Circular No. 13/2014/TT-BTP guiding the implementation of codification of the system of legal regulations

 CIRCULAR

Guidelines for the implementation

codification of the system of legal norms

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Pursuant to the Ordinance on Codifying the System of Legal Norms dated April 16

Pursuant to Decree No. 63/2013/ND-CP dated June 27, 2013 of the Government detailing the implementation of the Ordinance on Codifying the System of Legal Norms;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 55/2011/NĐ-CP dated July 4, 2011 of the Government stipulating the functions, tasks, powers, and organizational structure of legal affairs bodies;

At the proposal of the Director of the Department for Legal Document Inspection;

The Minister of Justice issues this Circular guiding the implementation of the codification of the system of legal norms.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of the codification of the system of legal norms as prescribed in the Codification Law on the System of Legal Norms dated April 16, 2012 (hereinafter referred to as the Codification Law) and Decree No. 63/2013/NĐ-CP dated June 27, 2013 of the Government detailing the implementation of the Codification Law on the System of Legal Norms (hereinafter referred to as Decree No. 63/2013/NĐ-CP).

Article 2. Responsibilities of legal institutions under Ministries, ministerial-level agencies, and the Department of Legal Document Inspection under the Ministry of Justice in organizing the implementation of codification

Legal institutions under Ministries, ministerial-level agencies, and the Department of Legal Document Inspection under the Ministry of Justice (hereinafter referred to as legal institutions) shall be responsible for organizing the implementation of codification within their authority as follows:

1. Assist the Minister, Head of a ministerial-level agency in drafting the proposal to establish the topic;

2. Take the lead and coordinate with relevant units to draft and submit to the Minister, Head of a ministerial-level agency for approval the general plan to implement codification and assign units to carry out; monitor, urge, and inspect the implementation of the plan;

3. Organize inspections of the results of codification at Ministries, ministerial-level agencies;

4. Take the lead and coordinate with relevant units under Ministries, ministerial-level agencies to assist the Minister, Head of a ministerial-level agency in signing contracts and managing the team of cooperating personnel implementing codification.

Article 3. Authority to Implement Codification

Determining the authority of the agency responsible for implementing codification for legal norms in legal documents (hereinafter referred to as documents) shall be carried out according to Article 4 of the Codification Law. In cases where the main drafting agency of the document is not simultaneously the main drafting agency of the document amending or supplementing that document or there has been a transfer of functions and tasks from the main drafting agency to another agency, these agencies shall coordinate with the Ministry of Justice to unify the agency responsible for implementing codification according to the principles stipulated in Article 4 of the Codification Law.

Chapter II

CODIFICATION BY TOPIC

Article 4. Drafting Proposal to Establish Topics

Legal institutions take the lead and coordinate with relevant units to draft the proposal to establish topics according to Article 7 of Decree No. 63/2013/NĐ-CP, specifically as follows:

1. Identify the highest-value legal document regulating a specific group of social relations to determine the name of the topic and the theme for arranging the topic;

2. Prepare a list of documents proposed to be included in the arranged topic, sorted by descending legal validity and according to Model No. 01 attached to this Circular;

3. Submit the proposal to establish topics to the Minister, Head of a ministerial-level agency for submission to related agencies for comments;

4. Finalize the proposal to establish topics for submission to the Minister, Head of a ministerial-level agency for review and decision to send to the Ministry of Justice according to Clause 1 of Article 7 of Decree No. 63/2013/NĐ-CP.

Article 5. Drafting Plan and Assigning Units to Carry Out Codification

1. Based on the Prime Minister's Decision approving the List of topics in each theme and assigning agencies to carry out codification according to the topics, legal institutions shall draft and submit to the Minister, Head of a ministerial-level agency for approval the general plan to implement codification of the Ministry, ministerial-level agency and assign units to carry out.

2. The agency assigned the main responsibility for carrying out codification shall coordinate with relevant agencies to draft and issue plans to implement codification for each topic. The plan to implement codification specifies the agency responsible for codifying each document within the topic.

Article 6. Collection of documents and handling, recommending handling of conflicting, overlapping or outdated legal provisions

1. The entity implementing codification collects documents in accordance with the provisions of Article 8 of Decree No. 63/2013/NĐ-CP.

2. Based on the results of reviewing documents, the entity implementing codification identifies conflicting, overlapping or outdated contents for handling and recommending handling in accordance with the provisions of Article 10 of Decree No. 63/2013/NĐ-CP. In cases where the review results reflect that the legal status of the document is not updated or the document has not been reviewed, a review or recommendation for review of the document shall be conducted in accordance with the regulations.

Article 7. Implementing codification by subject

1. Identify non-codified contents in accordance with the provisions of Article 9 of Decree No. 63/2013/NĐ-CP.

2. Build the structure of the subject based on the layout of the document used as the name of the subject and incorporate all codified contents of that document into the subject.

In cases where the document used as the name of the subject is amended or supplemented, the structure of the subject is built based on the layout of the consolidated document.

In cases where there is a document abolishing, revoking parts, chapters, sections, articles, clauses of the document used as the name of the subject, note the abolished, revoked content, number, symbol and effective date of the abolishing, revoking document.

3. Incorporate the contents of detailed regulations and guiding implementation documents into the subject in accordance with Clause 2, 3, 4 and 5 of Article 11 of Decree No. 63/2013/NĐ-CP and the following provisions:

a) The numbering of detailed regulations and guiding implementation documents of the same form is carried out in accordance with Clause 5 of Article 4 of Decree No. 63/2013/NĐ-CP. In cases where each form of detailed regulation and guiding implementation document only has one document, the numbering of this document is number 1 (one).

b) In cases where the content of an article in the codified document is amended or supplemented, note the amended, supplemented content, number, symbol and effective date of the amending, supplementing document.

c) For documents not structured by articles, the entity implementing codification classifies the content of the document and the most relevant content in the subject to determine the number, name and content of the article in the subject.

4. During the process of implementing codification, if conflicting, overlapping or outdated contents are discovered, the entity implementing codification conducts a review or recommends the competent authority to review the document in accordance with the regulations to handle and recommend handling in accordance with Article 10 of Decree No. 63/2013/NĐ-CP.

5. In cases where the codification of the subject is implemented by multiple entities, the leading entity implementing the codification of the subject sends the codification results to the cooperating entity to implement the codification. The cooperating entity is responsible for implementing the codification in accordance with the regulations.

Article 8. Compilation and construction of the Codification Result File for review

1. Compilation of Codification Results

a) The leading entity implementing codification by subject is responsible for compiling the codification results; establishing a List of collected documents for codification according to Model No. 02 attached to this Circular.

b) The cooperating entity implementing codification is responsible for sending the codification results and the List of collected documents according to Model No. 02 attached to this Circular in writing and electronically to the leading entity implementing codification for compilation; the written codification result of the cooperating entity must be signed and stamped.

2. Construction of the Codification Result File for review

The leading entity implementing codification by subject is responsible for constructing the Codification Result File for review in accordance with Clause 1 of Article 14 of Decree No. 63/2013/NĐ-CP, submitting it to the Minister, Head of a Ministry-level agency for consideration, signing and stamping to send to the Ministry of Justice for organization of review. The cover of the Codification Result File for review according to Model No. 03 attached to this Circular; the first page of the codification result by subject clearly states "Codification Result for Review".

Article 9. Organization of the Review of Codification Results at the Ministry of Justice

1. The review of codification results according to the topic shall be carried out in accordance with the provisions of Article 10 of the Codification Ordinance.

2. The Department of Legal Document Inspection shall be responsible for assisting the Minister of Justice in organizing the review of codification results according to the topic.

Article 10. Completion of the Codification Result File

Based on the conclusions of the Review Board, the agency primarily responsible for implementing codification according to the topic shall be responsible for incorporating, revising, and completing the Codification Result File after exchanging and reaching consensus with the coordinating agencies.

Article 11. Codification of Newly Enacted Legal Provisions

When new legal provisions are enacted, the agency responsible for codification shall be responsible for carrying out codification in accordance with the provisions of Article 17 of Decree No. 63/2013/NĐ-CP and the following regulations:

1. Name and Serial Number of the Topic in the Code

a) In cases where the name of the document used as the name of the topic is amended or supplemented, the name of the topic is the name of the amended or supplemented document; the structure of the topic is built based on the layout of the consolidated document.

In cases where the name of the document used as the name of the topic is amended or supplemented and there is a change in the name, the name of the topic is the new name of the document; the structure of the topic is built based on the layout of the consolidated document;

b) Rebuilding the topic in accordance with Clause 4, Article 17 of Decree No. 63/2013/NĐ-CP.

In cases where a new document replaces a document whose name was used as the name of the topic, the rebuilt name of the topic is the name of the replacing document, and the serial number of the topic remains unchanged. In cases where a new document replaces multiple documents whose names were used as the names of multiple topics, the rebuilt name of the topic is the name of the replacing document, and the rebuilt serial number of the topic is the lowest serial number among those topics;

c) In cases where a topic is removed from the Code in accordance with Clause 6, Article 17 of Decree No. 63/2013/NĐ-CP, the name and serial number of the topic remain unchanged; other topics within the same theme in the Code will not have their serial numbers changed.

2. Notes in the Code

a) In cases where a document supplements new articles, sections, chapters, parts to a document that has already been codified, notes about the content of the supplement, the number, symbol, and effective date of the supplementary document should be recorded;

b) In cases where a document abolishes, revokes parts, chapters, sections, clauses, points of a document that has already been codified or revokes the entire detailed regulation or guiding document in accordance with Clause 3, Article 17 of Decree No. 63/2013/NĐ-CP, notes about the content, the abolished or revoked document, its number, symbol, and effective date of the abolishing or revoking document should be recorded;

c) In cases where a topic is removed from the Code in accordance with Clause 6, Article 17 of Decree No. 63/2013/NĐ-CP, notes about the reason for removal from the Code should be recorded;

d) In cases where a new document replaces all multiple documents whose names were used as the names of multiple topics in accordance with Point b, Clause 1 of this Article, for those replaced topics that are not rebuilt, the name and serial number of the topic remain unchanged, and notes about the reason for removal from the Code should be recorded.

3. In cases where a topic is rebuilt in accordance with Clause 4, Article 17 of Decree No. 63/2013/NĐ-CP, the remaining valid legal provisions of the detailed regulation or guiding document that was replaced and whose name was used as the name of the topic shall be recodified in accordance with Articles 11, 12, and 13 of Decree No. 63/2013/NĐ-CP.

4. The codification results shall be presented in Model No. 04 attached to this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Circular takes effect from June 15, 2014.

Article 13. Responsibility for Implementation

1. Legal institutions shall be responsible for assisting the Minister, Head of the equivalent ministry in organizing the implementation of this Circular.

2. During the implementation process, if there are difficulties, they should promptly reflect them to the Ministry of Justice for research and resolution./.

 

 

LIST

PROPOSED DOCUMENTS TO BE INCORPORATED INTO THE TOPIC...[1]

 

 

 

 

 

 

 

LIST

DOCUMENTS ALREADY COLLECTED FOR CODIFICATION FOR

TOPIC...[4]

 

I. DOCUMENTS BELONGING TO THE CONTENT OF THE TOPIC

 

 

II. DOCUMENTS WITH RELATED CONTENT

 

 

 

NAME OF AUTHORITY LEADING UNIT IMPLEMENTATION OF CODIFICATION ACCORDING TO THE TOPIC

 

 

 

 

 

 

 

 

 

FILE OF CODIFICATION RESULTS

TOPIC...[11]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hanoi, on … the … year …

 

 

 

 

CODIFICATION RESULTS OF NEW LEGAL PROVISIONS ENACTS

IN THE TOPIC...[12]