Chương 5 Luật Ban hành văn bản quy phạm pháp luật của Hội đồng nhân dân và Uỷ ban nhân dân 2004: Hiệu lực và nguyên tắc áp dụng văn bản quy phạm pháp luật của hội đồng nhân dân, uỷ ban nhân dân

Chapter V

EFFECT AND PRINCIPLES FOR APPLICATION OF LEGAL DOCUMENTS OF PEOPLE’S COUNCILS, PEOPLE’S COMMITTEES

Article 49.- Spatial effect and application subjects of legal documents of People’s Councils, People’s Committees

1. Legal documents of People’s Councils or People’s Committees of certain administrative units shall be effective within such administrative units.

2. In cases where a legal document of a People’s Council or a People’s Committee is effective within a certain scope of its locality, such a scope must be defined right in such document.

3. Legal documents of People’s Councils and People’s Committees are binding on agencies, organizations and individuals when they participate in social relations governed by such legal documents.

Article 50.- Effect of legal documents of People’s Councils, People’s Committees in case of adjustment of administrative boundaries

1. In cases where an administrative unit is divided into new administrative units, the legal documents of the People’s Council or the People’s Committee of the divided administrative unit shall be effective in the new administrative units until the People’s Councils and People’s Committees of new administrative units promulgate superseding legal documents.

2. In cases where many administrative units are merged into one new administrative unit, the legal documents of the People’s Councils or the People’s Committees of merged administrative units shall be effective within such administrative units until the People’s Council or the People’s Committee of the new administrative unit promulgates superseding legal documents.

3. In cases where parts of the territory and population of an administrative unit are merged into another administrative unit, the legal documents of the People’s Council or the People’s Committee of the expanded administrative unit shall be binding on the merged territory and population section.

Article 51.- Effective dates of legal documents of People’s Councils, People’s Committees

1. Legal documents of provincial-level People’s Councils, People’s Committees shall be effective after ten days and must be published in provincial-level newspapers within five days after they are adopted by the People’s Councils or signed for promulgation by the People’s Committee presidents, except for documents which prescribe later effective dates.

Legal documents of district-level People’s Councils or People’s Committees shall be effective after seven days and must be posted up within three days after they are adopted by the People’s Councils or signed for promulgation by the People’s Committee presidents, except for documents which prescribe later effective dates.

Legal documents of commune-level People’s Councils or People’s Committees shall be effective after five days and must be posted up within two days after they are adopted by the People’s Councils or signed for promulgation by the People’s Committee presidents, except for documents which prescribe later effective dates.

Legal documents of People’s Committees providing for measures to solve unexpected or urgent problems prescribed in Article 47 of this Law may prescribe earlier effective dates.

2. Retrospective effect shall not be prescribed for legal documents of People’s Councils, People’s Committees.

Article 52.- Cessation of effect of legal documents of People’s Councils, People’s Committees

1. Legal documents of People’s Councils or People’s Committees, which are suspended from implementation, shall cease to be effective until the issuance of handling decisions of competent State agencies or individuals. In cases where they are not cancelled or annulled, such documents shall continue to be effective. In cases where they are cancelled or annulled, they shall be invalidated.

2. Dates of effect cessation, effect resumption or invalidation of legal documents must be clearly stated in implementation-suspending documents or handling documents of competent State agencies or individuals.

3. Implementation-suspending documents or handling documents of competent State agencies or individuals against unlawful documents of provincial-level People’s Councils or People’s Committees must be published in provincial-level official gazettes or announced on local mass media.

Implementation-suspending documents or handling documents of competent State agencies or individuals against unlawful documents of district-level or commune-level People’s Councils or People’s Committees must be posted up and/or published on local mass media.

Article 53.- Cases where legal documents of People’s Councils or People’s Committees are invalidated

1. Legal documents of People’s Councils or People’s Committees are invalidated in the following cases:

a/ Effective duration prescribed in such documents expires;

b/ They are replaced by new documents of the very agencies having promulgated them;

c/ They are cancelled or annulled under documents of competent State agencies or individuals;

d/ Their governing subjects no longer exist.

2. Where legal documents of People’s Councils or People’s Committees are invalidated, documents detailing or guiding the implementation thereof shall also be invalidated.

Article 54.- Application of legal documents of People’s Councils or People’s Committees

1. Legal documents of People’s Councils or People’s Committees shall apply as from their effective dates.

2. In cases where legal documents of People’s Councils or People’s Committees of the same level contain different provisions on the same matter, the legal documents of the People’s Councils shall apply.

3. In cases where resolutions of the same People’s Council contain different provisions on the same matter, the provisions of the latest resolutions shall apply.

4. In cases where decisions and/or directives of the same People’s Committee contain different provisions on the same matter, the provisions of the latest decisions and/or directives shall apply.