Group 1:
Dương Minh Ngọc
Dương Ngọc Ánh
Phan Ngọc Yến Nhi
Trần Như Quỳnh
Trần Phương Anh
Phạm Tuấn Chương
1. Please list the system of legal documents in Vietnam.
No. Name of legal documents Authority
1 The Constitution National Assembly
2 Codes and Laws, Resolutions National Assembly
3 Ordinances, Resolutions Standing Committee of the National
Assembly
4 Joint resolutions Standing Committee of the National
Assembly and Presidium of the Central
Committee of the Vietnam Fatherland
Front
5 Joint resolutions Standing Committee of the National
Assembly, Government, and Presidium of
the Central Committee of the Vietnam
Fatherland Front
6 Orders and decisions President
7 Decrees Government
8 Joint resolutions Government and Presidium of the Central
Committee of the Vietnam Fatherland
Front
9 Decisions Prime Minister
10 Resolutions Judicial Council of the Supreme People’s
Court
11 Circulars Chief Justice of the Supreme People’s
Court
12 Circulars Procurator General of the Supreme
People’s Procuracy
13 Circulars Ministers and heads of ministerial-level
agencies
14 Decisions State Auditor General
15 Joint circulars Chief Justice of the Supreme People’s
Court, Procurator General of the Supreme
People’s Procuracy, State Auditor
General, ministers, and heads of
ministerial-level agencies
16 Resolutions Provincial-, district- or commune-level
People’s Councils
17 Legal documents Local administrations in special
administrative-economic units
18 Decisions Provincial-, district- or commune-level
People’s Committees
2. Introduce the application of legislative documents
Article 156:
1. Legislative documents are applicable from their effective date.
Legislative documents shall be applied to the acts committed at the time such
documents are effective, except for those that have retrospective effect.
2. If various legislative documents contain different regulations on the same
issue, the superior document shall apply.
3. If various legislative documents promulgated by the same agency contain
different regulations on the same issue, the one that is promulgated later shall apply.
4. If the new legislative document does not contain legal liability or impose a
less serious legal liability on the acts committed before the effective date of the
document, the new document shall apply.
5. Application of Vietnam’s legislative documents must not obstruct the
implementation of the international agreements to which the Socialist Republic of
Vietnam is a signatory. In case a Vietnam’s legislative documents other than the
Constitution and an international agreement to which the Socialist Republic of
Vietnam is a signatory contain different regulations on the same issue, the
international agreement shall apply.
3. Introduce the effect of legislative documents
a. Effective dates
1. The effective date of the whole or part of a legislative document shall be specified
in the document. Nevertheless, the effective date 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,
or 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, or 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.
2. A legislative document promulgated under simplified procedures may come into
force from the day on which it is ratified or sign and must be immediately published
on information portal of the promulgating agency and posted on the media; such
document must be published on Official Gazette of Socialist Republic of Vietnam or
the province within 03 days from the day on which it is announced
b. Geographical effect
1. Legislative documents of central regulatory agencies are effective nationwide and
applied to every organization and individual, unless otherwise prescribed by a
legislative document of superior regulatory agency or an international agreement to
which the Socialist Republic of Vietnam is a signatory.
2. Legislative documents of the People’s Council and the People’s Committee of an
administrative division is effective within the administrative division. This must be
specified in the documents.
If there are changes in administrative division, the geographical effect and regulated
entities of legislative documents will change as follows:
If an administrative division is divided into multiple administrative
divisions of the same level, the legislative documents promulgated by the People’s
Council and the People’s Committee of the divided administrative divisions still apply
to the new administrative divisions until the People’s Councils and the People’s
Committees of the new administrative divisions promulgate substitute legislative
documents;
If an administrative division is divided into multiple administrative
divisions of the same level, the legislative documents promulgated by the People’s
Council and the People’s Committee of the divided administrative divisions still apply
to the new administrative divisions until they are replaced by legislative documents of
the People’s Councils and the People’s Committees of the new administrative
divisions;
If part of the geographical area and population of an administrative
division is transferred to another administrative division, legislative documents of the
People’s Council and the People’s Committee of the expanded administrative division
will be applied to the transferred geographical area and population.
c. Scope
This Law provides for principles, authority, manners, procedures for formulating and
promulgating legislative documents, responsibilities of regulatory agencies,
organizations, and individuals in formulating legislative documents.
This Law does not deal with the formulation and revisions of the Constitution.
