Decree No. 79/2025/ND-CP dated April 01,2025 on regarding examination, review, systematization, and handling of legislative documents
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GOVERNMENTOF
VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
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No: 79/2025/ND-CP |
Hanoi, April 01,2025 |
DECREE
REGARDING EXAMINATION, REVIEW, SYSTEMATIZATION, AND HANDLING OF LEGISLATIVE DOCUMENTS
Pursuant to the Law on Organization of the Government dated February 18, 2025;
Pursuant to the Law on Promulgation of Legislative Documents dated February 19, 2025;
At the request of the Minister of Justice;
The Government promulgates a Decree on examination, review, systematization, and handling of legislative documents.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates Articles 63 and 64 and measures to organize and provide guidance on the implementation of the Law on Promulgation of Legislative Documents (hereinafter referred to as the Law) in terms of examination, review, systematization, and handling of legislative documents.
Article 2. Definitions
For the purposes of this Decree, the following terms shall be construed as follows:
1. "Examination of a legislative document within competence" means the examination conducted a competent authority/person with regard to a legislative document under its/his/her respective examination competence.
2. "Internal examination of a legislative document" means the process by which an authority/person that has promulgated documents, on its own, examine a legislative document which it promulgates or jointly promulgates.
3. "legislative document examining authority" (hereinafter referred to as "examining authority") means the one assisting authorities/persons competent to examine legislative documents specified in clauses 1, 2, 3, 4 and 5, Article 14, clause 1, Article 15 and clause 2, Article 60 hereof, including: The Department of Legislative Document Examination and Management of Handling of Administrative Violations under the Ministry of Justice, Legal Departments under Ministries, Ministerial agencies, Justice Departments and Justice Divisions.
4. "Systematization of legislative documents" means the gathering and arrangement of reviewed legislative documents according to the criteria specified in Article 52 hereof.
5. "Overall review of system of legislative documents" means the consideration and assessment of the entire system of legislative documents of Vietnam in a certain period.
Chapter II
EXAMINATION AND HANDLING OF LEGISLATIVE DOCUMENTS
Section 1. General provisions on examination and handling of documents
Article 3. Rules for examination and handling of documents
1. Ensure comprehensiveness, objectivity, publicity and transparency; intra vires; combination of examination by competent authorities/persons with internal examination by authorities/persons promulgating documents (hereinafter referred to as "promulgating authority/person"); effective cooperation among relevant agencies.
2. Prevent any abuse of examination and handling of documents for personal gain, obstruction of authorities/persons competent to promulgate documents and unlawful interference during handling of documents.
3. Ensure that no agency or individual obstructs authorities/persons competent to examine documents and examining authorities during document examination.
4. Promptly conduct examination in case there are legal bases for examination of documents, and timely handle unlawful documents.
5. Ensure compliance with laws on state secrets during examination and handling of documents containing classified information.
6. Consider and handle violations that arise during examination and handling of documents, depending on the nature and seriousness of such violations.
Article 4. Documents subject to examination
1. Legislative documents specified in clauses 3 thru 14, Article 4 of the Law; legislative documents specified in clauses 3 thru 14, Article 4 of the Law with classified information as identified by competent persons.
2. Documents which are suspected to contain legal norms but are not promulgated in accordance with regulations on competence, form, sequence and procedures. To be specific:
a) Documents of the Standing Committee of the National Assembly, the President, the Presidium of the Central Committee of the Vietnam Fatherland Front, the Council of Judges of the Supreme People's Court, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy and the State Auditor General; the Government, the Prime Minister; Ministers, Directors of ministerial agencies, provincial-level and district-level local governments within special administrative-economic units;
b) Documents of Governmental agencies; Standing Committees of the People's Councils, Chairpersons of the People's Councils, Chairpersons of People's Committees at all levels; Chairpersons of People's Councils, Chairpersons of People's Committees within special administrative-economic units; organizations under and affiliated to Ministries, ministerial agencies and Governmental agencies; specialized agencies under People's Committees of provinces and districts, special administrative-economic units (or equivalent units); commune-level local governments.
3. Documents providing for guidelines on application of legislative documents of competent authorities/persons specified in clause 1, Article 61 of the Law.
Article 5. Matters concerning documents to be examined
1. Competence to promulgate documents
2. Content and legal form of documents
3. Sequence and procedures for formulating and promulgating documents
4. Bases for promulgation, format, techniques for presentation
5. Compliance with laws on identification of classified information and confidentiality levels thereof in documents containing classified information.
Legal bases for identification of unlawful documents, documents with errors regarding bases for promulgation, format, techniques for presentation
1. A legislative document shall be unlawful if:
a) It is promulgated by a superior authority;
b) It is effective at the time the examined document is promulgated, or it has not been effective at that time but has been already ratified or signed for promulgation and will come into force before or on the effective date of the examined document.
2. A legislative document is identified to have errors regarding bases for promulgation, format, techniques for presentation on the basis of legislative documents promulgated by competent authorities/persons, prescribing these matters, and satisfying the requirements specified at point b, clause 1 of this Article.
Article 7. Documents subject to handling
1. Unlawful documents:
a) Legislative documents promulgated ultra vires;
b) Legislative documents whose content is inconsistent with the Constitution or legislative documents that are promulgated by superior authorities;
c) Legislative documents whose effective date is inconsistent with regulations of Articles 53 and 55 of the Law;
d) Legislative documents that not comply with laws on identification of classified information or its confidentiality levels in legislative documents containing classified information.
dd) Legislative documents promulgated in contravention of the sequence and procedures for formulation and promulgation of legislative documents in accordance with law in one of the following cases: failure to seek opinions on draft dossiers; failure to appraise and verify draft legislative documents; promulgation of legislative documents under simplified sequence and procedures or in special cases without the consent or direction of competent authorities/persons; unlawful ratification of legislative documents.
e) Documents specified clause 2, Article 4 hereof which contain legal norms but are not promulgated in accordance with regulations on competence, form, sequence and procedures.
Documents providing for guidelines on application of legislative documents promulgated in contravention of Article 61 of the Law.
2. Documents with errors regarding bases for promulgation, format and techniques for presentation
Article 8. Receiving and handling recommendations and feedback on suspected unlawful documents from agencies, organizations, or individuals
1. Agencies, organizations, or individuals that detect suspected unlawful documents as specified in Article 4 hereof shall make recommendations and feedback to authorities/persons that have promulgated these documents or authorities/persons competent in/responsible for examining these documents as prescribed in this Decree for examination.
2. Agencies, organizations, or individuals that detect suspected unlawful documents as specified in Article 4 hereof during formulation and implementation of legislative documents shall comply with the regulations of clause 1 of this Article.
3. Agencies, organizations, or individuals receiving recommendations and feedback shall examine documents or forward such recommendations and feedback to authorities/persons competent in/responsible for examining documents, and at the same time, notify the agencies, organizations, or individuals making recommendations and feedback of the document examination results or forwarding in accordance with law.
Section 2. INTERNAL EXAMINATION OF LEGISLATIVE DOCUMENTS
Article 9. Internal examination of documents which the Standing Committee of the National Assembly, the President, the Presidium of the Central Committee of the Vietnam Fatherland Front, the Council of Judges of the Supreme People's Court, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy and the State Auditor General promulgate or jointly promulgate
The Standing Committee of the National Assembly, the President, the Presidium of the Central Committee of the Vietnam Fatherland Front, the Council of Judges of the Supreme People's Court, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy and the State Auditor General shall prescribe sequence and procedures for internal examination and assign agencies/units to assist them in internally examining legislative documents which they promulgate or jointly promulgate specified point a, clauses 2 and 3, Article 4 hereof.
Article 10. Responsibilities for assisting the Government and the Prime Minister in internally examining documents
1. Ministers and Directors of ministerial agencies shall assist the Government and the Prime Minister in internally examining legislative documents which their ministries or agencies preside over drafting and submit them for promulgation or joint promulgation by the Government, the Prime Minister; documents providing for guidelines on application of legislative documents of the Government and the Prime Minister on sectors/fields under the management of their respective ministries or agencies.
2. The Minister of Justice shall fulfill the responsibilities specified in clause 1 of this Article and assist the Government and the Prime Minister in internally examining documents that do not contain classified information. To be specific:
a) Documents specified in clause 1 of this Article when required or directed by the Government, the Prime Minister, or when these documents have already been internally examined by other ministers or heads of ministerial agencies, but recommendations and feedback are still sent to the Ministry of Justice;
b) Documents of the Government, the Prime Minister as prescribed in Point a, Clause 2, Article 4 hereof.
3. The Minister-Chairman of Government Office shall fulfill the responsibilities specified in clause 1 of this Article and assist the Government and the Prime Minister in internally examining documents which the Ministry of Justice preside over drafting and submit them for promulgation or joint promulgation as specified at points a and b, clause 2 of this Article.
4. The Minister of Public Security shall fulfill the responsibilities specified in clause 1 of this Article and assist the Government and the Prime Minister in internally examining documents specified in points a and b, clause 2 of this Article and containing classified information, except for the cases specified in clause 5 of this Article.
5. The Minister of National Defense shall fulfill the responsibilities specified in clause 1 of this Article and assist the Government and the Prime Minister in internally examining documents containing classified information within sectors/fields under the management of the Ministry of National Defense as prescribed in points a and b, clause 2 of this Article.
6. Ministers and Directors of ministerial agencies shall assign organizations under or affiliated to Ministries, ministerial agencies to assist them in internally examining documents specified in clauses 1, 2, 3, 4, and 5 of this Article.
Legal Departments of Ministries, ministerial agencies shall act as liaison to assist Ministers and Directors of ministerial agencies in consolidating, monitoring, and urging internal examination of documents as prescribed in clauses 1, 3, 4, and 5 of this Article. The Department of Document Examination and Management of Handling of Administrative Violations under the Ministry of Justice shall act as liaison to assist the Minister of Justice in consolidating, monitoring, and urging internal examination of documents as prescribed in clause 2 of this Article.
Article 11. Responsibilities for assisting Ministers and Directors of ministerial agencies, local governments at all levels, local governments within special administrative-economic units in internally examining documents
1. Responsibilities for assisting Ministers and Directors of ministerial agencies in internally examining legislative documents:
a) Ministers and Directors of ministerial agencies shall assign organizations under or affiliated to Ministries, ministerial agencies to assist them in internally examining documents;
b) Legal Departments of Ministries, ministerial agencies shall act as liaison to assist Ministers and Directors of ministerial agencies in consolidating, monitoring, and urging internal examination of documents which Ministries, ministerial agencies promulgate or jointly promulgate;
c) The Department of Document Examination and Management of Handling of Administrative Violations under the Ministry of Justice shall act as liaison to assist the Minister of Justice in consolidating, monitoring, and urging internal examination of documents which the Minister of Justice promulgate or jointly promulgate.
2. Responsibilities for assisting local governments at all levels, local governments within special administrative-economic units in internally examining legislative documents
a) People’s Committees shall assign responsible agencies or individuals to assist them in internally examining documents.
Departments of Justice, Divisions of Justice, or agencies designated by People’s Committees within special administrative-economic units shall act as liaison to assist People’s Committees at the same level in consolidating, monitoring, and urging internal examination of documents;
b) Legal Departments of People’s Councils shall assist People’s Councils in internally examining their documents.
Article 12. Sequence and procedures for examination of documents
1. An agencies or units assigned to internally examine legislative documents shall examine matters concerning these documents as specified in Article 5 hereof. Where necessary, these agencies or units may hold meetings for discussion or seek opinions from relevant agencies, units, organizations, or experts on examined documents.
With regard to internal examination of documents of the Government, the Prime Minister as prescribed in clauses 2, 3, 4, and 5 Article 10 hereof, Ministers or Directors of ministerial agencies shall request other relevant Ministers or Directors of ministerial agencies to provide documentation on internal examination of documents, information, and relevant materials to serve their internal examination.
2. From the date on which documents specified in point a, Clause 2, Article 63 of the Law are ratified or signed, these documents shall be internally examined within 45 days for those of the Government, the Prime Minister, Ministers, or Directors of ministerial agencies; 10 days for those promulgated by local governments; 05 working days for those promulgated under simplified sequence and procedures or in special cases.
Documents specified in clauses 2 and 3 Article 4 hereof shall be internally examined based on bases specified in points b and c, clause 3, Article 63 of the Law.
3. Reports on internal examination results shall be sent to heads of agencies or units assigned to internally examine as prescribed in clause 1 of this Article. In case a document is internally examined based on bases specified in point c, clause 3, Article 63 of the Law, a report on internal examination results shall also be sent to the authority/person that has promulgated such document and the competent authority/person that has requested or directed the examination.
4. With regard to unlawful documents, in addition to entities specified in clause 3 of this Article, reports on internal examination results shall be sent to authorities/persons that have promulgated these documents for consideration and handling in accordance with Article 23 of this Decree.
A report on internal examination results of an unlawful document shall contain contents specified in clause 2, Article 17 hereof.
5. Promulgating authorities/persons shall review reports on internal examination results and handle unlawful documents within 30 days from the date of receipt; also consider, determine, and handle responsible collectives or individuals involved in providing advice, submitting, or promulgating unlawful documents as prescribed.
6. Documents on handling of unlawful documents shall be announced as prescribed in Article 28 hereof.
Article 13. Documentation on internal examination of documents
1. Agencies or units assigned to internally examine documents shall prepare documentation on internal examination of unlawful documents. Such documentation includes:
a) A report on internal examination results;
b) A document on handling of unlawful document
c) Other relevant documents (if any)
2. Documentation on internal examination of documents shall be archived in accordance with law on archival and law on protection of state secrets in respect of documents containing classified information.
Section 3. EXAMINATION OF LEGISLATIVE DOCUMENTS WITHIN COMPETENCE
Section 1. COMPETENCE, SEQUENCE AND PROCEDURES FOR EXAMINATION OF LEGISLATIVE DOCUMENTS
Article 14. Examination competence of Ministers and Directors of ministerial agencies
1. Ministers and Directors of ministerial agencies shall examine documents promulgated by other Ministers, Directors of ministerial agencies, provincial-level local governments, and local governments within special administrative-economic units in respect of matters within the sectors and fields under their management.
2. The Minister of Justice shall exercise the examination competence as prescribed in clause 1 of this Article and assist the Government in examining documents that do not contain classified information. To be specific:
a) Circulars of Ministers or Directors of ministerial agencies;
b) Regulations on sectors and fields under the management of Ministries or ministerial agencies specified in Joint Circulars between Ministers or Directors of ministerial agencies and the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, and/or the State Auditor General;
c) Resolutions of the People’s Councils, decisions of the provincial-level People’s Committees; legislative documents of local governments within special administrative-economic units.
3. The Minister-Chairman of Government Office shall exercise the examination competence as prescribed in clause 1 of this Article and assist the Government in examining documents that do not contain classified information and promulgated or jointly promulgated by the Minister of Justice. To be specific:
a) Circulars of the Minister of Justice;
b) Regulations on sectors and fields under the management of the Ministry of Justice specified in Joint Circulars between the Minister of Justice and the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, and/or the State Auditor General;
4. The Minister of Public Security shall exercise the examination competence as prescribed in clause 1 of this Article and assist the Government in examining documents specified in points a, b, and c, clause 2 of this Article and containing classified information, except for the cases specified in clause 5 of this Article.
5. The Minister of National Defense shall exercise the examination competence as prescribed in clause 1 of this Article and assist the Government in examining documents containing classified information within the sectors/fields under the management of the Ministry of National Defense as prescribed in points a, b, and c, clause 2 of this Article.
6. Responsibilities for assisting Ministers and Directors of ministerial agencies in examining documents within competence:
a) Legal Departments of Ministries, ministerial agencies shall assist Ministers and Directors of ministerial agencies in examining documents specified in clauses 1 and 3 of this Article.
b) The Department of Legislative Document Examination and Management of Handling of Administrative Violations under the Ministry of Justice shall assist the Minister of Justice in examining documents specified in clause 2 of this Article.
c) The Minister of Public Security and the Minister of National Defense shall assign organizations under or affiliated to the Ministry of Public Security and the Ministry of National Defense to assist them in examining documents specified in clauses 4, and 5 of this Article and containing classified information.
7. If the examination competence is controversial, the Minister of Justice shall consider and make a decision.
Article 15. Examination competence of provincial-level People's Committees
1. a) Provincial-level People's Committees shall examine documents of directly inferior People’s Councils and People's Committees.
2. Departments of Justice shall assist the provincial-level People's Committees in examining documents specified in clause 1 of this Article.
Article 16. Document examination plan and establishment of examination team
1. Ministers, Directors of ministerial agencies, Chairpersons of People’s Committees at all levels, or heads of examining authorities shall, based on the requirements of socio-economic development and the management needs of sectors/fields/administrative divisions, promulgate a document examination plan.
A document examination plan may be integrated into an annual working plan or promulgated separately. The examination plan of the Ministry of Justice shall be sent to Ministries and ministerial agencies.
2. Where necessary, Ministers, Directors of ministerial agencies, chairpersons of People’s Committees at all levels, or heads of examining authorities shall, pursuant to clause 3 Article 63 of the Law, decide to establish an examination team to conduct physical examinations at promulgating authorities. In case cooperation with relevant agencies is required, Ministers, Directors of ministerial agencies, chairpersons of People’s Committees at all levels shall decide to establish an inter-agency examination team.
Authorities/persons competent to establish examination teams shall prescribe duties and powers of examination teams.
Article 17. Sequence and procedures for examination of documents within competence
1. An examining authority shall examine a document according to the matters specified in Article 5 hereof. Where necessary, the examining authority may hold meetings for discussion or seek opinions from relevant agencies, units, organizations, or experts on the examined document.
2. Legislative document examination results shall be recorded in a report that contain the following basic contents: Legislative document examination results shall be recorded in a report that contain the following basic contents: name of the examined document; unlawful content and legal bases for identifying unlawful regulations; the examiner’s opinions on unlawful regulations and proposed actions against those unlawful regulations.
3. A legislative document examination conclusion shall be promulgated if a document is identified to be unlawful.
Such document contains only one regulation that is contradictory, overlapping or no longer appropriate, the examining authority may either make or provide advice, propose a recommendation/request for the review of the document in accordance with Article 36 of this Decree.
Article 18. Legislative document examination conclusions
1. Ministers, Directors of ministerial agencies, Chairpersons of People’s Committees shall promulgate or decentralize power/authorize examining authorities to promulgate examination conclusions on unlawful legislative documents.
2. An examination conclusion must contain the following basic contents:
a) The title of the examined document; titles and content of legislative documents used as legal bases for identifying unlawful regulations of the examined document;
b) Opinions on unlawful regulations of the examined document;
c) A request for handling of the examined document by the promulgating authority/person;
d) Recommendations for consideration, identification, and handling of responsibilities for the collective or individual that has given advice, drafted, or promulgated the unlawful document in accordance with the CPV’s regulations and the law;
dd) Recommendations for consideration and handling by the promulgating authority/person as prescribed in Chapter III hereof in case the examined document contains regulations that are contradictory, overlapping or no longer appropriate.
e) Other recommendations regarding the examined document’s content as prescribed in Article 5 of the Law when necessary.
3. Examination conclusions shall be sent to authorities/persons that have promulgated unlawful documents for handling these documents and the following agencies:
a) Examination conclusions of Ministers or Directors of ministerial agencies shall be sent to the Ministry of Justice. Inspection conclusions of the Minister of Justice shall be sent to Ministries or ministerial agencies in charge of management of sectors/fields concerning the examined documents;
b) Examination conclusions regarding documents containing legal norms and documents providing for guidelines on application of legislative documents shall be sent to competent authorities/persons specified in clause 2, Article 22 hereof;
c) Examination conclusions shall also be sent to CPV Committees at the same level, and Legal Departments of Ministries, ministerial agencies, or Departments of Justice, Divisions of Justice, People’s Committees of communes where the examined document was promulgated.
Article 19. Documentation on examination of documents within competence
1. Examining authorities shall prepare documentation on examination of unlawful documents. Such documentation includes:
a) A report on examination results;
b) An examination conclusion;
c) A document on handling of unlawful document;
d) Other relevant documents (if any)
2. Documentation on examination of documents shall be archived in accordance with law on archival and law on protection of state secrets in respect of documents containing classified information.
Section 2. EXAMINATION, HANLDING OF DOCUMENTS CONTAINING LEGAL NORMS AND DOCUMENTS PROVIDING FOR GUIDELINES ON APPLICATION OF LEGISLATIVE DOCUMENTS
Article 20. Competence to examine legislative documents
1. The Minister of Justice shall examine documents that do not contain classified information. To be specific:
a) Documents that are suspected to contain legal norms of Ministers, Directors of ministerial agencies, provincial-level local governments, or local governments within special administrative-economic units but are not promulgated as legislative documents; and documents providing for guidelines on application of legislative documents with regard to those of the aforementioned entities;
b) Documents that are suspected to contain legal norms of Governmental agencies; Standing Committees of the provincial-level People's Councils, Chairpersons of the provincial-level People's Councils, Chairpersons of provincial-level People's Committees; Chairpersons of People's Councils, Chairpersons of People's Committees within special administrative-economic units; organizations under and affiliated to Ministries, ministerial agencies and Governmental agencies; specialized agencies under the provincial-level People's Committees and special administrative-economic units (or equivalent units).
2. The Minister-Chairman of Government Office shall examine documents providing for guidelines on application of legislative documents of the Minister of Justice; documents that are suspected to contain legal norms of the Minister of Justice and organizations under or affiliated to the Ministry of Justice.
3. The Minister of Public Security shall examine documents specified in points a and b, clause 1 of this Article and containing classified information, except for cases specified in clause 4 of this Article.
4. The Minister of National Defense shall examine documents specified in points a and b, clause 1 of this Article and containing classified information within the sectors or fields under the management of the Ministry of National Defense.
5. Provincial-level People’s Committees shall examine:
a) Documents that are suspected to contain legal norms of district-level local governments but are not promulgated as legislative documents; and documents providing for guidelines on application of legislative documents with regard to those promulgated by district-level local governments;
b) Documents suspected to contain legal norms of Standing Committees of the district-level People's Councils, Chairpersons of the district-level People's Councils, and Chairpersons of district-level People's Committees; documents suspected to contain legal norms promulgated by specialized agencies under the district-level People's Committees (or equivalent units).
6. District-level People's Committees shall examine documents suspected to contain legal norms of commune-level local governments, Standing Committees of the commune-level People's Councils, Chairpersons of the commune-level People's Councils, and Chairpersons of commune-level People's Committees.
7. The Minister-Chairman of Government Office, the Minister of Public Security and the Minister of National Defense shall assign affiliated or subordinate organizations to assist them in examining documents specified in clauses 2, 3, and 4 of this Article.
The Department of Legislative Document Examination and Management of Handling of Administrative Violations under the Ministry of Justice shall assist the Minister of Justice in examining and handling documents specified in clause 1 of this Article; Departments of Justice and Divisions of Justice shall assist the People's Committees at the same level in examining documents specified in clauses 5 and 6 of this Article.
Article 21. Bases for examination of documents,
1. Bases for examination of documents shall comply with points b and c, clause 3, Article 63 of the Law.
2. The establishment of examination teams, sequence, procedures and documentation for examination of documents shall comply with clause 2, Article 16, and Articles 17, 18, and 19 hereof. The handling of documents shall comply with the regulations in Section 4, Chapter II hereof.
Article 22. Responsibilities for handling of documents
1. Promulgating authorities/persons shall be responsible for handling documents after receipt of examination conclusions from competent authorities/persons.
2. The Prime Minister, Ministers, Directors of ministerial agencies, Directors of Governmental agencies, Chairpersons of People’s Councils, and Chairpersons of People’s Committees shall direct the handling of documents specified in clause 1 of this Article.
Section 4. HANDLING OF UNLAWFUL LEGISLATIVE DOCUMENTS
Articles 23. Forms of handling of unlawful documents, documents with errors regarding bases for promulgation, format, techniques for presentation
1. Unlawful documents shall be suspended from implementation or annulled in full or in part in accordance with Article 4 of Decree No. 78/2025/ND-CP.
2. Documents with errors regarding bases for promulgation, format, techniques for presentation shall be corrected in accordance with Article 9 of Decree No. 78/2025/ND-CP.
Article 24. Sequence and procedures for handling of unlawful documents
1. After receipt of examination conclusions, authorities/persons that have promulgated unlawful documents shall handle these documents according to forms and within time limit prescribed in Articles 23 and 26 hereof.
With regard to regulations on sectors and fields under the management of Ministries or ministerial agencies specified in Joint Circulars between Ministers or Directors of ministerial agencies and the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, authorities that have promulgated such Joint Circulars shall cooperate with each other to consider and handle such Joint Circulars after receipt of examination conclusions.
2. In cases where authorities/persons that have promulgated unlawful documents fail to handle these documents in accordance with law, or authorities/persons competent to examine documents disagree with the document handling results, authorities/persons competent to examine documents shall urge the handling of documents by competent authorities/persons specified in clauses 3, 4, 5, 7, and 8 of this Article.
3. Ministers and Directors of ministerial agencies shall recommend the Prime Minister to make decisions on:
a) Suspending implementation of or annulling unlawful documents in full or in part of Ministers, Directors of ministerial agencies, provincial-level People’s Committees, or People’s Committees within special administrative-economic units within their examination competence;
b) Suspending implementation of unlawful Resolutions in full or in part of provincial-level People’s Councils or People’s Councils within special administrative-economic units within their examination competence.
Recommending the Prime Minister to handle unlawful documents as specified in this clause shall comply with Article 27 hereof.
4. The Minister of Justice shall comply with the regulations of clause 3 of this Article and request the Prime Minister to make decisions on:
a) Suspending implementation of or annulling unlawful Circulars in full or in part of Ministers, Directors of ministerial agencies; unlawful documents of provincial-level People’s Committees, or People’s Committees within special administrative-economic units;
b) Suspending implementation of unlawful Resolutions in full or in part of provincial-level People’s Councils or People’s Councils within special administrative-economic units;
c) Suspending implementation or annulling unlawful regulations on sectors and fields under the management of Ministries or ministerial agencies specified in Joint Circulars promulgated by Ministers or Directors of ministerial agencies and the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General;
5. The Minister of Public Security and the Minister of National Defense shall comply with the regulations of clause 3 of this Article and request the Prime Minister to handle documents containing classified information in accordance with the regulations of points a, b, and c of clause 4 of this Article within their examination competence.
6. In case where unlawful regulations are detected in Joint Circulars between Ministers or Directors of ministerial agencies and the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy, the State Auditor General, the Minister of Justice, Minister-Chairman of the Government Office, Minister of Public Security, or Minister of National Defense, within their examination competence as prescribed in Article 14 hereof, shall recommend the Chief Justice, the Procurator General, or the State Auditor General to consider and handle such Joint Circulars.
7. Directors of Departments of Justice and Heads of Divisions of Justice shall recommend the Chairpersons of the People’s Committees at the same level to make decisions on:
a) Suspending implementation of or annulling unlawful documents in full or in part of directly inferior People’s Committees;
b) Suspending implementation of unlawful Resolutions of directly inferior People’s Councils; then, report the suspension to People’s Committees for request to People’s Councils at the same level for annulment of such Resolutions;
8. The Ministry of Justice shall take charge of and cooperate with the Government Office and relevant Ministries or ministerial agencies in sending reports to the Prime Minister for consideration of request to the Standing Committee of the National Assembly for annulment of unlawful Resolutions of provincial-level People’s Councils or People’s Councils within special administrative-economic units that have already been suspended from implementation.
Article 25. Recommendation, report for re-consideration of document examination conclusions
1. In cases where there is sufficient evidence to prove that an examined document is not unlawful, the authority/person whose document is stated in the examination conclusion may make recommendations regarding the contents of the examination conclusion to the conclusion-promulgating authority/person within 5 working days from the date of receipt of such conclusion.
2. Within 10 days from the date of receipt of recommendations, the conclusion-promulgating authority/person shall consider, settle, and notify results thereof to the recommending authority/person.
3. In case where the conclusion-promulgating authority/person specified clause 2 of this Article rejects recommendations regarding the contents of legislative document examination conclusions, the authority/person whose document is stated in the examination conclusion may make recommendations/send a report to a competent authority under the following regulations:
a) With regard to legislative documents of Ministers, heads of ministerial agencies, provincial-level People's Councils, and provincial-level People's Committees, the authority/person whose document is stated in the examination conclusion shall send a report to the Prime Minister;
b) With regard to legislative documents of District-level People's Committees, District-level People's Councils, the authority/person whose document is stated in the examination conclusion shall send a report to the Chairperson of provincial-level People's Committee.
4. Within 10 days from the date of receipt of recommendations or reports from the authority/person whose document is stated in the examination conclusion, the competent authority specified clause 3 of this Article shall consider, settle, and notify results thereof to the recommending/reporting authority/person.
In cases where the conclusion-promulgating authority/person specified in clause 2 of this Article, or the competent authority specified clause 3 of this Article approve recommendations from the authority/person whose document is stated in the examination conclusion, the conclusion-promulgating authority/person shall annul such conclusion. If the recommendations are rejected, the authority/person whose document is stated in the examination conclusion shall handle such unlawful document in accordance with clause 2, Article 26 hereof.
Article 26. Time limit for handling of unlawful documents
1. Within 30 days from the date of receipt of examination conclusions on unlawful documents, promulgating authorities/persons shall handle these documents and notify results thereof, except for cases specified clause 2 of this Article.
2. In cases where authorities/persons that have promulgated unlawful documents make recommendations or send reports for reconsideration of examination conclusions in accordance with Article 25 hereof, the time limit for handling unlawful documents shall be as follows:
a) Authorities/persons that have promulgated unlawful documents shall handle these documents within 10 days from the date on which conclusion-promulgating authorities/persons notify the rejection of recommendations made under clause 2, Article 25 hereof.
b) Authorities/persons that have promulgated unlawful documents shall handle these documents within 05 days from the date on which competent authorities/persons notify the rejection of recommendations or reports made under clause 3, Article 25 hereof.
Article 27. Procedures for recommending the Prime Minister to handle unlawful documents
1. In cases where Ministers or Director of ministerial agencies recommend the Prime Minister to handle unlawful documents as prescribed in clause 3, Article 24 hereof, the following procedures shall be followed:
a) Ministers or Directors of the ministerial agencies shall send a recommendation dossier to the Ministry of Justice;
b) Within 15 days from the date of receipt of recommendations, the Minister of Justice shall consider and report to the Prime Minister for handling unlawful documents that are no longer controversial opinions on the constitutionality, legality, consistency in accordance with clause 4, Article 24 hereof;
c) With regard to documents that still have controversial opinions on the constitutionality, legality, consistency, within 30 days from the date of receipt of recommendations, the Minister of Justice shall take charge of and cooperate with the Minister-Chairman of the Government Office, Ministers, Directors of ministerial agencies, and Directors of Governmental agencies to convene a meeting and consider the constitutionality, legality, consistency of these documents.
The Minister of Justice shall make conclusions, recommend plans for handling of these documents, and report to the Prime Minister for consideration and decision.
2. The Minister of Public Security and the Minister of National Defense shall request the Prime Minister for consideration and decision on handling of documents containing classified information within their examination competence.
Article 28. Announcement of document on handling of unlawful document
1. A document on handling of unlawful legislative document shall be announced by the promulgating authority/person on the electronic Official Gazette and national legal database, and Portal or website of the promulgating authority within 03 days from the date on which such document is signed.
A document on handling of unlawful legislative document at the commune level shall be posed on headquarters of the commune-level People’s Council and commune-level People’s Committee and the website of the commune-level People’s Committee (if any).
2. A document on handling of document that contain legal norms or document providing for guidelines on application of legislative documents shall be sent agencies, organizations, and individuals previously receiving such document that contain legal norms or document providing for guidelines on application of legislative documents; If such handling document was posted on the Official Gazette or the portal/website of the promulgating authority, the handling results shall also be announced through those same communication means.
3. The regulations of clauses 1 and 2 of this Article do not apply to documents on handling of documents containing classified information.
Section 5. DUTIES AND RIGHTS OF AUTHORITIES/ PERSONS PROMULGATING EXAMINED DOCUMENTS AND RELEVANT AGENCIES, UNITS; REPORTING REGIME
Article 29. Duties of authorities/ persons promulgating examined documents
1. Provide necessary documents, information, and materials to authorities/persons competent to examine documents at request; and announce documents on handling of unlawful documents in accordance with Article 28 hereof (if any).
2. Provide explanations regarding the content of documents at request of authorities/persons competent to examine documents; send results of handling unlawful documents to authorities/persons that have promulgated examination conclusions (if any); send results of consideration and handling of responsibilities of collectives or individuals that proposed or promulgated unlawful documents to authorities/persons that have promulgated examination conclusions (if any).
3. Timely conduct internal examination to detect and handle unlawful documents in accordance with Section 2, Chapter II hereof.
4. Facilitate authorities/persons competent to examine documents during examination.
5. Implement recommendations on documents which they promulgate from authorities/persons competent to examine documents, authorities/persons that have promulgated examination conclusions.
Article 30. Rights of authorities/ persons promulgating examined documents
1. Be informed of examination plan, content, and specific requirements on examination.
2. Give opinions concerning the content of the examined documents; reject to answer or provide information beyond their assigned functions, duties, and powers, or classified information that are banned from provision in accordance with law.
3. Make recommendations or send reports to authorities/persons competent to re-consider examination conclusions in accordance with Article 25 hereof. When exercising this right, authorities/persons with examined documents shall provide evidence that these documents comply with the law and take responsibility before superior authorities and the law for the accuracy of their recommendations/reports.
Article 31. Responsibilities of relevant agencies, units
Agencies and units in charge of management of sectors/fields concerning the content of the examined documents shall promptly cooperate, provide relevant information, materials, opinions, and appoint appropriate representatives to attend meetings for document examination ; and assign representatives to join examination teams at request of authorities/persons competent in/responsible for document examination.
Article 32. Reporting regime regarding examination and handling of documents
1. The Ministry of Justice shall compile and send an annual report on examination and handling of documents to the Prime Minister on the basis of reports from Ministries, ministerial agencies, provincial-level People's Committees, and local governments within special administrative-economic units.
2. The time limit for sending annual reports, the time report data on examination and handling of documents is collected shall comply with regulations of the Minister of Justice.
3. An annual report on examination and handling of documents must contain the following basic contents:
a) Data on legislative documents that have been internally examined and handled; data on legislative documents that have been examined within competence; data on documents containing detected unlawful regulations and respective conclusions; data on documents that have been handled at the request of examining authorities; and data on documents that have been handled within competence;
b) Assessments regarding examination and handling of legislative documents; relevant legal regulations; organization and staffing; funding for examination and handling of documents; training, guidance, and retraining on examination and handling of legislative documents; and other necessary conditions for effective performance of such tasks;
c) Difficulties, obstacles, and recommendations;
d) A list of legislative documents that have promulgated ultra vires/contain unlawful regulations under findings after internal examination and conclusions after examination within competence (if any).
Chapter III
REVIEW, SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
Section 1. GENERAL PROVISIONS ON REVIEW, SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
Article 33. Reviewed, systematized legislative documents
1. Documents specified in Article 4 of the Law shall be reviewed and systematized, except for the Constitution.
2. The document review and systematization results shall be used in formulation of legislative documents and improvement of the legal system; the document systematization results shall be used for reference in the application and implementation of the law.
Article 34. Rules for review, systematization of legislative documents
1. Documents must be regularly and promptly reviewed when there are bases for review; the document review results must be considered and handled in a timely manner.
2. Documents must be periodically systematized. The Compendium of effective legislative documents must be timely published.
3. Documents containing classified information must be reviewed and systematized in accordance with laws on state secrets.
Article 35. Responsibilities of agencies, units, and individuals in organizing the review and systematization of legislative documents
1. Responsibilities of organizations under Ministries and ministerial agencies:
a) Organizations under Ministries and ministerial agencies shall assist their Ministers and Directors of their ministerial agencies in reviewing and systematizing documents within their respective competence and responsibility as prescribed in clause 2, Article 64 of the Law that govern matters under their charge;
b) Legal Departments of Ministries and ministerial agencies, and organizations acting as focal points to review and systematize documents within the Ministry of Justice shall urge and provide guidance for relevant organizations to conduct such review and systematization.
2. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the Ethnic Minorities Council, Committees of the National Assembly, the Office of the National Assembly, and the Office of the President shall prescribe the responsibilities of their units and individuals in reviewing and systematizing documents.
3. Responsibilities of agencies, units, and individuals within People's Committees:
a) Specialized agencies under provincial-level and district-level People's Committees shall take charge of and cooperate with Legal Departments of the People's Councils and other relevant agencies in reviewing and systematizing documents of the People's Committees and People's Councils of the same level in fields under their charge.
Other agencies, other than the above-mentioned specialized agencies, which have drafted documents of the People's Committees or People's Councils shall take charge of and cooperate with Legal Departments of the People's Councils, the Departments of Justice, Divisions of Justice, and other relevant agencies in reviewing and systematizing these documents.
b) Departments of Justice, Divisions of Justice shall urge and provide guidance for relevant agencies to review and systematize documents of People's Committees and People's Councils at their respective levels.
4. In the event of a transfer of functions and duties between agencies or units, receiving agencies or units shall review and systematize documents involved in the transferred functions and duties.
In cases of dissolution, acquisition, division, or adjustment of administrative boundaries, People's Committees of newly established administrative divisions shall review and systematize documents promulgated by the People's Committees and People's Councils of old administrative divisions.
Article 36. Recommendation for review and systematization of legislative documents
1. Agencies, organizations, and individuals that detect regulations that are contradictory, overlapping or no longer appropriate in documents may recommend regulatory agencies specified in Article 64 of the Law to review these documents.
2. Recommendation-receiving authorities shall consider for review of documents or forward recommendations to authorities responsible for reviewing documents, and at the same time, notify recommending agencies, organizations, or individuals of the recommendation acceptance or forwarding in accordance with law.
Article 37. Bases for review of legislative documents
1. Documents that are promulgated later and contain regulations concerning the reviewed documents shall serve as a basis for review. To be specific:
a) Legislative documents that are promulgated by superior authorities; legislative documents of authorities/persons that have promulgated the reviewed documents;
b) Administrative documents promulgated by competent authorities/persons to annul legislative documents in full or in part in cases where there are impacts from the apparatus restructuring or regulated entities no longer exist, documents elaborating or prescribing specific measures to organize and provide guidance on the implementation of the reviewed documents are announced to cease to have effect as prescribed in Article 4 of Decree No. 78/2025/ND-CP;
c) International treaties to which the Socialist Republic of Vietnam is a signatory that are effective after the promulgation date of the reviewed documents;
2. The socio-economic development serving as a basis for review shall follow guidelines, policies of the CPV and the State; results of investigation, survey, and practical information concerning regulated entities and scope of the reviewed documents.
Article 38. Forms of handling of reviewed legislative documents
1. Annulment of a document in full or in part:
a) A document shall be annulled in full without requiring the promulgation of replacement documents if its regulated entities no longer exist; whole of its regulations are overlapping, contradictory to documents serving as a basis for review, or no longer appropriate with the socio-economic development; or such document no longer applies;
b) A document shall be annulled in part without requiring the promulgation of amendment/supplement documents if a part of regulated entities no longer exist; a part of regulations are overlapping, contradictory to documents serving as a basis for review, or no longer appropriate with the socio-economic development; or a part of such document no longer applies;
2. A document shall be replaced in cases specified in clause 4, Article 8 of the Law.
3. A document shall be amended if a part of its regulations are overlapping, contradictory to documents serving as a basis for review, or no longer appropriate with the socio-economic development and promulgation of replacement/amendment/supplement documents is not required;
4. A new document shall be promulgated in cases where social relations to be prescribed in documents that are promulgated by superior authorities or social relations to be prescribed, but respective regulations have not been available are detected during review.
5. A document shall have their effect temporarily suspended in full or in part as prescribed in point a, clause 1, Article 56 of the Law.
6. A document elaborating or prescribing specific measures to organize and provide guidance on the implementation of a reviewed document shall be announced to cease to have effect as prescribed in clause 2, Article 57 of the Law.
7. A document on handling of a reviewed document as prescribed in this Article shall be promulgated in accordance with regulations of the Law and Decree No. 78/2025/ND-CP.
Sections 2. IDENTIFICATION OF BASES FOR REVIEW OF LEGISLATIVE DOCUMENTS, MATTERS TO BE REVIEWED, REVIEW RESULTS THEREOF
Article 39. Documents serving as a basis for review and legislative documents subject to review
1. Announcements regarding ceasing to have the effect of documents as prescribed in clause 2, Article 57 of the Law, documents that amend, supplement, replace, annul, temporarily suspend the effect, or provide the expiry date of one or more documents shall serve as a basis for review. Documents that are amended, supplemented, replaced, annulled; provided with the expiry date, announced to cease to have effect; or have their effect temporarily suspended shall be subject to review.
2. Announcements regarding ceasing to have the effect of documents as prescribed in clause 2, Article 57 of the Law; documents that amend, supplement, replace, annul, temporarily suspend the effect, or provide the expiry date of one or more documents serving as a basis for promulgation of one or more other documents shall serve as a basis for review. Documents whose documents serving as a basis for promulgation are amended, supplemented, replaced, annulled; provided with the expiry date, announced to cease to have effect; or have their effect temporarily suspended shall be subject to review.
3. Announcements regarding ceasing to have the effect of documents as prescribed in clause 2, Article 57 of the Law; documents that amend, supplement, replace, annul, temporarily suspend the effect, or provide the expiry date of one or more documents that are referred to in one or more other documents shall serve as a basis for review. Documents containing references to documents that are amended, supplemented, replaced, annulled, provided with the expiry date, announced to cease to have effect, or have their effect temporarily suspended shall be subject to review.
4. Documents containing regulations involved in one or more previously promulgated documents shall serve as a basis for review; such previously promulgated documents shall be subject to review.
Article 40. Socio-economic development serving as a basis for review of legislative documents
The socio-economic development serving as a basis for review of a document shall follow the following materials and information:
1. The CPV's Charter, Political Platform, resolutions, notifications, directives, and other official materials; official documents and materials of competent regulatory agencies involved in the reviewed document.
2. Investigation and survey results; socio-economic information; statistical data and reports; practical information and data; and other materials involved in the reviewed document as announced by competent regulatory agencies.
Article 41. Matters to be reviewed
1. Matters concerning a document to be reviewed on the basis of other documents:
a) The effect of such document;
b) The content of such document;
c) The competence to promulgate such document.
2. Matters concerning a document to be reviewed on the basis of socio-economic development:
a) The content of such document;
b) New social relations to be prescribed in legislative documents;
c) The competence to promulgate such document.
Article 42. Seeking opinions on review results of legislative documents and handling review results thereof
1. The reviewing authority shall seek opinions on the review results from relevant agencies, units. With regard to a jointly promulgated document, the reviewing authority shall seek opinions on the review results of authorities that jointly promulgate such document.
The reviewing authority shall convene meetings to exchange and discuss with agencies, units, organizations, and experts on the review results where necessary.
2. Consulted agencies and units shall send a written response, specifying agreements and disagreements (with respective reasons), or other opinions.
3. Agencies specified in Article 64 of the Law shall decide on or recommend competent authorities/persons to handle the review results in accordance with Articles 38, 43, and 44 hereof.
Article 43. Annual announcement of the list of legislative documents that cease to have effect or have their effect temporarily suspended
1. Agencies specified in Article 64 of the Law, except for the National Assembly Standing Committee, must promulgate a resolution or administrative decision to announce the list of documents under their review charge that cease to have effect or their effect temporarily suspended by January 31 every year.
2. Lists of central-level, provincial-level, and district-level documents that cease to have effect or have their effect temporarily suspended must be posted on the electronic Official Gazette and updated on the national legal database. Lists of commune-level documents that cease to have effect or have their effect temporarily suspended (if any) must be posted at the headquarters of the People’s Councils and the People’s Committees and on websites of commune-level People’s Committees (if any).
3. Documents that cease to have effect or have their effect temporarily suspended between January 1 and December 31 in the same year, including documents already announced to cease to have effect by competent authorities under clause 2, Article 57 of the Law, shall be added to the annually announced lists of legislative documents that cease to have effect or have their effect temporarily suspended.
The reviewing authority shall add the missed documents that cease to have effect or have their effect temporarily suspended in the immediately preceding announcement period to the current list.
4. Decisions to announce lists of documents that cease to have effect or have their effect temporarily suspended of Ministers, Directors of ministerial agencies, and provincial-level People’s Committees shall be sent to the Ministry of Justice; those of district-level People’s Committees shall be sent to the provincial-level People’s Committees and Departments of Justice; those of commune-level People’s Committees shall be sent to the district-level People’s Committees and Divisions of Justice for monitoring.
5. A list of documents that cease to have effect or have their effect temporarily suspended shall be made according to Form No. 1 or Form No.2 specified in the Appendix enclosed herewith.
6. Legal Departments of Ministries, ministerial agencies, and units acting as focal points to review and systematize documents within the Ministry of Justice, Departments of Justice, and Divisions of Justice shall compile, formulate, submit the draft decisions to announce lists of documents that cease to have effect or have their effect temporarily suspended to competent authorities.
Article 44. Handling of documents detected to be unlawful at the promulgation date
When detecting a suspected unlawful document at the time of its promulgation which is subject to examination, the reviewing authority shall examine such document or make recommendations or feedback in accordance with Article 8 of this Decree.
Section 3. OVERALL REVIEW OF THE SYSTEM OF LEGISLATIVE DOCUMENTS, REVIEW OF LEGISLATIVE DOCUMENTS BY TOPIC, FIELD OR GEOGRAPHICAL AREA
Article 45. Overall review of the system of legislative documents
1. The Government shall submit the plan for overall review of the system of legislative documents to the Standing Committee of the National Assembly for promulgating and organizing the implementation thereof.
2. The Ministry of Justice shall assist the Government in preparing the plan for overall review of the system of legislative documents and act as a focal point to organize the implementation thereof.
Article 46. Plan for review of the legislative documents by topic, field or geographical area
1. Ministers and Directors of ministerial agencies shall, within their state management competence, assist the Prime Minister in preparing a plan for review of the legislative documents by topic, field or geographical area and organizing the implementation thereof as decided by the Prime Minister.
Heads of organizations under Ministries and ministerial agencies shall assist their Ministers and Directors of their ministerial agencies in preparing plans for review of documents regulating matters within fields under their charge and organizing the implementation thereof.
Heads of specialized agencies under provincial-level and district-level People’s Committees shall take charge of and cooperate with Legal Committees of the respective People’s Councils and relevant agencies in preparing plans for review of documents of the People’s Committees and People’s Councils at the same level regulating matters within fields under their charge and organizing the implementation thereof.
2. A document review plan must contain review objectives, requirements, reviewed document, scope; implementation schedule and period; assignments of agencies/units to take charge of and cooperate in plan implementation; funding and other necessary conditions for plan implementation.
3. An authority that reviews documents by topic, field or geographical area at the request of a competent authority/person is not required to prepare a document review plan.
Article 47. RESULTS OF OVERALL REVIEW OF THE SYSTEM OF LEGISLATIVE DOCUMENTS, REVIEW OF LEGISLATIVE DOCUMENTS BY TOPIC, FIELD OR GEOGRAPHICAL AREA
1. The results of overall review of the system of legislative documents, review of legislative documents by topic, field or geographical area shall include system assessments; recommendations and proposals for handling documents with aiming to improve the regulatory framework.
2. The results of overall review of the system of legislative documents, review of legislative documents by topic, field or geographical area must be recorded in a report.
Competent authorities/persons shall, based on objectives of and requirements on overall review of the system of legislative documents, review of legislative documents by topic, field or geographical area, decide to review decisions on preparation of lists of documents according to Forms specified in the Appendix enclosed herewith or lists of documents under other appropriate criteria.
Article 48. Announcement of results of overall review of the system of legislative documents, review of legislative documents by topic, field or geographical area
1. The Government shall submit the results of overall review of the system of legislative documents to the Standing Committee of the National Assembly for decision to announce these results.
2. An authority/person that decides on a review of documents by topic, field or geographical area shall decide on announcement of review results.
3. A document on announcement of results of overall review of the system of legislative documents, review of legislative documents by topic, field or geographical area shall be administrative one.
Section 4. SYSTEMATIZATION CONTENTS OF LEGISLATIVE DOCUMENTS AND SEQUENCE AND PROCEDURES FOR SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
Article 49. Periodic systematization of legislative documents
1. Legislative documents must be periodically systematized and the results of such systematization must be announced every 05 years. The reference date of identifying documents subject to systematization for announcement (hereinafter referred to as the “systematization date”) shall December 31 of the fifth year after the immediately preceding systematization period.
2. Documents must be periodically systematized under a plan. Such plan must contain the systematization objectives and requirements; documents to be systematized and scope; implementation schedule and period; assignments of units to take charge of and cooperate in plan implementation; funding and other conditions for plan implementation.
Article 50. Systematization contents of legislative documents
1. Gathering documents subject to systematization.
2. Re-checking the results of reviews of documents and conducting additional reviews.
3. Arranging effective documents according to the criteria specified in Article 52 hereof.
4. Announcing the lists of documents and the Collection of systematized effective documents.
Article 51. Sequence of systematization of legislative documents
1. Gathering documents subject to periodic systematization, which include those in the list of effective documents announced in the immediately preceding systematization period; those promulgated during the current systematization period (including those that have not yet been effective).
Gathering the results of previously conducted reviews of documents subject to systematization.
3. Re-checking the results of reviews of documents and conducting additional reviews:
a) The review results of documents subject to systematization shall be re-checked to ensure the accuracy of their effect as of the systematization date;
b) In case a document has its legal status that has not been updated under the review results or such document has not been reviewed in accordance with law, the competent authority/person shall conduct a review in accordance with this Decree.
4. Preparing lists of documents:
a) A list of that cease to have effect or have their effect temporarily suspended in full; a list of effective documents (including documents that have their effect temporarily suspended in part) as of the systematization date; a list of documents that need to have their effect suspended, or to be amended, supplemented, replaced, annulled or newly promulgated;
b) Lists of documents made according to Forms specified in the Appendix enclosed herewith.
5. Arranging effective documents into a Collection of systematized documents:
The whole contents of documents in the list of effective documents shall be arranged into a Collection of systematized documents.
6. Announcing of document systematization results:
a) Agencies specified in Article 64 of the Law, except for the Standing Committee of the National Assembly, shall announce the systematization results under their charge;
b) The document systematization results shall include the lists of documents and the Collection of systematized documents specified in clauses 4 and 5 of this Article;
c) A document on announcement of document systematization results shall be administrative one;
d) The systematization results must be announced by February 1 for central-level documents or by March 1 for documents of the People’s Councils and People’s Committees at all levels in the year following the final year of the systematization period.
7. The systematization results must be updated on the national legal database in accordance with law.
Lists of central-level, provincial-level, and district-level documents that cease to have effect or have their effect temporarily suspended must be posted on the electronic Official Gazette and updated on the national legal database. Lists of commune-level documents that cease to have effect or have their effect temporarily suspended (if any) must be posted at the headquarters of the People’s Councils and the People’s Committees and on websites of commune-level People’s Committees (if any).
When detecting errors in the lists of documents and the Collection of systematized effective documents that have been announced, a re-review shall be conducted for correction.
Article 52. Criteria for arrangement of documents in the Collection of systematized legislative documents and lists of legislative documents
Documents in the Collection of systematized documents and lists of documents shall be arranged by the following criteria:
1. State management field of an agency or field decided by the systematizing authority;
2. Sequence of documents, in the descending order of their legal effect;
3. Chronological sequence of promulgation of documents, from those promulgated first to those promulgated later;
4. Other criteria appropriate to state management requirements.
Article 53. Cooperation among agencies and units in the systematization of legislative documents
1. Legal Departments of Ministries, ministerial agencies, and units acting as focal points to review and systematize of documents within the Ministry of Justice, Departments of Justice, and Divisions of Justice shall assist their Ministers, Directors of their ministerial agencies or People’s Committees at the same level in preparing plans on systematization of documents and act as the focal points to organize the implementation thereof.
2. Organizations under under Ministries and ministerial agencies shall systematize documents and submit the results of such systematization to the Legal Departments or units acting as focal points to review and systematize of documents for compilation.
Provincial-level and district-level agencies and units shall systematize documents and submit the results of such systematization to the Departments of Justice/Divisions of Justice for compilation.
3. Legal Departments of Ministries, ministerial agencies, and units acting as focal points to review and systematize of documents within the Ministry of Justice, Departments of Justice, and Divisions of Justice shall re-check and submit the systematization results to their Ministers, Directors of their ministerial agencies or People’s Committees at the same level for consideration and announcement.
4. Cooperation among units managed by the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office, the Ethnic Minorities Council, Committees of the National Assembly, the Office of the National Assembly, and the Office of the President in the systematization of documents shall be comply with their respective internal regulations.
5. Ministries, ministerial agencies, provincial-level People's Committees shall send their systematization results to the Ministry of Justice within 20 days from the date on which these results are announced for monitoring, compilation, and reporting to the Prime Minister.
Section 5. REPORTING REGIME, FORMS USED IN REVIEW, SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
Article 54. Annual reporting regime
1. Annually, the Ministry of Justice shall compile and send reports on review and systematization of documents to the Prime Minister on the basis of reports from Ministries, ministerial agencies, provincial-level People's Committees, and local governments within special administrative-economic units.
2. The time limit for sending annual reports, the time report data concerning review and systematization of documents is collected shall comply with regulations of the Minister of Justice.
3. An annual report on review and systematization of documents must contain the following basic contents:
a) Results of review and systematization of documents, which include data on the number of documents subject to review and number of documents that have been reviewed, document review results, handling of the reviewed documents; document systematization results; and results of review of documents by topic, field or geographical area;
b) General assessments of the quality of the formulation and promulgation of documents subject to review or systematization;
c) Assessments of the legal regulations on review and systematization of documents; organization, staffs and funding for review and systematization of documents;
d) Cooperation in the review and systematization of documents; training and retraining in and other conditions for review and systematization of documents;
c) Difficulties, obstacles, and recommendations;
h) Other relevant contents.
4. Agencies specified in clauses 3, 4, 5, 6, and 7 of Article 64 of the Law shall provide information on review and systematization of documents and results thereof in accordance with clause 3 of this Article.
Article 55. Forms used in review, systematization of legislative documents
1. A list of documents that cease to have effect or have their effect temporarily suspended in full shall be made according to Form No. 1 specified in the Appendix enclosed herewith.
2. A list of documents that cease to have effect or have their effect temporarily suspended in part shall be made according to Form No. 2 specified in the Appendix enclosed herewith.
3. A list of effective documents shall be made according to Form No. 3 specified in the Appendix enclosed herewith.
4. A list of documents that need to have their effect suspended, or to be amended, supplemented, replaced, annulled or newly promulgated shall be made according to Form No. 4 specified in the Appendix enclosed herewith.
5. A Collection of systematized documents shall be made according to Form No. 5 specified in the Appendix enclosed herewith.
Chapter IV
ASSURANCE OF RESOURCES FOR EXAMINATION, REVIEW AND SYSTEMATIZATION OF LEGISLATIVE DOCUMENTS
Article 56. Personnel, physical facilities, funding for examination, review, systematization of legislative documents
1. Personnel, physical facilities, funding, specific policies for examination, review, systematization of legislative documents shall comply with Articles 69 and 70 of the Law, Resolutions of the National Assembly, this Decree and documents elaborating and prescribing guidelines on implementation.
2. Competent authorities/persons shall assure and prioritize the allocation of resources for investment in physical facilities, modernization of technical infrastructure, working equipment, application of digital technology, and digital transformation during examination, review, systematization and handling of legislative documents; investment in solutions for application of big data and artificial intelligence in examination, review, and systematization of legislative documents in other for timely, prompt and accurate detection of regulations that are unlawful, contradictory, overlapping or no longer appropriate, thereby effectively servicing the development and improvement of the legal system.
3. Competent authorities/persons shall, based on their assigned functions, duties, workload, and specific characteristics of tasks, sufficiently arrange staffs who have the appropriate capacity and qualifications within the total number of allocated staffs to effectively conduct examination, review, systematization and handling of legislative documents.
4. Personnel engaged in examination, review, systematization and handling of legislative documents shall be arranged, employed, trained, and retrained in accordance with law.
5. The funding for examination, review, systematization and handling of legislative documents shall be covered by the state budget based on the decentralized power of competent authorities/persons and other lawful funding sources in accordance with law.
Expenditure contents and expenditures for examination, review, systematization and handling of legislative documents shall comply with regulations of the Minister of Finance.
Article 57. Employment of experts and collaborators in examination, review, systematization of documents
1. During examination, review, systematization of documents, heads of agencies, organizations, and units may employ appropriate experts and collaborators selected on the basis of specific criteria for each task.
2. Selected experts and collaborators must possess professional qualifications relevant to sectors/fields requiring consultation or collaboration, or experience in formulating legislative documents, organizing the implementation thereof or examining, reviewing, or systematizing legislative documents.
3. Experts and collaborators engaged in examination, review, systematization of documents shall be entitled to the following benefits:
a) Experts shall receive remuneration as agreed; be provided with relevant information during the performance of their tasks; have the covered expenses for attendance of conferences, seminars, discussions, field surveys and investigations; be eligible for commendation and recognition appropriate to their contributions to the development and improvement of the Vietnamese legal system; and be entitled to other benefits in accordance with the law.
Experts who are overseas Vietnamese or foreign experts shall be entitled to benefits under the regulations on attracting individuals engaged in science, technology, innovation, and digital transformation;
Collaborators shall receive amounts specified in fixed-term contracts or remuneration under lump-sum contracts calculated by the number of documents sent to them for seeking opinions; receive work-trip allowances when participating in examination teams; and be entitled to other benefits in accordance with the law.
4. The employment of experts and collaborators must be approved in writing by the heads of agencies, organizations, or units. Remuneration and other allowances for experts shall be paid and settled in accordance with the law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 58. Responsibilities of agencies and individuals in examination and handling of legislative documents
1. a) Ministers or Directors of ministerial agencies shall:
a) Urge, direct, and inspect the examination and handling of legislative documents within their competence;
b) Provide professional retraining in examination and handling of legislative documents; build and manage forces of collaborators engaged in document examination under the management of their Ministries or ministerial agencies;
c) Conduct preliminary and summary of the examination and handling of documents by their Ministries or ministerial agencies.
2. The Minister of Justice shall:
a) Assist the Government in unifying the state management of the examination and handling of documents nationwide;
b) Urge, direct, and inspect the examination and handling of documents by Ministries, ministerial agencies, and local governments;
c) Provide guidance on and professional retraining in the examination and handling of documents nationwide; build and manage forces of collaborators engaged in document examination;
d) Conduct preliminary and summary of the examination and handling of documents.
3. People's Committees at all levels shall:
a) Urge, direct, and inspect the examination and handling of documents at their administrative divisions;
b) Provide guidance on and professional retraining in the examination and handling of documents nationwide; build and manage forces of collaborators engaged in document examination at their administrative divisions;
d) Conduct preliminary and summary of the examination and handling of documents at their administrative divisions.
Article 59. Responsibilities of agencies and individuals in review and systematization of legislative documents
1. Agencies specified in Article 64 of the Law (except the Standing Committee of the National Assembly) shall:
a) Urge, direct, and inspect the review and systematization of legislative documents within their competence;
b) Provide guidance on and professional retraining in the review and systematization of legislative documents nationwide; build and manage forces of collaborators engaged in the review and systematization of legislative documents;
c) Conduct preliminary and summary of the review and systematization of legislative documents;
d) Agencies specified in clauses 3, 4, 5, 6, and 7 of Article 64 of the Law shall provide information on review and systematization of documents and results thereof to the Ministry of Justice for compilation and submission of the Government’s draft report to the National Assembly and the Standing Committee of the National Assembly.
2. The Minister of Justice shall:
a) Take responsibility before the Government for state management of the review and systematization of legislative documents;
b) Urge, direct, and inspect the review and systematization of legislative documents by Ministries, ministerial agencies, and local governments;
c) Provide guidance on and professional retraining in the review and systematization of documents nationwide; build and manage forces of collaborators engaged in the review and systematization of legislative documents;
d) Conduct preliminary and summary of the review and systematization of legislative documents;
3. People's Committees at all levels shall:
a) Assign in-charge units, establish assignment and cooperation mechanisms and provide conditions for the review and systematization of legislative documents;
b) Urge and direct the review and systematization of legislative documents at their administrative divisions;
c) Provide guidance on and professional retraining in the review and systematization of legislative documents nationwide; build and manage forces of collaborators engaged in the review and systematization of legislative documents;
d) Conduct preliminary and summary of the review and systematization of legislative documents at their administrative divisions;
Article 60. Transitional provisions
1. The examination, review, systematization and handling of effective legislative documents promulgated before April 1, 2025, which have not yet been or are being examined, reviewed, systematized and handled shall comply with the provisions of this Law and Decree; legislative documents that have been concluded to be unlawful but have not yet been handled shall be handled in accordance with this Decree.
2. District-level People's Committees shall examine effective legislative documents of commune-level People’s Councils and commune-level People's Committees. Divisions of Justice shall assist the People's Committees at the same level in examining documents specified in this clause.
3. Commune-level People’s Councils and commune-level People's Committees shall internally examine effective legislative documents that they promulgate.
Article 61. Entry into force
This Decree comes into force from April 1, 2025.
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ON BEHALF OF
GOVERNMENT OF VIETNAM |
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