Ordinance No. 03/2012/UBTVQH13 Legal Codification System of Regulatory Legal Norms

ORDINANCE

Codification of Legal Normative Documents System

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 93 of the Law on Enacting Legal Normative Documents No. 17/2008/QH12;

The Standing Committee of the National Assembly promulgates this Ordinance on codification of the legal normative documents system,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates principles, authority, procedures, and processes for codification; responsibilities of state agencies in implementing codification and conditions ensuring codification work.

Article 2. Interpretation of Terms

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

1. Codification is the process whereby state agencies review, collect, and arrange legal norms still in effect in legal normative documents issued by central state agencies, except for the Constitution, to build the Code.

2. Subject is a component part of the Code containing legal norms regulating certain social relations defined by field.

3. Section is a component part of the subject containing legal norms regulating a certain group of social relations.

Article 3. Principles of Implementing Codification

1. Not to alter the content of legal norms being codified.

2. To follow the hierarchy of legal validity of legal norms from higher to lower.

3. To update new legal norms into the Code and remove expired legal norms from the Code.

4. To comply with authority, procedures, and processes for implementing codification.

Article 4. Authority for Implementing Codification

1. Ministries and ministerial-level agencies shall implement codification for legal norms in normative legal documents they issue or primarily draft; legal norms in normative legal documents submitted by agencies, organizations, or National Assembly deputies that regulate issues within their administrative management scope.

2. Supreme People's Court, Supreme People's Procuracy, State Audit Office shall implement codification for legal norms in normative legal documents they issue or primarily draft; legal norms in normative legal documents submitted by agencies, organizations, or National Assembly deputies that regulate issues within their operational scope.

3. National Assembly Office shall implement codification for legal norms in normative legal documents issued by the National Assembly and the Standing Committee of the National Assembly that regulate issues not within the codification authority of state agencies specified in Clause 1 and Clause 2 of this Article.

4. President's Office shall implement codification for legal norms in normative legal documents issued by the President that are not within the codification authority of state agencies specified in Clause 1 and Clause 2 of this Article.

Article 5. Use of the Code

The Code built according to this Ordinance is the official Code of the State, used for reference in applying and implementing laws.

Chapter II
CODE AND PROCEDURES FOR CODIFICATION

Article 6. Structure of the Code

1. The Code is structured by subjects. Each subject may contain one or more sections. Within a section, depending on the content, there may be parts, chapters, sections, articles, clauses, points.

2. In the Code, sections, parts, chapters, sections, articles, clauses, points are numbered in sequence, and if related to other contents of the Code, they must be indicated.

Articles in the Code are marked to distinguish the form of normative legal documents and annotated to identify the article of the normative legal document being codified.

3. The Government shall provide detailed regulations on this Article.

Article 7. Subjects in the Legal Code

The subjects in the Legal Code are defined and arranged as follows:

1. National security;

2. Insurance;

3. Postal services, telecommunications;

4. Judicial assistance;

5. Civil servants, public officials, civil servants;

6. Social policies;

7. Industry;

8. Population, family, children, gender equality;

9. Civil;

10. Ethnic groups;

13. Geology and mineral resources;

12. Enterprises, cooperatives;

13. Education, training;

14. Transportation, transport;

15. Administrative judiciary;

16. Criminal;

17. Accounting, auditing;

18. Complaints, denunciations;

19. Science, technology;

20. Labor;

21. Environment;

22. Banking, currency;

23. Diplomacy, international treaties;

24. Agriculture, rural areas;

25. National defense;

26. Finance;

27. Natural resources;

28. State assets, public debt, state reserves;

29. Commendation, awards, national honors;

30. Enforcement of judgments;

31. Statistics;

32. Information, press, publishing;

33. Tax, fees, charges, other revenues;

34. Trade, investment, securities;

35. State administrative organization;

36. Political-social organizations, associations;

37. Litigation, and dispute resolution methods;

38. Religion, belief;

39. Social order and safety;

40. Mutual legal assistance;

41. Culture, sports, tourism;

42. Archiving, records management;

43. Construction, housing, urban areas;

44. Lawmaking and enforcement of laws;

45. Health, pharmacy.

Article 8. Supplementing new subjects, deciding the roadmap for building the Legal Code and assigning agencies to implement codification

1. The Government decides to supplement new subjects based on the proposal of the Minister of Justice.

2. The Prime Minister decides the roadmap for building the Legal Code.

3. Based on the provisions of Article 4 of this Ordinance and the proposal of the Minister of Justice, the Prime Minister assigns agencies to implement codification for each subject (hereinafter referred to as codification by subject).

Article 9. Codification by subject

1. Codification by subject is carried out as follows:

a) Building the structure of the subject based on the structure of the highest legally effective normative legal document regulating the social relations within the content of the subject; if necessary, the agency implementing codification may supplement parts, chapters, sections into the structure of the subject;

b) Collecting, classifying normative legal documents within the content of the subject; reviewing to eliminate contents without legal norms or have expired; identifying conflicting, overlapping legal norms that are no longer suitable with reality for handling according to authority;

c) Compiling remaining valid legal norms and arranging them in descending order of the legal force of the document containing the codified legal norms; detailed and guiding legal norms are arranged immediately after the legal norms they detail and guide.

2. The agency implementing codification shall refer the conflicting, overlapping, and no longer suitable legal norms to the competent state authorities for handling.

3. The Government shall provide detailed regulations on this Article.

Article 10. Reviewing the results of codification by subject

1. The Minister of Justice decides to establish a Review Board to review the results of codification by subject.

The Review Board is chaired by the Minister of Justice. Members of the Review Board include representatives from the agency implementing codification, the Committee for Legal Affairs of the National Assembly, relevant agencies and organizations, and some legal experts.

2. The content of reviewing the results of codification by subject focuses on the following issues:

a) The accuracy and completeness of legal norms in the subject;

b) The appropriateness of the position of legal norms in the subject;

c) Compliance with the procedures and processes of codification by subject;

d) Other issues related to the content of the subject.

3. The conclusion of the Review Board must be sent to the agency implementing codification within thirty days from the date of receiving the file requesting review.

Article 11. Completing and Authenticating Codification Results According to Headings and Arranging Headings into Topics

1. Within fifteen days from the date of receiving the conclusion of the Appraisal Council, based on this conclusion, the codification agency shall revise and complete the codification results according to headings.

2. The head of the codification agency shall authenticate the codification results according to headings and send them to the Ministry of Justice.

3. The Ministry of Justice shall arrange the headings that have been codified into topics.

4. The Government shall provide detailed regulations on this matter.

Article 12. Approving Codification Results According to Topics and Incorporating Them into the Code

1. The Government shall decide to approve the codification results according to each topic of the Code at the proposal of the Minister of Justice.

2. The Ministry of Justice shall incorporate the approved codification results according to topics into the Code and publish them on the Electronic Codification Information Website.

Article 13. Updating New Legal Provisions and New Headings into the Code

1. The process of updating new legal provisions into the Code shall be carried out as follows:

a) In case there are newly issued, amended, supplemented, replaced, or abolished legal provisions belonging to existing headings within topics, the codification agency shall identify the corresponding legal provisions in the Code, carry out the codification of the new legal provisions, and submit the dossier to the Ministry of Justice;

b) The Ministry of Justice shall examine the dossier, update the new legal provisions into the Code, or remove expired legal provisions from the Code.

2. The process of updating new headings into the Code shall be carried out as follows:

a) In case there are newly issued legal provisions not belonging to existing headings in the Code, the agency specified in Article 4 of this Ordinance shall propose the name and position of the heading and send it to the Ministry of Justice. The Ministry of Justice shall review and submit to the Prime Minister for a decision to add the heading and assign the implementing agency;

b) The procedures for codifying new headings shall be implemented according to Articles 9, 10, and 11 of this Ordinance.

3. New legal provisions and headings must be updated into the Code at the time they come into effect.

4. The Government shall provide detailed regulations on this matter.

Article 14. Handling Errors and Maintaining the Code on the Electronic Codification Information Website

1. Any agency, organization, or individual discovering errors in the Code shall submit recommendations to the Ministry of Justice. The Ministry of Justice shall be responsible for coordinating with the codification agency to examine the recommendations and handle the errors.

2. The Code shall be continuously maintained on the Electronic Codification Information Website and can be used free of charge. The State retains the copyright to the Code.

Chapter III
RESPONSIBILITIES OF THE AGENCIES IN CODIFICATION WORK AND ENSURING FUNDS FOR CODIFICATION WORK

Article 15. Responsibilities of the Ministry of Justice

1. Submitting to the competent authority for issuance or issuing within its competence legal documents on codification.

2. Guiding the implementation of codification; training and enhancing the skills of staff involved in codification work.

3. Inspecting and urging the implementation of codification by codification agencies.

4. Handling issues related to the implementation of codification within its competence or submitting to the Government, the Prime Minister for handling.

5. Preparing a Project to establish the Code for approval by the Prime Minister.

6. Building the Electronic Codification Information Website; maintaining the Code regularly on the Electronic Codification Information Website; managing and issuing regulations on mobilizing social resources for publishing the Code in writing.

7. Reporting annually to the Government on codification work.

Article 16. Responsibilities of the agency implementing codification

1. Implement codification according to the assigned topic by the Prime Minister.

2. Ensure the accuracy and completeness of legal provisions codified within the assigned topic.

3. Promptly propose and implement the codification of new legal provisions and new topics.

4. Ensure conditions for the implementation of codification.

Article 17. Budget for codification work

1. The budget for codification work is provided from the state budget, including:

a) Funding for codification, review, updating of new legal provisions, updating of new topics, management, and maintenance of the Code of Laws allocated in the annual budget estimates of the implementing agencies;

b) Funding for building the Code of Laws provided according to the Project on Building the Code of Laws.

2. The Ministry of Finance shall take the lead in coordinating with the Ministry of Justice to specify the use of the budget for codification work.

Chapter IV
IMPLEMENTING PROVISIONS

Article 18. Effective Date

This Ordinance takes effect from July 1, 2013./.