1.
Ordinances Sắc lệnh
● Issuing parties: National Assembly Standing Committee
● Function:
- Standing Committee of the National Assembly (ủy ban thường vụ
quốc hội) shall promulgate ordinances to decide the issues assigned
by the National Assembly
- Gather the issues not covered by the law yet.
● Example: No. 28/2005/PL-UBTVQH11: ORDINANCE ON FOREIGN
EXCHANGE CONTROL/ FOREIGN EXCHANGE MANAGEMENT
2. Decrees Nghị định
● Issuing parties: Government
● Function: Decrees issued by the Government usually detail the
articles, clauses and points assigned in the Code and Law, stipulating
specific measures to organize the implementation of the Code and Law
○ Provide the explanation and guidance on the law, codes and
make the law more applicable
● Example: No.118/2021/ND-CP: DECREE ON ELABORATING CERTAIN
ARTICLES AND ENFORCEMENT OF THE LAW ON HANDLING OF
ADMINISTRATIVE VIOLATIONS
3. Circular: Thông tư
● Issuing parties: Procurator General of the Supreme People's Procuracy
(viện kiểm soát nhân dân tối cao), Executive Judge of the Supreme
People's Court (tòa án nhân dân tối cao), Minister (bộ trưởng), Head of
Ministeral Agencies (cơ quan ngang bộ)
● Function: Circulars are usually issued by Ministers and Heads of
Ministerial-level agencies to set out articles, clauses in the Code, Laws
and Decrees, as well as prescribe measures to perform the State
management function of Ministers, Heads of Ministerial-level agencies
(such as detailed regulations on procedures, forms)
○ main function: to provide explanation to make the degree more
specific
● Example; No. 09/2020/TT-NHNN : CIRCULAR ON PRESCRIBING
INFORMATION SYSTEM SECURITY IN BANKING OPERATIONS
4. Decisions
● Issuing parties: People's Committees at all levels
● Function
Orders and decisions of the President.
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
Decision of the Prime Minister The Prime Minister shall promulgate
decisions to prescribe: Art 20
- Operating method of the government and state administration system
from central to local government, regulations on working with
members of the Government, local governments, and other issues
within the competence of the Prime Minister;
- Measures for providing guidelines and coordinating members of the
Government; inspecting adherence to policies of Communist Party,
policies and laws of the State by Ministries, ministerial agencies,
Governmental agencies, and local governments
Article 26. Decisions of State Auditor General State Auditor General shall
promulgate decisions to prescribe state audit standards, audit procedures,
and audit documents
Article 28. Decisions of the People’s Committees of provinces. The
People’s Committees of provinces shall promulgate decisions to
prescribe:
- Specific guidelines for articles, clauses, and paragraphs assigned in
the legislative documents promulgated by superior agencies;
- Measures for implementation of the Constitutions, laws, and legislative
documents promulgated by superior agencies, resolutions of the
People’s Councils at the same administrative level on socio-economic
development, local budget, and national defense and security;
- Measures for performing their state management functions locally.
● Example: No. 08/2022/QD-TTg: DECISION ON IMPLEMENTING RENT
SUPPORT POLICIES FOR EMPLOYEES
