documents 2015)

2. The current system of legislative documents in Vietnam

Pursuant to Article 4 of the Law on Promulgation of legislative documents 2015 stipulates the system of legislative documents as follows:

(1) The Constitution.

(2) Codes and Laws (hereinafter referred to as Laws), Resolutions of the National Assembly

(3) Ordinances, Resolutions of the Standing Committee of the National Assembly;

Joint Resolutions between the Standing Committee of the National Assembly and the Management Board of Central Committee of Vietnamese Fatherland Front;

Joint Resolutions between the Standing Committee of the National Assembly, the Government, the Management Board of Central Committee of Vietnamese Fatherland Front.

(4) Orders, Decisions of the President.

(5) Decrees of the Government; Joint Resolutions between the Government and Management Board of Central Committee of Vietnamese Fatherland Front

(6) Decision of the Prime Minister.

(7) Resolutions of Judge Council of the People’s Supreme Court.

(8) Circulars of the 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; Decisions of the State Auditor General.

(9) Resolutions of the People’s Councils of central-affiliated cities and provinces (hereinafter referred to as provinces).

(10) Decisions of the People’s Committees of provinces.

(11) Legislative documents of local governments in administrative - economic units.

(12) Resolutions of the People’s Councils of districts, towns and cities within provinces (hereinafter referred to as districts).

(13) Decisions of the People’s Committees of districts.

(14) Resolutions of the People’s Councils of communes, wards and towns within districts (hereinafter referred to as communes).

(15) Decisions of the People’s Committees of communes.

3. Rules for formulating and promulgating legislative documents in Vietnam

In Article 5 of the Law on Promulgation of legislative documents 2015, the rules for formulating and promulgating legislative documents are as follows:

- Ensure the constitutionality, legitimacy, and uniformity of legislative documents in the legal system.

- Comply with regulations of law on authority, manner, and procedures for formulating and promulgating legislative documents.

- Ensure transparency of legislative documents.

- Ensure the feasibility, frugality, effectiveness, promptness, accessibility, and practicality of legislative documents; integrate gender equality issues in legislative documents; ensure simplification of administrative procedures.

- Ensure national defense and security, environmental protection without obstruction of implementation of the international agreements to which the Socialist Republic of Vietnam is a signatory.

- Ensure publicity and democracy in receipt of and response to opinions, complaints of agencies, organizations, and individuals during the process of formulating and promulgating legislative documents.

4. Language and format of legislative documents in Vietnam

In Article 8 of the Law on Promulgation of legislative documents 2015, the language and format of legislative documents are as follows:

- The language of legislative documents is Vietnamese.

The language of legislative documents is Vietnamese must be accurate, common, clear, and understandable.

- Contents of legislative documents must be specific, not vague, and not include the contents of other legislative documents.

- Depending of its content, a legislative document may be separated into parts, chapters, sections, sub-sections, articles, clauses, paragraphs; each part, chapter, section, subsection, and article of a legal document must have a title.  Issues related to inspection, complains, denunciation, reward and commendation, and actions against violations shall not be separated into a new chapter if there are no new contents.

- Standing Committee of the National Assembly shall specify the format of legislative documents of the National Assembly, Standing Committee of the National Assembly, and the President.

The government shall specify the format of legislative documents of other competent agencies and persons prescribed in the Law on Promulgation of legislative documents 2015.

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