Update on the Effectiveness of 36 Documents under the Ministry of Justice of Vietnam

The Ministry of Justice of Vietnam has just signed Decision 132/QD-BTP announcing the List of legislative documents that have expired, suspended in full or in part, in the field of state management of the Ministry of Justice in 2017.

See details at DECISION 132/QD-BTP dated January 18, 2018

No. Legal Document Content, regulations ceased or suspended Reason Date of cessation (suspension)
 

A- DOCUMENTS PARTIALLY CEASED

  I- JUDICIAL SUPPORT
1 Circular 17/2011/TT-BTP guiding the Law on Lawyers, Decree 28/2007/ND-CP, Decree 131/2008/ND-CP Articles 7, 8, 11, 18, 19, and 23 Repealed by Circular 04/2017/TT-BTP May 28, 2017
  II- SECURED TRANSACTION REGISTRATION
2 Decree 05/2012/ND-CP amending and supplementing decrees on secured transaction registration, legal aid, lawyers, legal consultancy Article 1 Repealed by Decree 102/2017/ND-CP October 15, 2017
  III- ADOPTION
3 Joint Circular 146/2012/TTLT-BTC-BTP on estimation, management, use, and finalization of professional activity funds from adoption registration fees, foreign adoption organization license fees, and foreign adoption resolution expenses Provisions related to the estimation, management, use, and finalization of professional activity funds in adoption resolution work, licensing, renewal, and modification of foreign adoption organization operations in Vietnam Ceased as per Clause 2, Article 6 of Circular 67/2016/TT-BTC January 1, 2017
  IV- LEGAL DISSEMINATION AND EDUCATION
4 Decision 37/2008/QD-TTg approving the Legal Dissemination and Education Program from 2008 to 2012 The first and second schemes at points a and b, Section 6, Part B of the Program Cessation of implementation according to Decision 409/QD-TTg dated April 9, 2012 January 1, 2017
  V- CIVIL JUDGMENT ENFORCEMENT
5 Decree 62/2015/ND-CP guiding the implementation of certain provisions of the Civil Judgment Enforcement Law Articles 46, 47, 48, and other related provisions on civil judgment execution fees Ceased as per point b, Clause 2, Article 8 of Decree 120/2016/ND-CP January 1, 2017
  VI- LEGAL AID
6 Circular 18/2013/TT-BTP guiding the calculation of the implementation time and payment procedures for legal aid cases Article 4 Amended and supplemented by Circular 05/2017/TT-BTP July 1, 2017
  VII- LEGAL FRAMEWORK DEVELOPMENT AND IMPLEMENTATION
7 Decree 55/2011/ND-CP on the functions, tasks, powers, and organizational structure of the legal organization Clause 3a, Article 3; Clause 3a, Article 5; Clause 3a, Article 6 (as amended and supplemented in Article 4 of Decree 48/2013/ND-CP) Repealed by Decree 92/2017/ND-CP September 25, 2017
8 Decree 34/2016/ND-CP on the implementation of the Law on Promulgation of Legal Normative Documents The phrase "administrative procedure control" at point c, Clause 2, Article 174 Repealed by Decree 92/2017/ND-CP September 25, 2017
  VIII- ADMINISTRATIVE VIOLATION HANDLING AND LEGAL ENFORCEMENT MONITORING
9 Decree 81/2013/ND-CP stipulating the Law on Handling of Administrative Violations Article 1; Clause 4, Article 5; Clauses 1 and 2, Article 6; Clause 4, Article 7; Clause 2, Article 10; Clause 3, Article 11; Clause 6, Article 11; Clause 2, Article 12; Clause 3, Article 16; Clauses 1 and 3, Article 19; Point d, Clause 1, Article 21; Point a, Clause 4, Article 21; Clauses 2, 3, and 4, Article 25; Clause 2, Article 27; Clause 1, Article 30; Article 32 Amended and supplemented by Decree 97/2017/ND-CP October 5, 2017
Point g, Clause 3, Article 25; Appendix on record forms and decision forms Repealed by Decree 97/2017/ND-CP October 5, 2017
 

B- DOCUMENTS WHOLLY CEASED

  I- JUDICIAL SUPPORT
10 Decree 17/2010/ND-CP on Asset Auction Replaced by Decree 62/2017/ND-CP July 1, 2017
11 Joint Circular 04/2006/TTLT-BTP-BTNMT guiding the notarization and certification of contracts and documents for the use of land rights Repealed by Circular 04/2017/TT-BTP May 28, 2017
12 Joint Circular 08/2012/TTLT-BTC-BTP guiding the collection rates, policies for collection, payment, management and use of notarization fees Ceased as per Article 7 of Circular 257/2016/TT-BTC January 1, 2017
13 Joint Circular 115/2015/TTLT-BTC-BTP Amending and supplementing Joint Circular 08/2012/TTLT-BTC-BTP
14 Circular 23/2010/TT-BTP guiding Decree 17/2010/ND-CP on asset auction Replaced by Circular 06/2017/TT-BTP July 1, 2017
  II- CIVIL - ECONOMIC
15 Civil Code 2005
**(**No. 33/2005/QH11)
Ceased as per Article 689 of Civil Code 2015 January 1, 2017
  III- SECURED TRANSACTION REGISTRATION
16 Decree 83/2010/ND-CP on secured transaction registration Replaced by Decree 102/2017/ND-CP October 15, 2017
17 Joint Circular 69/2011/TTLT-BTC-BTP guiding the policies for collection, payment, management, and use of secured transaction registration fees, fees for providing information on secured transactions, and frequent customer service fees Replaced by Circular 202/2016/TT-BTC January 1, 2017
  IV- CRIMINAL - ADMINISTRATIVE
18 Resolution 109/2015/QH13 on the implementation of Criminal Code Ceased as per Article 4 of Resolution 41/2017/QH14 and the effective implementation of Criminal Procedure Code 2015, Law on Organization of Criminal Investigation Agencies 2015, Law on Enforcement of Temporary Detention and Custody 2015 July 5, 2017
19 Resolution 144/2016/QH13 on postponing the effectivity of Criminal Code 2015, Criminal Procedure Code 2015, Law on the Organization of Criminal Investigative Agencies 2015, Law on Enforcement of Temporary Detention and Custody 2015 July 5, 2017
  V- CIVIL STATUS, NOTARIZATION
20 Joint Circular 158/2015/TTLT-BTC-BTP on collection rates, policies for collection, payment, and management of fees for certifying copies from originals, certified signatures, certified contracts, and transactions Replaced by Circular 226/2016/TT-BTC January 1, 2017
  VI- LEGAL DISSEMINATION AND EDUCATION
21 Decision 09/2013/QD-TTg on the Regulation of the legal access standard of citizens at the grassroots level Annulled by Decision 14/2017/QD-TTg May 08, 2017
22 Circular 339/1998/TT-BTP guiding the implementation of Decision 03/1998/QD-TTg Annulled by Circular 04/2017/TT-BTP May 28, 2017
  VII - FIELD OF CIVIL JUDGMENT ENFORCEMENT
23 Joint Circular 144/2010/TTLT-BTC-BTP guiding policies on collection, payment, management, and use of civil judgment enforcement (CJE) fees Replaced by Circular 216/2016/TT-BTC January 1, 2017
24 Joint Circular 184/2011/TTLT-BTC-BTP guiding the financial management mechanism for organizing forcible CJE Replaced by Circular 200/2016/TT-BTC January 1, 2017
25 Joint Circular 136/2012/TTLT-BTC-BTP stipulating the estimation, management, use, and settlement of expenses ensuring CJE agency operations and asset management/settlement teams of bankrupt enterprises, cooperatives January 1, 2017
26 Circular 01/2011/TT-BTP stipulating the form, principle of issuance, usage of Executor Card, Inspector Card in CJE, and uniform, insignia, rank distinctions of officials in the CJE system Annulled by Circular 02/2017/TT-BTP May 7, 2017
27 Circular09/2012/TT-BTP on procedures for appointment, re-appointment, resignation, dismissal, demotion of officials in leadership positions under the General Department of CJE; leaders of CJE Departments, specialized departments under CJE Departments; leaders of CJE Sub-Departments May 7, 2017
28 Circular10/2012/TT-BTP on organizing examinations for primary-level Executors May 7, 2017
29 Circular13/2013/TT-BTP on occupational standards for leaders, managers under CJE Departments and CJE Sub-Departments May 7, 2017
  VIII- FIELD OF PERSONNEL ORGANIZATION
30 Decree 22/2013/ND-CP stipulating the functions, duties, powers, and organizational structure of the Ministry of Justice Replaced by Decree 96/2017/ND-CP August 16, 2017
31 Decision 483/TCCB-QD on issuing occupational standards for judicial administrative officials Annulled by Circular 04/2017/TT-BTP May 28, 2017
  IX- FIELD OF LEGISLATION AND LEGAL AFFAIRS
32 Joint Circular 01/2005/TTLT-BTP-BNV guiding the implementation of Decree 122/2004/ND-CP on functions, duties, powers, and organization of legal departments in ministries, ministerial-level agencies, agencies under the Government of Vietnam, specialized agencies under the People's Committees of provinces and centrally-run cities, and state-owned enterprises Annulled by Circular 04/2017/TT-BTP May 28, 2017
33 Joint Circular 47/2012/TTLT-BTC-BTP on the estimation, management, use, and settlement of state budget funds ensuring the development and perfection of legal documents of the People's Councils and People's Committees Replaced by Circular 338/2016/TT-BTC February 15, 2017
34 Joint Circular 92/2014/TTLT-BTC-BTP-VPCP guiding the estimation, management, use, and settlement of state budget funds ensuring the development of legal documents and perfection of the legal system Replaced by Circular 338/2016/TT-BTC February 15, 2017
35 Circular 07/2005/TT-BTP guiding the implementation of Decree 122/2004/ND-CP Annulled by Circular 04/2017/TT-BTP May 28, 2017
  X- FIELD OF ADMINISTRATIVE VIOLATION HANDLING AND LAW IMPLEMENTATION MONITORING
36 Circular 20/2014/TT-BTP on forms used during the application of administrative handling measures for education at commune, ward, commune-level town, and alternative administrative handling measures for management at home for juveniles as stipulated by Decree 111/2013/ND-CP Annulled by Circular 04/2017/TT-BTP on April 12, 2017 May 28, 2017

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