Chương II Nghị định 63/2013/NĐ-CP hướng dẫn Pháp lệnh pháp điển hệ thống quy phạm pháp luật: Pháp điển theo đề mục

Chapter II

CODIFICATION BY SUB-TITLES

Article 7. Request for making Sub-Titles

1. Pursuant to article 4 of the Ordinance, the agency which has the competence to codify legal norms in the legal document of highest legal effect regulating a certain type of social relations shall have the responsibility to a request for making a Sub-Title and sent the request to the Ministry of Justice. The request shall consist of following particulars:

a) Name of the Sub-Title;

b) List of legal documents to be put in the Sub-Title, provided that these legal documents are enumerated according to their legal effect; and

c) Suggestion of which Title in the Code the Sub-Title shall be put in.

2. The Ministry of Justice shall have the responsibility to:

a) Compile requests for making Sub-Titles and invite comments from the bodies concerned about the list of Sub-Titles in each Title; and

b) Submit to the Prime Minister for decision on the list of Sub-Titles in each Title and assignment of bodies to codify these Sub-Titles.

Article 8. Collection of Legal Documents

1. The codification agencies shall collect the following documents:

a) Documents that are the contents of the Sub-title, including the document whose name is used as the name of the Sub-Title and the documents guiding that document;

b) Documents whose contents relate to the legal documents referred to in sub-paragraph a of this paragraph.

2. Legal documents referred to in paragraph 1 of this article shall be collected in following priority sequence: the original copies, documents published in the Official Gazette, certified true copies, copies from the original made by the competent agencies or persons, consolidated, reviewed, or systematized documents published by the competent agencies.

3. Source of each legal document referred to in paragraph 1 and 2 of this Article shall be specified in the list of documents collected.

Article 9. Contents not to be codified

1. Legal norms that ceased to be effective at the time of codification.

2. Official name of Vietnam, legal bases for enacting the legal document, preamble, part of the rights, title, name and signature of the competent person,, seal of agency or unit, recipients of the legal document.

Article 10. Dealing with Conflicting, Overlapping or Impractical Legal Documents

1. Where legal norms in a legal document issued by a codification undertaking agency or in an inter-agency legal document drafted by it are found to be conflicting, overlapping or impractical, the agency shall deal with those legal norms in accordance with the provisions of the laws and regulations on promulgation of legal normative documents before putting them into the Sub-Title.

2. Where legal norms in a legal document other than that referred to in paragraph 1 of this article are found to be conflicting, overlapping or impractical, the codification undertaking agency shall codify those legal norms and shall at the same time request the competent agency to deal with them in accordance with the provisions of the laws and regulations on promulgation of legal normative documents.

Article 11. Codification of Legal Norms to Create a Sub-Title

The codification undertaking agencies shall codify legal norms in legal documents according to the hierarchy of their legal effect and following procedures:

1. For legal norms in the legal document whose name is used as the name of the Sub-Title:

a) To deal with or request the competent agency to deal with the legal document in accordance with the provisions of article 10 of this Decree;

b) To set aside the contents not to be codified as provided for in article 9 of this Decree; and

c) To put all the remaining contents in their existing structure into the Sub-Title.

2. For a guiding legal document:

a) To deal with or request the competent agency to deal with the legal document in accordance with the provisions of article 10 of this Decree;

b) To put articles in the guiding legal document after the guided articles of the legal document of higher legal effect;

c) Where a number of articles in a legal document set forth guidance for the implementation of an article in the legal document of higher legal effect, those articles shall be put after the guided article according to the sequent number of that article in the guiding legal document;

d) Where an article in the guiding legal document sets forth guidance for the implementation of a number of articles in the legal document of higher legal effect, that article shall be put after the first guided article and references shall be made for the following articles;

e) Where a number of articles in several legal documents sets forth guidance for the implementation of an article in the legal document of higher legal effect, those articles shall be put after the guided articles according to the hierarchy of their legal effect or chronologically if they are of the same form;

f) Where an article in the guiding legal document does not set forth guidance for the implementation of any specific article in another legal document, that article shall be put after the article which has the most related contents in the other legal document.

g) The provisions on implementation and entry into force of a guiding document shall be put after the provisions on implementation and entry into force of the legal document whose name is used as the name of the Sub-Title according to the hierarchy of their legal effect or chronologically if they are of the same form.

3. The transitional provisions shall be put after the provisions to which the transitional provisions are applied. Where a transitional provision is applied to several articles, that transitional article shall be put after the first article to which the transitional is applied and references shall be made for the remaining articles.

4. Annexes and forms issued together with a legal document shall be put in the last article providing for the annexes or forms or for their application. Where several articles provide for the application of an annex or a form, the annex or form shall be put in the end of the first article providing for such annex or form or for their application and references shall be made for the remaining articles.

5. Name and number of an article and notes and definition of legal norms whose contents relate to each other shall be according to the provisions of articles 4, 5 and 13 of this Decree.

6. The Ministry of Justice shall provide guidance for codification of legal documents that are not structured by articles and in other cases.

Aticle 12. Addition of Parts, Chapters and Sections

In case where the articles of a guiding legal document cannot be placed according to the provisions of article 11 of this Decree, depending on each case, they may be put in an additional part, chapter or section.

An additional part, chapter and section shall be put after the most related part, chapter or section.

Article 13. Determination of Legal norms whose Contents Relate to Each Other

1. Where the contents of a part, chapter, section or article of a legal document to be codified relate to the contents of a part, chapter, section or article of another legal document, the codification undertaking agency shall specify the sequent number and name of that part, chapter, section or article and number, notation, name and issuance date of the other legal document in italic in bracket at the end of the part, chapter, section or article of the legal document to codified.

2. Where the contents of a part, chapter, section or article of a legal document to be codified relate to the contents of a part, chapter, section or article of a Sub-Title, which already exist in the Code, the codification undertaking agency shall specify the sequent number and name of that part, chapter, section or article of the Sub-Title in italic in bracket at the end of the part, chapter, section or article of the codified legal document.

Article 14. Request for Review; Authentication of Results of Codification of Sub-Titles

1. The codification undertaking agency shall send a set of dossier in writing accompanied by a electronic file of the results of codification of a Sub-Title to the Ministry of Justice for review. The dossier consists of:

a) A written request to review the results of codification of the Sub-Title of that agency;

b) The results of codification of a Sub-Title signed by a leader and with a seal of that agency; and

c) The legal documents used for codifying the Sub-Title accompanied by the list of that legal document.

2. Where a legal document is issued between the time of submission of the codification results and the time of conclusions by the Review Board, the codification undertaking agency shall add the results of codification of such legal document and send an additional dossier to the Ministry of Justice.

3. The codification undertaking agency shall, at request of the Ministry of Justice, have the responsibility to explain and clarify unconsenting matters and difficulties faced during the codification of a Sub-Title before the review of the codification results takes place.

4. The codification undertaking agency shall have the responsibility to study the conclusions made by the Review Board in order to correct the codification results.

5. The leader of the codification undertaking agency shall sign for authentication of and close seal on the last page of the document of corrected codification results and send the document to the Ministry of Justice within the time limit stipulated in paragraph 1 and 2 of article 11 of the Ordinance.

Article 15. Check of Results of Sub-Title’s Codification

1. On the basis of the conclusions made by the Review Board, the Ministry of Justice shall have the responsibility to check the correction of the results of codification of the Sub-Title concerned.

2. If the results of codification of the Sub-Title concerned have not been corrected according to the conclusions of the Review Board, the Ministry of Justice shall request the codification undertaking agency to continue the correction.

Within five working days of receipt of the request from the Ministry of Justice, the codification undertaking agency shall correct the Sub-Title, sign for authentication of the contents corrected and sent the Sub-Title so corrected to the Ministry of Justice.