Chương VIII Luật Ban hành Văn bản quy phạm pháp luật 1996: Hiệu lực của văn bản quy phạm pháp luật và nguyên tắc áp dụng văn bản quy phạm pháp luật

Chapter VIII

EFFECT OF LEGAL DOCUMENTS AND PRINCIPLES OF APPLICATION OF LEGAL DOCUMENTS

Article 75.- Effective time of legal documents

1. A law or resolution of the National Assembly, an ordinance or resolution of the Standing Committee of the National Assembly shall take effect from the date on which the State President signs an order to promulgate it, unless such document specifies another effective date.

2. A legal document of the State President shall take effect from the date of its publication in the Official Gazette, unless such document specifies another effective date.

3. A legal document of the Government, the Prime Minister, a Minister, a Head of a ministerial-level agency, a Head of an agency attached to the Government, the Justice Council of the Supreme People’s Court, the Chairman of the Supreme People’s Procuracy or a joint legal document shall take effect fifteen days after its signing or later if so specified in such document. With regard to a legal document of the Government for which the Prime Minister stipulates the implementation measures in an emergency state, it may specify an earlier effective date.

Article 76.- Retroactive effect of legal documents

1. Only in extremely necessary cases a legal document may have a retroactive effect.

2. The retroactive effect shall not be allowed to apply in the following cases:

a/ Determining a new legal responsibility for an act done at a time when no legal responsibility for it is prescribed by law.

b/ Determining a more serious legal responsibility.

Article 77.- Cases where the effect of legal documents is suspended

1. A legal document of which the implementation is suspended shall cease to be effective until there is a decision of a competent State agency deciding that:

a/ The document is not annulled in which case it shall continue to be effective;

b/ The document is annulled in which case its effect shall expire.

2. The time when a document ceases to be effective, continues to be effective or its effect expired has must be clearly specified in the decision to suspend its implementation or in the decision of the competent State agency to handle it.

3. The decision to suspend the implementation of a legal document or the decision of the competent State agency to handle it must be published in the Official Gazette and publicized over the mass media.

Article 78.- Cases where the effect of legal documents cease to be effective

The effect of a legal document shall expire as a whole or in part in the following cases:

1. Upon the expiration of the effective time specified in the document;

2. It is replaced with a new document of the agency which has issued such document;

3. It is annulled by a document of a competent State agency;

4. When the effect of a document expires, the document(s) stipulating in details and guiding the implementation of the document shall also expire except in cases where some part or the whole of such document(s) remains effective because it still conforms to the new legal document(s).

Article 79.- Effect in terms of space and objects of regulation

1. Legal documents of the central State agencies shall be effective on the national scale and apply to all agencies, organizations and citizens of Vietnam, unless otherwise stipulated in the documents.

2. Legal documents of the People’s Councils and the People�s Committees shall be effective on a local scale.

3. Legal documents shall also have effect over foreign agencies, organizations and people in Vietnam, except otherwise provided for by Vietnamese laws or international agreements which the Socialist Republic of Vietnam has signed or acceded to.

Article 80.- Application of legal documents

1. A legal document shall apply from the time it takes effect. A legal document shall apply to an act(s) happening at the time when such document takes effect.

If the document has a provision on retroactive effect, such provision shall apply.

2. If legal documents have different provisions on the same issue, the document of higher legal effect shall apply.

3. If legal documents issued by the same agency on the same issue have different provisions, the latest document shall apply.

4. If a new legal document stipulates no legal responsibility or a slighter legal responsibility for an act happening prior to the date of its effect, the new document shall apply.

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