From January 01, 2021, there will be 03 additional cases of drafting and promulgating legal normative documents according to a simplified procedure. To be specific: as stipulated in the amended 2020 Law on Promulgation of Legal Normative Documents.
Added 03 cases for issuing legal documents in summary process - Illustration
According to Clause 44, Article 1 of the Amended Law on the Promulgation of Legal Documents 2020, three additional cases have been added for the creation and promulgation of legal documents in a summary process. Specifically, these cases are:
- The case requiring the immediate promulgation of a legal document to implement relevant international treaties to which the Socialist Republic of Vietnam is a member.- The case requiring the partial or complete abolition of illegal or obsolete legal documents that no longer suit the socio-economic development circumstances.- The case requiring the extension of the application period for the entire or part of a legal document within a specific timeframe to address urgent issues arising in practice.
Thus, from January 1, 2021, there will be a total of 06 cases where the creation and promulgation of legal documents will follow the summary process.
Regarding the authority to decide on the creation and promulgation of legal documents in the summary process, there are also several changes under this Law, specifically:
- The Prime Minister of the Government of Vietnam decides on the application of the summary process in creating and promulgating decrees of the Government of Vietnam, decisions of the Prime Minister of the Government of Vietnam; decides on the application of the summary process for circulars issued by Ministers or Heads of Ministerial-level agencies in urgent cases to address issues arising in practice as stipulated in Clause 1, Article 146 of the 2015 Law on the Promulgation of Legal Documents.
- Ministers, Heads of Ministerial-level agencies, Chief Justices of the Supreme People's Court, Chief Prosecutors of the Supreme People's Procuracy, and the State Auditor General decide on the application of the summary process for legal documents they promulgate in cases stipulated in Clauses 2 and 4, Article 146 of the 2015 Law on the Promulgation of Legal Documents.
See additional regulations at: Amended Law on the Promulgation of Legal Documents 2020, effective from January 1, 2021.
Thu Ba