Are the orders of the President legislative documents in Vietnam?

Are the orders of the President legislative documents in Vietnam? (Internet image)

1. What are legislative documents?

Legislative documents are documents that contain legal regulations and the promulgation of which complies with regulations of law on authority, manner, and procedures provided for in the Law on Promulgation of legislative documents 2015.

Legislative documents that contain legal regulations but the promulgation of which complies with regulations of law on authority, manner, and procedures provided for in the Law on Promulgation of legislative documents 2015 are not considered legislative documents.

In which: 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.

(Article 2, Clause 1, Article 3 of the Law on Promulgation of legislative documents 2015)

2. The system of legislative documents in Vietnam

The system of legislative documents includes:

- The Constitution.

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

- 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.

- 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 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;

Joint Circulars between executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme People’s Procuracy; Joint Circulars between Ministers, Heads of ministerial agencies and executive judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy; Decisions of State Auditor General.

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

- Decisions of the People’s Committees of districts.

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

- Decisions of the People’s Committees of communes.

(Article 4 of the Law on Promulgation of legislative documents 2015, as amended in 2020)

3. Are the orders and decisions of the President legislative documents in Vietnam?

According to the system of legislative documents as in item (2), the orders of the President are a legislative documents

The President shall issue orders and decisions to:

- Declare full or partial mobilization; declare, cancel states of emergency according to resolutions of Standing Committee of the National Assembly; declare, cancel states of emergency nationwide or locally in case Standing Committee of the National Assembly is not able to hold a meeting;

- Decide other issues within the competence of the President

(Article 17 of the Law on Promulgation of legislative documents 2015)

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