Chương I Nghị định 63/2013/NĐ-CP hướng dẫn Pháp lệnh pháp điển hệ thống quy phạm pháp luật: Cấu trúc của bộ pháp điển

Chapter I

STRUCTURE OF THE CODE OF LAWS AND REGULATIONS

Article 1. Titles of the Code of Laws and Regulations

The Code of Laws and Regulations (hereafter referred to as “the Code”) consists of 45 titles which are listed in Article 7 of the Ordinance on Codification (hereafter referred to as “the Ordinance”). In case where one or more legal normative documents (hereafter commonly referred to as “document”) govern one or more types of social relations that are not codified in an existing Title of the Code, the Minister of Justice shall, at its discretion or at request of a codification undertaking agency, propose the Government to add an appropriate Title.

A Title so added shall be numbered and placed following the last Title that already exists in the Code.

Article 2. Sub-Titles in the Code

1. Sub-Title is a component part of a Title which contains legal norms governing a certain type of social relations.

2. The name of a Sub-Title is the name of the act that have the highest legal effect and that governs a type of social relations of a Title.

3. Depending on the name of each Sub-Title, the Sub-Titles in each Title shall be sequenced by the Vietnamese Alphabet and shall be numbered by the Arabic numerals, starting from number 1. An added Sub-Title shall be numbered and placed following the last Sub-Title that already exists in the Title.

4. The structure of a Sub-Title shall be the structure of the legal document whose name is used as the name of that Sub-Title. Parts, chapters and sections may be added in accordance with the provisions of article 12 of this Decree.

Article 3. Parts, Chapters and Sections in the Code

1. Parts, chapters and sections are component parts of the Sub-titles which contains the Articles of the Code.

2. The name and sequent number of parts, chapters and sections in a Sub-Title is the name and sequent number of the corresponding parts, chapters and sections in the legal document whose name is used as the name of that Sub-Title.

3. An added part, chapter and section shall be numbered and placed following the part, chapter and section whose contents relate most to the contents of the added parts, chapters and sections. The name of an added part, chapter and section is a phrase reflecting the main contents of that part, chapter and section.

Article 4. Articles in the Code

1. Articles in the Code are components of the parts or chapter or sections of the Code; the contents of each article in the Code are contents of the corresponding article in the codified legal document.

2. Name of an Article in the Code is the name the corresponding article in the legal document to be codified.

3. The number of an article in the code consists of following:

a) The number of the Title;

b) The number of the Sub-Title;

c) Notation of the form of the legal document;

d) The number of the detailing legal document; and

e) Number of the corresponding article in the codified legal document.

4. Notation of the form of a legal document shall be as following:

a) Law of the National Assembly is LQ;

b) Ordinance of the Standing Committee of the National Assembly is PL;

c) Order of the State President is LC;

d) Decision is QD;

e) Decree of the Government is ND;

f) Resolution is NQ;

g) Inter-agency resolution is NL;

h) Directive is CT;

i) Circular is TT; and

k) Inter-agency circular is TL.

5. The sequent number of a detailing legal document shall be numbered chronologically by Arabic numeral, starting from number 1.

6. The number of an article in the Code shall consist of the components stipulated in paragraph 2 of this Article and shall be placed in the following sequence: the number of the Title; dot (.), the number of the Sub-Title; dot (.), the notation of the form of the legal document; dot (.), the sequent number of the detailing legal document, dot (.), the number of the corresponding article in the codified legal document, dot (.).

Article 5. Notes

1. Noting is making notes of the sequent number of an article in the legal document to be codified, number, notation, name, date of enactment, the enacting body and the effective date of the legal document.

2. Notes provided for in paragraph 1 of this article shall be made in the first article of each legal document to be codified; all next articles shall be noted by their numbers and the numbers, notations and effective dates of the legal documents to be codified. Where contents of an article in the codified legal document are amended or supplemented, notes shall be made about such changes and the number, notation and effective date of the amending or supplementing legal document.

3. Notes shall be put in brackets at the line following the line on the name of the article in the Code in italic with a size smaller than the size the noted article.

Article 6. Indication in the Code

1. Indication is defining those Sub-Titles, parts, chapters, sections or articles in the Code whose contents are closely related.

2. Depending on each specific case, indication shall be made amongst Sub-Titles, parts, chapters, sections or articles in the Code.

3. Indications shall be put in brackets after the indicated contents in italic with a size smaller than the size the indicated contents.

4. Based on the results of the determination of legal norms whose contents are related carried out by the codification undertaking agencies under the provisions of Article 13 of this Decree, the Ministry of Justice shall make indications in the Code.