Chương I: Nghị định 34/2016/NĐ-CP quy định chi tiết và biện pháp thi hành Luật ban hành văn bản quy phạm pháp luật Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of, and provides measures for implementing, the Law on Promulgation of Legal Documents (below referred to as the Law) regarding proposals for formulation of legal documents, regulatory impact assessment; drafting and appraisal of draft legal documents; formats and techniques of presentation of legal documents, except legal documents of the National Assembly, the National Assembly Standing Committee and the President; “CONG BAO” and public display of legal documents; translation of legal documents into ethnic minority languages and foreign languages; examination and handling of legal documents; review and systematization of legal documents; and assurance of resources for formulation and promulgation of legal documents.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Policy means the State’s orientation or solution for resolving a practical issue in order to attain a certain objective.

2. Regulatory impact assessment means the analysis and forecast of the impacts of a policy being elaborated on different groups of subjects so as to select the optimal solution for policy implementation.

3. “CONG BAO” means an official publication of the State, which is uniformly managed by the Government and on which legal documents, treaties already effective in the Socialist Republic of Vietnam and other legal documents are published as prescribed in this Decree.

4. Examination of legal documents means the consideration, evaluation and conclusion on the constitutionality, lawfulness and consistency of to-be-examined legal documents and handling of unlawful documents.

5. Review of legal documents means the consideration, comparison and evaluation of provisions of to-be-reviewed documents against documents serving as a basis for review and the socio-economic development situation so as to detect and handle, or propose the handling of, provisions which are contrary to law, contradictory or no longer appropriate, overlap or cease to be effective.

6. Systemization of legal documents means the collection and arrangement of legal documents which have been reviewed and identified as remaining effective according to the criteria prescribed in this Decree.

7. Overall review of the system of legal documents means the consideration and evaluation of the whole system of legal documents promulgated by competent agencies and persons within a specific period of time.

Article 3. Identification of legal documents

1. A legal document must meet all requirements on contents, competence, form, order and procedures prescribed in the Law.

2. The Prime Minister’s following decisions are not legal documents:

a/ Decisions approving strategies, programs, schemes, projects and plans;

b/ Decisions assigning socio-economic targets to agencies and units;

c/ Decisions establishing universities; establishing steering committees, councils or committees to perform tasks within a certain period of time;

d/ Decisions on commendation, disciplining or work assignment;

dd/ Decisions appointing, relieving from duty, dismissing, permitting the resignation of, or suspending from work, cadres and civil servants;

e/ Other decisions which do not have the contents prescribed in Article 20 of the Law.

3. The following resolutions, which are promulgated by People’s Councils, and decisions, which are promulgated by People’s Committees, are not legal documents:

a/ Resolutions relieving from duty or removing from office People’s Council deputies or holders of other posts;

b/ Resolutions approving results of election of deputies to People’s Councils and election of other posts;

c/ Resolutions dissolving People’s Councils;

d/ Resolutions approving the structures of specialized agencies under People’s Committees of provinces, centrally run cities, rural districts, urban districts, towns or provincial or municipal cities;

dd/ Resolutions on the establishment, merger or dissolution of specialized agencies under People’s Committees; decisions on the establishment of boards, steering boards, councils or committees to perform tasks within a certain period of time;

e/ Resolutions on total payrolls in localities;

g/ Resolutions on local budget estimates and final accounts;

h/ Decisions approving plans;

i/ Decisions assigning targets to each agency or unit;

k/ Decisions on payroll norms of agencies and units; decisions assigning payroll and administrative management expenses to each specialized agency under People’s Committees;

l/ Other resolutions and decisions which do not have the contents prescribed in Article 27, 28, 29 and 30 of the Law.