The correct application of legal documents is the basis for accurate work results. LawNet would like to give customers and members how to apply legal documents from 2021.
Article table of contents
Firstly, determinate the effective dates of legislative documents
Pursuant to the Article 151 of the Law on Promulgation of Legislative Documents 2015 of Vietnam, amended by Point b Clause 1 Article 1 of the Law amendments to the Law on Promulgation of Legislative Documents 2020 of Vietnam, effective dates of legislative documents are as following:
- No sooner than 45 days from the day on which it is ratified or signed if it is promulgated by a central regulatory agency;
- No sooner than 10 days from the day on which it is signed if it is promulgated by the People’s Council or the People’s Committee of a province;
- No sooner than 07 days from the day on which it is signed if it is promulgated by the People’s Council or the People’s Committee of a district or commune.
A legislative document promulgated under simplified procedures may come into force from the day on which it is ratified or signed.
Secondly, apply the document of higher legal force
In case legal documents have different provisions on the same issue, the document with higher legal effect shall be applied.
Note: The legal effect of legal documents is determined based on the position of the promulgating agency in the state apparatus and the legal nature of the document.
Pursuant to Article 4 of the Law on Promulgation of Legislative Documents 2015 of Vietnam, amended by Point b Clause 1 Article 1 of the Law amendments to the Law on Promulgation of Legislative Documents 2020 of Vietnam, the system of legislative documents consists of:
- The Constitution
- Codes and Laws, Resolutions of the National Assembly
- Ordinances, Resolutions of Standing Committee of the National Assembly; Joint Resolutions between Standing Committee of the National Assembly and Management Board of Central Committee of Vietnamese Fatherland Front
- Orders, Decisions of the President
- Decrees of the Government; Joint Resolutions between the Government and Management Board of Central Committee of Vietnamese Fatherland Front
- Decision of the Prime Minister
- Resolutions of Judge Council of the People’s Supreme Court
- 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
- Joint Circulars between the Executive Judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies. Joint Circulars between Ministers and Heads of ministerial agencies shall not be promulgated
- Resolutions of the People’s Councils of central-affiliated cities and provinces
- Decisions of the People’s Committees of provinces
- Legislative documents of local governments in administrative - economic units
- Resolutions of the People’s Councils of districts, towns and cities within provinces
- Decisions of the People’s Committees of districts
- Resolutions of the People’s Councils of communes, wards and towns within districts
- Decisions of the People’s Committees of communes.
Thirdly, apply the provisions of the documents promulgated later
In case legal documents promulgated by the same agency contain different provisions on the same issue, the provisions of the legal documents promulgated later shall be applied.
