Chapter I
GENERAL PROVISIONS
Article 1. Legal documents
1. Legal documents are documents issued or jointly issued by state agencies in accordance with the authority, formats, sequence of steps and procedures prescribed in this Law or the Law on the Promulgation of Legal Documents of Peoples Councils and Peoples Committees, which includes common rules of conducts, which has compulsory effectiveness and the implementation of which is guaranteed by the Government to regulate social relations.
2. Documents which are issued or jointly issued by state agencies but not in accordance with the authority, formats, sequence of steps and procedures prescribed in this Law or the Law on the Promulgation of Legal Documents of Peoples Councils and Peoples Committees are not legal documents.
Article 2. System of legal documents
1. Constitution, laws and resolutions of the National Assembly.
2. Ordinances and resolutions of the Standing Committee of the National Assembly.
3. Orders and decisions of the State President.
4. Decrees of the Government.
5. Decisions of the Prime Minister.
6. Resolutions of the Justices Council of the Supreme Peoples Court and circulars of the Chief Justice of the Supreme Peoples Court.
7. Circulars of the President of the Supreme Peoples Procuracy.
8. Circulars of Ministers or Heads of Ministry-equivalent Agencies.
9. Decisions of the State Auditor General.
10. Joint resolutions of the Standing Committee of the National Assembly or the Government and the central offices of socio-political organizations.
11. Joint circulars of the Chief Justice of the Supreme Peoples Court and the President of the Supreme Peoples Procuracy; those of Ministers or Heads of Ministry-equivalent Agencies and the Chief Justice of the Supreme Peoples Court, the President of the Supreme Peoples Procuracy; those of Ministers or Heads of Ministry-equivalent Agencies.
12. Legal documents of Peoples Councils and Peoples Committees.
Article 3. Principles in the development and promulgation of legal documents
1. Ensuring the constitutionality, legality and consistence of legal documents in the legal system.
2. Complying with the prescribed authority, formats, sequence of steps and procedures in the development and promulgation of legal documents.
3. Ensuring publicity in the development and promulgation of legal documents except ones of the States secret; ensuring transparency of the provisions in legal documents.
4. Ensuring feasibility of legal documents.
5. Causing no difficulties or obstacles to the implementation of the international treaties of which the Socialist Republic of Viet Nam is a member.
Article 4. Participation in the development of legal documents
1. The Viet Nam Fatherland Front and its member organizations, other organizations, state agencies, peoples armed forces and individuals shall have the right to provide comments on draft legal documents.
2. In the process of developing legal documents, the lead drafting agencies/organizations and other concerned agencies/organizations shall be responsible for enabling agencies, organizations, groups and individuals to provide comments on the draft documents and organizing the collection of comments from the direct objects of the legal documents.
3. Comments on the draft documents shall be considered and taken into account during the process of improving and finalizing the documents.
Article 5. Language and other technical aspects of legal documents
1. The language used in legal documents shall be Vietnamese.
The language used in legal documents shall be accurate, popular, articulate and easy to understand.
2. Legal documents shall provide specific regulations directly related to issues that need to be regulated by the documents and no broad regulations and avoid duplication with other legal documents.
3. In the case that a legal document has a broad scope of regulation, it shall, depending on its contents, be divided into parts, chapters, sections, articles, clauses and items/paragraphs; in the case that a legal document has a narrow scope of regulation, it shall consist of articles, clauses and items/paragraphs. All parts, chapters, sections and articles of the legal document shall be titled. There shall be no separate chapter on inspection, complaints, denouncements, rewards and punishments in a legal document unless otherwise indicated.
Article 6. Translation of legal documents into ethnic minority and foreign languages
1. Legal documents may be translated into ethnic minority and foreign languages.
2. The translation of legal documents into ethnic minority and foreign languages shall be decided by the Government.
Article 7. Numbering and coding of legal documents
1. The numbering and coding of legal documents shall indicate clearly their ordinal numbers, years of promulgation, types of documents and promulgating agencies.
2. The ordinal numbering of legal documents shall depend on types of documents and years of promulgation. In the case of laws, ordinances and resolutions of the National Assembly and its Standing Committee, the ordinal numbering shall be based on types of documents and legislatures of the National Assembly.
3. The numbering and coding of legal documents shall be structured as follows:
a) The numbering and coding of laws and resolutions of the National Assembly shall be sequenced as follows: type of document: ordinal number/year of promulgation/abbreviated name of promulgating agency and legislature of the National Assembly ";
b) The numbering and coding of ordinances and resolutions of the Standing Committee of the National Assembly shall be sequenced as follows: type of document: ordinal number/year of promulgation/abbreviated name of promulgating agency and legislature of the National Assembly";
c) The numbering and coding of legal documents other than those referred to in (a) and (b) above shall be sequenced as follows: ordinal number/year of promulgation/type of document in abbreviation - abbreviated name of promulgating agency ".
Article 8. Specific and detailed contents of legal documents
1. The contents of legal documents shall be detailed and specific so that the documents may be effectively enforced as soon as they come into force; in the case that a legal document contains some articles and clauses related to matters of technical process and standards, which are not very stable, those articles and clauses may assign the relevant state agency to provide a document of detailed regulations on such matters. The assigned agency shall not further delegate this job to any others.
2. The latter document of detailed regulations shall provide specific provisions, which do not repeat those in the former document, and shall be promulgated to come into force at the same time with the former document or former articles, clauses and items/paragraphs.
3. An agency that is assigned to provide detailed regulations on several issues of one legal document may promulgate one document of detailed regulations on such issues, except that such detailed regulations should be split into different documents.
An agency that is assigned to provide detailed regulations on issues addressed by more than one legal documents may promulgate one document of detailed regulations on such issues.
Article 9. Revision, replacement, cancellation, abolishment or suspension of legal documents
1. Legal documents shall only be revised, substituted, cancelled or abolished by means of documentation by the state agencies that have promulgated those legal documents or shall be suspended, cancelled or abolished my means of documentation by relevant state agencies.
The documents, which stipulate the revision, replacement, cancellation, abolishment or suspension of other legal documents, shall specify the titles as well as the articles, clauses and items/paragraphs in question of the revised, substituted, cancelled, abolished or suspended documents.
2. When promulgating new legal documents, the promulgating agencies shall revise, cancel or abolish, in these documents, the old documents or the articles, clauses and items/paragraphs of the old documents previously promulgated by the same agencies and contradicting the new ones; in the case that the old documents cannot be revised immediately, the promulgating agencies shall include, in the new documents, a clear list of documents, articles, clauses and items/paragraphs contradicting the new ones and be responsible for revising them before the new documents come into force.
3. A legal document may be promulgated to simultaneously revise, supersede, cancel or abolish the contents of several legal documents promulgated by the same agency.
Article 10. Submission and archiving of legal documents, sets of legal document development proposals and other supporting documents and draft legal documents
1. Legal documents shall be submitted to relevant state agencies for monitoring and examination.
2. Complete sets of legal document development proposals and other supporting documents, drafts and originals of legal documents shall be archived in accordance with the current legislation on archiving.
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Luật ban hành văn bản quy phạm pháp luật 2008 (Bản Word)