Chapter III
UPDATING NEW LEGAL NORMS AND SUB-TITLES INTO THE CODE
Article 16. Determination of a New Legal Norm
A new legal norm by meaning of paragraph 1 of article 13 of the Ordinance is a legal norm that is enacted after the date on which the Review Board makes conclusions on the results of codification of the Sub-Title concerned.
Article 17. Codification of New Legal Norms
A new legal norm shall be codified according to the following provisions:
1. Where a new legal document makes an amendment of or supplement to the contents of an article in the already codified legal document, the codification undertaking agency shall define the location of the amended or supplemented article in the Code and its contents; the location of the new article in the Code and its contents and then to number, make notation of and to name the new article and put it in the defined place in the Code; after that to make notes of and define related legal norms according to the provisions of articles 4, 5, 11, 12 and 13 of this Decree.
2. Where a new article is added to an already codified legal document by a newly issued legal document, the codification undertaking agency shall define the location of the new article in the Code and its contents; and then to number, make notation of and to name the newly issued article and put it in the defined place in the Code; after that to make notes of and define related legal norms according to the provisions of articles 4, 5, 11, 12 and 13 of this Decree.
3. Where a legal document is issued to repeal a part, chapter, section, article, paragraph or sub-paragraph of an already codified legal document or a guiding legal document, the codification undertaking agency shall define the location of that part, chapter, section, article, paragraph or sub-paragraph or of that guiding legal document in the Code and their contents and specify the reason for the repeal.
4. Where the legal document whose name is used as the name of a Sub-Title is replaced by a new legal document, the codification undertaking agency shall define the Sub-Title containing the legal document so replaced and modify that Sub-Title according to the provisions of articles 11, 12 and 13 of this Decree.
5. Where an already codified guiding legal document is replaced by a new legal document, the codification undertaking agency shall define the location of the legal document so replaced in the Code and its contents, as well as the location of the new legal norms in the Code, and then to number and name the relevant article in the Code and define related legal norms according to the provisions of articles 4, 5, 11, 12 and 13 of this Decree.
6. Where the legal document whose name is used as the name of a Sub-Title is repealed by a new legal document, the codification undertaking agency shall define the Sub-Title concerned in the Code and request the Ministry of Justice delete that Sub-Title.
7. Newly enacted legal norms shall be codified according to the guidelines issued by the Ministry of Justice.
Article 18. Request for Updating Results of Codification of Newly Enacted Legal Norms
1. Not later than 20 days prior to the date on which a newly enacted legal norm takes effect for the cases stipulated in paragraphs 1, 2, 3, 5 and 6 of article 17 of this Decree, the codification undertaking agency shall sent to the Ministry of Justice a written request together with an electronic file for updating the results of codification of the newly enacted legal norms. The request shall consist of:
a) An official letter requesting for updating the results of codification of the newly enacted legal norms; and
b) A document containing the results of codification of the newly enacted legal norms with the signature of the leader of the codification undertaking agency and seal of that agency; and
c) The legal document containing the newly enacted legal norm.
2. In case where a Sub-Title must be modified in accordance with paragraph 4 of article 17 of this Decree, the codification undertaking agency shall modify it and certify by signature the results of such modification and shall sent to the Ministry of Justice a request for review of those results according to article 14 of this Decree within the following time limits:
a) Not later than 60 days prior to the date on which the newly enacted legal norm in a legal document passed by the National Assembly or its Standing Committee takes effect; or
b) Not later than 35 days prior to the date on which the legal document other than the legal document stipulated in sub-paragraph of this paragraph takes effect.
Article 19. Check and Update Results of Codification of Newly Enacted Legal Norms
1. The Ministry of Justice shall check the adequacy and accuracy of the codification of a newly enacted legal norm for the cases stipulated in paragraph 1 of article 18 of this Decree. If the Ministry of Justice has found that the codification of the newly enacted legal norm is inadequate or inaccurate, it shall request the codification undertaking agency to correct the results of codification of that legal norm.
The codification undertaking agency shall have the responsibility to correct the results of codification at request of the Ministry of Justice and shall send the corrected results to the Ministry of Justice within 5 working days of receipt of the request.
2. For the case stipulated in paragraph 2 of article 18 of this Decree, the Ministry of Justice shall check and make a request according to the provisions of article 15 of this Decree.
3. The Ministry of Justice shall update the results of codification of newly enacted legal norms into the Code at the time when that legal norm takes effect and shall delete those legal norms that have ceased to be effective in the Code.
Article 20. Request for Making New Sub-Titles and Assignment of Agencies to Make New Sub-Titles
1. Where a new legal norm is enacted as stipulated to paragraph 2 of article 13 of the Ordinance, the codification undertaking agency shall, within 5 working days from the date when the new legal document is enacted, have the responsibility to send to the Ministry of Justice a request for making a new Sub-Title. The request shall be made in accordance with paragraph 1 of article 7 of this Decree.
2. The Ministry of Justice shall check the request for making a new Sub-Title and to submit the request to the Prime Minister for decision and assignment of an agency to make the new Sub-Title.
Article 21. Codification, Review and Update of New Sub-Titles
1. The agency assigned under the decision of the Prime Minister shall codify the new Sub-Title in accordance with the provisions of articles 8, 11, 12, 13 and 14 of this Decree.
2. The certification by signature and request for review of the results of codification a new Sub-Title shall be made according to paragraph 2 of article 18 of this Decree.
3. The results of codification a new Sub-Title shall be checked and updated in accordance with the provisions of article 15 and paragraph 3 of article 19 of this Decree.
Tìm kiếm
Nghị định 63/2013/NĐ-CP hướng dẫn Pháp lệnh pháp điển hệ thống quy phạm pháp luật (Bản Word)
Nghị định 63/2013/NĐ-CP hướng dẫn Pháp lệnh pháp điển hệ thống quy phạm pháp luật (Bản Pdf)