Regulations on amendment, replacement, annulment or suspension of legislative documents in Vietnam

Regulations on amendment, replacement, annulment or suspension of legislative documents in Vietnam
Lê Trương Quốc Đạt

What are the regulations on amendment, replacement, annulment or suspension of legislative documents in Vietnam? - Ngoc Yen (Tien Giang)

Quy định về sửa đổi, bổ sung, thay thế, bãi bỏ hoặc đình chỉ việc thi hành văn bản quy phạm pháp luậtRegulations on amendment, replacement, annulment or suspension of legislative documents in Vietnam
Regulations on amendment, replacement, annulment or suspension of legislative documents in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on amendment, replacement, annulment or suspension of legislative documents in Vietnam

Regulations on amending, supplementing, replacing, annulling or suspending the implementation of legal documents under Article 12 of the Law on Promulgation of legislative documents 2015 (amended in 2020) are as follows:

- A legislative document may only be amended, replaced, or annulled by another legislative document promulgated by the same regulatory agency that promulgated the original one or suspended or annulled by a competent regulatory agency or competent person in writing.

The amending, replacing, annulling or suspending document must specify every document, part, chapter, section, subsection, article, clause, and point that are amended, replaced, annulled or suspended.

The document that annuls another legislative document must be published on the Official Gazette and posted as prescribed.

- When promulgating a legislative document, if the promulgating agency must amend or annul every document and every part, chapter, section, subsection, article, clause, and point of the document which contravene regulations of the new document right within the new document

. If such task cannot be performed immediately, every part, chapter, section, subsection, article, clause and point which contravenes the new document must be specified in the new document and the task must be performed before the new document comes into force.

Every part, chapter, section, subsection, article, clause, and point of the document which contravenes regulations of the new document but need applying must be specified in the new document.

- A legislative document may be promulgated to amend, replace or annul contents of multiple legislative documents promulgated by the same agency in the following cases:

+ It is necessary to implement an international agreement to which the Socialist Republic of Vietnam is a signatory;

+ The provisions to be amended, replaced or annulled are closely related to each other, and such amendment, replacement or annulment is necessary to ensure the consistency of legislative documents containing such provisions with the new one;

+ It is necessary to implement the approved plan to simplify administrative procedures

2. Rules for formulating and promulgating legislative documents in Vietnam

Rules for formulating and promulgating legislative documents under Article 5 of the Law on Promulgation of legislative documents 2015 are as follows:

- Ensure the constitutionality, legitimacy, and uniformity of legislative documents in the legal system.

- Comply with regulations of law on authority, manner, and procedures for formulating and promulgating legislative documents.

- Ensure transparency of legislative documents.

- Ensure the feasibility, frugality, effectiveness, promptness, accessibility, and practicality of legislative documents; integrate gender equality issues in legislative documents; ensure simplification of administrative procedures.

- Ensure national defense and security, environmental protection without obstruction of implementation of the international agreements to which the Socialist Republic of Vietnam is a signatory.

- Ensure publicity and democracy in receipt of and response to opinions, complaints of agencies, organizations, and indivi

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