Ordinance No. 01/2012/UBTVQH13 Consolidating Legal Normative Documents

ORDINANCE
Consolidation of Legal Normative Documents

 

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to Article 92 of the Law on Legislative Acts number 17/2008/QH12;

The Standing Committee of the National Assembly promulgates this Ordinance on the consolidation of legislative acts.

PART I
GENERAL PROVISIONS

This Ordinance stipulates the consolidation of legislative acts (hereinafter referred to as "acts") issued by central state agencies, the authority and responsibility of agencies in consolidating acts, the procedures and techniques for consolidating acts with the aim of contributing to ensuring a simple, clear, and easy-to-use legal system, thereby enhancing the effectiveness of law enforcement.

In this Ordinance, the following terms shall be understood as follows:

1. Consolidation of acts means incorporating the content of amendments and supplements from an act amending and supplementing certain provisions of a previously issued act (hereinafter referred to as "amended and supplemented act") into the amended and supplemented act according to the procedures and techniques prescribed in this Ordinance.

2. Consolidated document is the amendment and supplement document and the document being amended and supplemented.

3. Consolidated document is the document formed after consolidating the amendment and supplement document with the document being amended and supplemented.

4. Signing to authenticate consolidated document is the act of the authorized person signing to confirm the accuracy of the content and technique of the consolidated document.

Article 3. Principles of consolidation of acts

2. The consolidation of acts must not alter the content and validity of the consolidated act.

3. Adhere to the procedures and techniques for consolidating acts.

Consolidated documents shall be officially used in the application and enforcement of laws.

Chapter II
AUTHORITY AND ORGANIZATION OF CONSOLIDATION OF ACTS

1. The Director of the National Assembly Office shall organize the consolidation and sign to authenticate the consolidated act for acts of the National Assembly, the Standing Committee of the National Assembly, and joint acts between the Standing Committee of the National Assembly and central agencies of political-social organizations.

2. Within five working days from the date of publication of the amended and supplemented act, the Director of the National Assembly Office shall complete the consolidation of the act and sign to authenticate the consolidated act.

1. The head of the agency primarily drafting the amended and supplemented act of the President, the Government, or the Prime Minister shall organize the consolidation and sign to authenticate the consolidated act for acts of the President, the Government, the Prime Minister, and joint acts between the Government and central agencies of political-social organizations.

2. Within two working days from the date of issuance, the amended and supplemented act of the President, the Government, or the Prime Minister, and the amended and supplemented joint act between the Government and central agencies of political-social organizations shall be sent to the agency primarily drafting the amended and supplemented act for consolidation of the act.

3. Within five working days from the receipt of the act as provided for in Clause 2 of this Article, the head of the agency primarily drafting the amended and supplemented act shall complete the consolidation of the act and sign to authenticate the consolidated act.

1. The Chief Justice of the Supreme People's Court shall organize the consolidation and sign to authenticate the consolidated act for acts issued by himself, acts of the Supreme People's Court Council, and joint acts drafted primarily by his agency.

2. The Prosecutor General of the Supreme People's Procuracy shall organize the consolidation and sign to authenticate the consolidated act for acts issued by himself and joint acts drafted primarily by his agency.

3. Ministers, Heads of ministerial-level agencies, shall organize the consolidation and sign to authenticate the consolidated act for acts issued by themselves and joint acts drafted primarily by their agencies.

4. The State Auditor General shall organize the consolidation and sign to authenticate the consolidated act for acts issued by himself.

5. Within five working days from the date of issuance of the act, the person authorized as provided for in Clauses 1, 2, 3, and 4 of this Article shall complete the consolidation of the act and sign to authenticate the consolidated act.

1. The posting of consolidated documents on the official websites of government agencies is carried out as follows:

a) The Consolidated Document prescribed in Clause 1, Article 5 of this Ordinance shall be published on the electronic information website of the National Assembly;

b) The Consolidated Document for documents of the Government, the Prime Minister, and joint documents between the Government and central agencies of political-social organizations shall be published on the electronic information website of the Government. The agency responsible for consolidation shall have the responsibility to send the Consolidated Document to the Office of the Government within two working days from the date of signing the verification, to publish it on the electronic information website of the Government;

c) The Consolidated Document for documents prescribed in Clauses 1, 2, 3, and 4 of Article 7 of this Ordinance shall be published on the electronic information website of the agency responsible for consolidating the document.

2. The Consolidated Document must be published simultaneously with the amended and supplemented document in the same issue of the Official Gazette.

The agency responsible for consolidation has the responsibility to send the Consolidated Document to the Official Gazette agency to implement its publication.

3. The Consolidated Document published on the electronic Official Gazette and the electronic information website of the agency prescribed in Clause 1 of this Article shall be accessible free of charge.

Article 9. Handling Errors in Consolidated Documents

1. In case of errors in technical aspects leading to the content of the consolidated document differing from the content of the document being consolidated, the provisions of the document being consolidated shall apply.

2. Agencies, organizations, and individuals who discover errors in the Consolidated Document shall submit their recommendations to the agency responsible for consolidation to promptly address them; in cases where the agency responsible for consolidation cannot be identified, they shall submit their recommendations to the Ministry of Justice so that the Ministry of Justice can immediately notify the responsible agency to handle the errors.

3. Within five working days from the date of receipt of the recommendation, the agency responsible for consolidation shall cooperate with the Official Gazette agency to handle errors in the Consolidated Document and make corrections in the Official Gazette according to the provisions of the Official Gazette Law.

The Consolidated Document that has been corrected for errors must be published on the electronic Official Gazette and the electronic information website of the agency prescribed in Clause 1 of Article 8 of this Ordinance.

1. Responsibilities of the agency responsible for consolidation:

a) To take the lead and coordinate with relevant agencies in consolidating documents;

b) To ensure necessary conditions for consolidating documents;

c) To ensure the accuracy of content and technical consolidation of the Consolidated Document;

d) To handle errors in the Consolidated Document.

2. Responsibilities of the Ministry of Justice:

a) To guide technical consolidation of documents; to train skills in consolidating documents;

b) To monitor and urge the consolidation of documents;

c) To recommend the agency responsible for consolidating documents to handle errors in the Consolidated Document.

Chapter III
TECHNIQUES FOR CONSOLIDATING DOCUMENTS

Article 11. Format and Presentation Techniques for Consolidated Documents

1. The format of the Consolidated Document includes the national emblem, slogan, name of the Consolidated Document, preface, basis for issuance, parts, chapters, sections, articles, clauses, points of the document being amended and supplemented, and other contents consolidated according to the techniques prescribed in this Chapter, implementation provisions, and the verification signature section.

2. The presentation technique for the Consolidated Document shall be implemented according to the provisions of this Ordinance and other relevant laws.

Article 12. Name of the consolidated document

1. The name of the consolidated document is the name of the document being amended and supplemented.

2. The name of the document being amended and supplemented and the name of the amending and supplementing document shall be listed immediately after the name of the Consolidated Document. Along with the name of the document being amended and supplemented and the amending and supplementing document, the number, code, date of passage or issuance, issuing authority, and effective date of each document must be clearly stated.

Article 13. Consolidation of the preamble and basis for issuance

1. In consolidated documents where the preamble has been amended, supplemented, or revoked, the consolidation of the preamble shall be carried out in accordance with Articles 14, 15, and 16 of this Ordinance.

2. In consolidated documents, there must be annotation symbols immediately at the part stating the basis for issuance, and at the end of each page of the consolidated document, the name, number, and symbol of the amending and supplementing document, along with its basis for issuance, must be clearly noted.

Article 14. Consolidation of amended content

1. In consolidated documents where parts, chapters, sections, articles, clauses, points, paragraphs, or phrases have been amended, the numbering of parts, chapters, sections, articles, clauses, and points in the consolidated document remains unchanged from the amending and supplementing document.

2. In the consolidated document, there must be a reference symbol immediately at the parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been amended.

3. At the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the effective date of the amendment provision for parts, chapters, sections, articles, clauses, points, paragraphs, phrases must be clearly noted.

Article 15. Consolidation of supplemented content

1. In consolidated documents where parts, chapters, sections, articles, clauses, points, paragraphs, or phrases have been added, the numbering of parts, chapters, sections, articles, clauses, and points in the consolidated document remains unchanged from the amending and supplementing document.

2. The arrangement of parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been supplemented in the consolidated document shall be carried out according to the order specified in the amending and supplementing document.

3. In the consolidated document, there must be a reference symbol immediately at the parts, chapters, sections, articles, clauses, points, paragraphs, phrases that have been supplemented.

4. At the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the effective date of the supplementation provision for parts, chapters, sections, articles, clauses, points, paragraphs, phrases must be clearly noted.

Article 16. Consolidation of repealed content

1. In consolidated documents where parts, chapters, sections, articles, clauses, points, paragraphs, or phrases have been revoked, the content that has been revoked will not be reflected in the consolidated document. The numbering of parts, chapters, sections, articles, clauses, and points in the consolidated document remains unchanged from the amending and supplementing document.

2. In consolidated documents where parts, chapters, sections, articles, clauses, or points have been revoked, there must be annotation symbols and the phrase "revoked" immediately following the numbering of those parts, chapters, sections, articles, clauses, or points; in cases where paragraphs or phrases have been revoked, there must be annotation symbols immediately at their positions.

3. At the end of the page of the consolidated document, the name, number, and code of the amending and supplementing document and the effective date of the repeal provision for parts, chapters, sections, articles, clauses, points, paragraphs, phrases must be clearly noted.

Article 17. Presentation of provisions on implementation in consolidated documents

1. Where the amending and supplementing document contains provisions on effectiveness, implementation responsibilities, responsibilities of agencies and organizations in detailing and guiding implementation, and transitional provisions, in the consolidated document, there must be annotation symbols immediately at the name of the chapter or article containing such implementation provisions, and at the end of each page of the consolidated document, the name, number, symbol, effective date, and implementation contents of the amending and supplementing document must be clearly noted. If the amending and supplementing document does not contain a chapter or article on implementation, these contents must be presented in the implementation provisions section at the end of the consolidated document, accompanied by the name, number, and symbol of the amending and supplementing document.

2. Where the issuing agency of the consolidated document has issued a document detailing the implementation of the consolidated document, in the consolidated document, there must be annotation symbols immediately at the name of the chapter or article detailing the implementation, and at the end of each page of the consolidated document, the name, number, symbol, date, month, and year of promulgation or approval of the implementation detailing document must be clearly noted. If the amending and supplementing document does not contain a chapter or article on implementation, annotation symbols must be placed in the implementation provisions section of the consolidated document, and at the end of each page of the consolidated document, the name, number, symbol, date, month, and year of promulgation or approval of the implementation detailing document must be clearly noted.

The presentation of the name of the consolidated document, the preamble, the basis for issuance, the amended and supplemented content, the revoked content, the implementation provisions section, and the signature verification section in the consolidated document shall be carried out according to the model prescribed in the Appendix accompanying this Ordinance.

Chapter IV
IMPLEMENTING PROVISIONS

Article 19. Consolidation of documents issued before this Ordinance comes into effect

1. Within two years from the date this Ordinance takes effect, all documents issued before this Ordinance takes effect must be consolidated and published on the electronic Gazette and the website of the agency specified in Clause 1 of Article 8 of this Ordinance.

2. The Government, the Supreme People's Court, the Supreme People's Procuracy, the Office of the National Assembly, and the State Audit Organization shall develop plans and ensure funding for the consolidation of documents as stipulated in Clause 1 of this Article.

Article 20. Effective Date

1. This Ordinance takes effect from July 1, 2012.

2. Chapter VIII of the Regulation on the Presentation Techniques for Draft Legal Normative Documents of the National Assembly and the Standing Committee of the National Assembly, promulgated together with Resolution No. 1139/2007/UBTVQH11 dated July 3, 2007 of the Standing Committee of the National Assembly, shall cease to be effective from the date this Law takes effect./.