From January 01, 2021, the Law amendments to the Law on promulgation of legislative documents of Vietnam. This article mentions ways to determine the validity of a legislative document that people need to know.
Article table of contents
1. Determining the effective date of a legislative document
Pursuant to Clause 48 Article 1 of the Law amendments to the Law on promulgation of legislative documents 2020 of Vietnam amending and supplementing Article 151 of the Law on promulgation of legislative documents 2015, the effective date of the whole or part of a legislative document shall be specified in the document, and is:
- not sooner than 45 days from the day on which it is ratified or signed if it is promulgated by a central regulatory agency;
- not 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;
- not 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.
2. Determining the invalidity status of a legislative document
According to Article 154 of the Law on promulgation of legislative documents 2015 of Vietnam and Clause 2 Article 38 of the Decree No. 34/2016/NĐ-CP dated May 14, 2016, a legislative document expires in part or in full in the following cases:
- The document expires on the expiration date written therein;
- The document is amended by or replaced with another legislative document which is promulgated by the same regulatory agency;
- The document is annulled by another document of a competent authority;
- When a legislative document expires, the documents elaborating it also expire;
- In case a legal document with contents assigned for detailing ceases to be effective in part, its parts which detail the contents cease to be effective shall cease to be effective concurrently with these contents. In case of impossibility to identify contents ceasing to be effective of a detailing document, such document shall cease to be effective in whole;
- In case a document details many legal documents of which only one document or several documents with contents assigned for detailing cease(s) to be effective, the detailing document shall have its contents ceasing to be effective concurrently with the document(s) with contents assigned for detailing which cease to be effective. In case of impossibility to identify the detailing document’s contents ceasing to be effective, such document shall cease to be effective in whole.
3. The simplest way to determine the validity of a legislative document
This is one of the utilities of LawNet for Customers and Members, specifically as follows:
Method 1: Right below each document name at the homepage of the website lawnet.vn
Method 2: Right below each document name in the Legal Document section
Method 3: At the stamp in effect at the beginning of each document
Method 4: At the Extract at the end of each document
Method 5: At the Text schema of each document
Note: Only Customers who are Basic or Pro members of LAWNET can view the validity status of documents in the above-mentioned ways. To experience this feature, Customers can register and upgrade your accounts at here.
