Chương 1 Luật Ban hành văn bản quy phạm pháp luật của Hội đồng nhân dân và Uỷ ban nhân dân 2004: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Legal documents of People’s Councils or People’s Committees

1. Legal documents of People’s Councils or People’s Committees are documents promulgated by People’s Councils or People’s Committees according to the competence, order and procedures prescribed by this Law and containing common codes of conduct, which are effective within their localities and guaranteed by the State for implementation aiming to regulate social relations in the localities along the socialist orientation.

2. Legal documents of People’s Councils are promulgated in form of resolutions. Legal documents of People’s Committees are promulgated in form of decisions or directives.

Article 2.- Scope of promulgation of legal documents of People’s Councils, People’s Committees

1. People’s Councils shall promulgate legal documents in the following cases:

a/ To decide on undertakings, policies or measures to ensure the implementation of the Constitution, laws, legal documents of superior State agencies;

b/ To decide on plans on socio-economic development, budgets, defense or security in their respective localities;

c/ To decide on measures to stabilize and improve people’s life, or to accomplish tasks assigned by superior authorities;

d/ To decide within the ambit of their vested powers on undertakings and peculiar measures suitable to local socio-economic development conditions with a view to bringing into full play local potentials, which, however, must not be contrary to legal documents of superior State agencies;

e/ To prescribe a specific matter under written assignment by superior State agencies.

2. People’s Committees shall promulgate legal documents in the following cases:

a/ Furthering the Constitution, laws or legal documents of superior State agencies, or resolutions of People’s Councils of the same level on socio-economic development, defense and security consolidation;

b/ Performing the State management functions and materializing other policies in their localities;

c/ Prescribing a specific matter under written assignment by superior State agencies.

Article 3.- Constitutionality, legality and consistency of legal documents of People’s Councils, People’s Committees in the legal system

1. Legal documents of People’s Councils, People’s Committees must conform with the Constitution, laws and legal documents of superior State agencies, ensure their uniformity and legal-effect ranks in the legal system; legal documents of People’s Committees must also conform with resolutions of People’s Councils of the same level.

2. Legal documents of People’s Councils, People’s Committees, which are contrary to the Constitution, laws and legal documents of superior State management, legal documents of People’s Committees, which are contrary to those of People’s Councils of the same level, must be promptly suspended from implementation, amended, cancelled or annulled by competent State agencies or individuals.

Article 4.- Contribution of comments on draft legal documents of People’s Councils, People’s Committees

1. Vietnam Fatherland Front and its member organizations, other agencies, organizations, and individuals have the right to contribute their comments on draft legal documents of People’s Councils or People’s Committees.

2. In the process of drafting legal documents of People’s Councils or People’s Committees, the concerned agencies shall have to create conditions for agencies, organizations and individuals defined in Clause 1 of this Article to contribute their comments on such draft documents.

3. Basing themselves on the nature and contents of draft legal documents of People’s Councils or People’s Committees, the concerned agencies shall have to organize the collection of comments of subjects directly affected by such documents within the appropriate scope and in appropriate forms.

4. Comment-collecting agencies shall have to study and assimilate comments in order to revise draft documents.

Article 5.- Effect of legal documents of People’s Councils, People’s Committees

Legal documents of People’s Councils, People’s Committees must prescribe their effect in terms of time, space and application subjects.

Article 6.- Languages of legal documents of People’s Councils and People’s Committees

1. Legal documents of People’s Councils and People’s Committees are presented in Vietnamese language.

Languages used in documents must be accurate, universal and expressed in an explicit and easy-to-understand style. Jargons, which need to be clarified in terms of their purport must be interpreted in documents.

2. Legal documents of People’s Councils and/or People’s Committees may be translated into ethnic minority languages. The translation of legal documents of People’s Councils and/or People’s Committees into ethnic minority languages shall be prescribed by People’s Committees of provinces or centrally-run cities.

3. Legal documents of People’s Councils and/or People’s Committees may be translated into foreign languages. The translation of legal documents of People’s Councils and/or People’s Committees into foreign languages shall be prescribed by the Government.

Article 7.- Serial numbers and signs of legal documents of People’s Councils and People’s Committees

1. Legal documents promulgated by People’s Councils or People’s Committees must be ordinally numbered with the year of promulgation and specific signs for each type of document.

The giving of ordinal numbers must start with 01 for each type of document, followed by the year of promulgation of such type of document.

Signs of legal documents of People’s Councils or People’s Committees are structured as follows: Ordinal number of the document/ the year of promulgation/abbreviated name of the type of document – abbreviated name of the document-promulgating agency.

2. Abbreviated names of document types and promulgating agencies are prescribed as follows:

a/ Nghi quyet (Resolution) is abbreviated to NQ, quyet dinh (decision) is abbreviated to QD, chi thi (directive) is abbreviated to CT;

b/ Hoi dong nhan dan (People’s Council) is abbreviated to HDND, Uy ban nhan dan (People’s Committee) is abbreviated to UBND.

Article 8.- Publication in the Official Gazette, posting up, notification, sending and archival of documents

1. Legal documents of People’s Councils and People’s Committees of the provinces or centrally-run cities (hereinafter referred collectively to as provincial-level People’s Councils and People’s Committees) must be published in the provincial-level Official Gazette. The publication in the Official Gazette of legal documents of provincial-level People’s Councils and People’s Committees shall comply with the Government’s regulations.

Documents published in the Official Gazette shall have the same effect as the original documents.

The provincial-level People’s Committees shall be responsible for managing the Official Gazette issues.

2. Legal documents of People’s Councils and People’s Committees must be published on the mass media in localities.

Legal documents of People’s Councils or People’s Committees of rural districts, urban districts, provincial capitals or provincial towns (hereinafter referred collectively to as district-level People’s Councils and People’s Committees), legal documents of People’s Councils or People’s Committees of communes, wards or district townships (hereinafter referred collectively to as commune-level People’s Councils and People’s Committees) must be posted up at head offices of the promulgating agencies and other places decided by presidents of People’s Committees of the same level.

3. Legal documents of People’s Councils or People’s Committees must be sent to their immediate superior State agencies, agencies with supervision or inspection competence, concerned agencies, organizations and individuals in localities within three days after they are adopted by the People’s Councils or signed for promulgation by People’s Committee presidents. Legal documents of provincial-level People’s Councils must be sent to the National Assembly’s Standing Committee and the Government; legal documents of provincial-level People’s Councils and People’s Committees must be sent to delegations of National Assembly deputies.

4. Legal documents of People’s Councils and People’s Committees must be archived according to law provisions on archival.

Article 9.- Supervision and inspection of legal documents of People’s Councils, People’s Committees

1. The National Assembly Standing Committee, the delegations of National Assembly deputies and the National Assembly deputies shall, within the ambit of their respective tasks and powers, supervise the legal documents of People’s Councils and People’s Committees.

2. The Government, ministries, ministerial-level agencies, Government-attached agencies shall, within the ambit of their respective tasks and powers, inspect the legal documents of People’s Councils, People’s Committees.

3. The People’s Councils, the Standing Bodies of People’s Councils, People’s Council deputies, the People’s Committees and People’s Committee presidents shall, within the ambit of their respective tasks and powers, supervise and inspect the legal documents of the immediate subordinate People’s Councils and People’s Committees; the People’s Councils shall supervise the legal documents of People’s Committees of the same level.

4. Vietnam Fatherland Front and its member organizations, other agencies and organizations and local people shall take part in supervising legal documents of People’s Councils and People’s Committees and requesting competent agencies and/or individuals to handle unlawful legal documents.

5. The supervision and inspection of legal documents and the handling of legal documents of People’s Councils and People’s Committees involving law violations shall comply with law provisions.

Article 10.- Revision and systematization of legal documents of People’s Councils and People’s Committees

1. Legal documents of People’s Councils and People’s Committees must be regularly revised and periodically systematized.

2. People’s Committees shall have to organize the revision and systematization of the legal documents of their own and the People’s Councils of the same level.

3. Judicial agencies of People’s Committees (hereinafter called judicial agencies) are tasked to assume the prime responsibility for, and coordinate with concerned agencies and organizations in, assisting the People’s Committees of the same level in revising and systematizing legal documents of the People’s Councils and People’s Committees of their levels, in order to promptly propose amendment, supplementation, replacement, cancellation, annulment or suspension of implementation of documents.

Article 11.- Amendment, supplementation, replacement, cancellation, annulment or suspension of implementation of legal documents of People’s Councils, People’s Committees

1. Legal documents promulgated by People’s Councils or People’s Committees shall be amended, supplemented, replaced, cancelled or annulled only by documents of the very People’s Councils or People’s Committees, which have promulgated such documents or be suspended from implementation, cancelled or annulled by documents of competent agencies or individuals.

2. Documents amending, supplementing, replacing, canceling, annulling or suspending the implementation of other documents must clearly state the titles, articles, clauses or points of the amended, supplemented, replaced, cancelled, annulled or implementation-suspended documents.