Decree No. 63/2013/NĐ-CP detailing the implementation of the Ordinance on Codification of Legal Normative Documents

DECREE

DETAILING AND GUIDING IMPLEMENTATION OF LEGISLATION

ON THE CODIFICATION SYSTEM OF LEGAL REGULATIONS

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Justice;

The Government promulgates this Decree to detail and guide implementation of the Ordinance on codification of the system of legal regulations.

PART I
STRUCTURE OF THE CODE

Article 1. Subject matter in the Code

The Code includes 45 subject matters as stipulated in Article 7 of the Ordinance on Codification of the System of Legal Regulations. In case there is a legal regulation (hereinafter referred to as "regulation") regulating a group of social relations not covered by existing subject matters in the Code, the Minister of Justice shall propose to the Government to decide on supplementing a new subject matter either independently or based on a proposal from the implementing agency for codification.

The supplementary subject matter will be arranged and numbered sequentially following the last existing subject matter in the Code.

Article 2. Section in the Code

1. A section is a component part of a subject matter containing legal provisions regulating a specific group of social relations.

2. The name of a section is the name of the highest-ranking regulation regulating a group of social relations within a subject matter.

3. According to the name of each section, sections within each subject matter are arranged alphabetically in Vietnamese and numbered with Arabic numerals starting from number 1.

In case of supplementing a section, the supplementary section will be arranged and numbered sequentially following the last existing section in the subject matter.

4. The structure of a section is built according to the layout of the regulation whose name is used as the name of the section.

Supplementing parts, chapters, and sections into the structure of a section is carried out in accordance with Clause 12 of this Decree.

Article 3. Part, Chapter, and Section in the Code

1. Part, chapter, and section are component parts of a section containing articles of the Code.

2. The name and serial number of a part, chapter, or section within a section are the name and serial number of the part, chapter, or section in the regulation whose name is used as the name of the section.

3. In case of supplementing a part, chapter, or section, the supplementary part, chapter, or section will be arranged and numbered sequentially following the part, chapter, or section with the most relevant content within the section. The name of the supplementary part, chapter, or section is a phrase reflecting the main content of that part, chapter, or section.

Article 4. Article in the Code

1. An article in the Code is a component part of a part, chapter, or section in the Code; the content of each article in the Code is the content of the corresponding article in the regulated regulation.

2. The name of an article in the Code is the name of the corresponding article in the regulated regulation.

3. The number of an article in the Code consists of:

a) The serial number of the subject matter;

b) The serial number of the section;

c) The symbol indicating the form of the regulated regulation;

d) The serial number of the regulation for detailed regulations and guiding implementation, if applicable;

đ) The number of the corresponding article in the regulated regulation.

4. The symbols indicating the form of the regulated regulation are as follows:

a) Law of the National Assembly is LQ;

b) Ordinance of the Standing Committee of the National Assembly is PL;

c) Decree of the President is LC;

d) Decision is QD;

đ) Decree of the Government is NĐ;

e) Resolution is NQ;

g) Joint Resolution is NL;

h) Directive is CT;

i) Circular is TT;

k) Joint Circular is TL.

5. The serial number of detailed regulations and guiding implementation of the same form is recorded with Arabic numerals, in chronological order of issuance, starting from number 1.

6. The number of an article in the Code consists of the components stipulated in Clause 2 of this Article and is arranged in the following sequence: Serial number of the subject matter; period; serial number of the section; period; symbol indicating the form of the regulated regulation; period; serial number of the regulation for detailed regulations and guiding implementation (if applicable); period; number of the corresponding article in the regulated regulation; period.

Article 5. Notes in the Legal Encyclopaedia

1. A note is the act of clearly recording the sequential number of the article in the legal text being encyclopaedized; the number, symbol, name, date of issuance, issuing authority, and effective date of the legal text.

2. In the first article of each legal text being encyclopaedized, all components prescribed in Clause 1 of this Article must be noted; for subsequent articles, only the sequential number of the article; the number, symbol, and effective date of the legal text shall be noted. In cases where the content of an article in the legal text being encyclopaedized has been amended or supplemented, the note shall include the content of the amendment or supplementation, the number, symbol of the amending or supplementing legal text, and its effective date.

3. The note shall be placed in parentheses on the line immediately following the line containing the name of the article in the Legal Encyclopaedia, in italic font, with a smaller font size than that of the article being noted.

Article 6. References in the Legal Encyclopaedia

1. A reference is the act of indicating headings, parts, chapters, sections, or articles within the Legal Encyclopaedia that have directly related contents.

2. Depending on the situation, references may be made between headings, parts, chapters, sections, or articles within the Legal Encyclopaedia.

3. References shall be placed in parentheses immediately after the content being referenced, in italic font, with a smaller font size than that of the referenced content.

4. Based on the results of identifying related legal provisions conducted by the agency implementing the encyclopaedization according to the provisions of Article 13 of this Decree, the Ministry of Justice shall implement references in the Legal Encyclopaedia.

Chapter II
CODIFICATION BY TOPIC

Article 7. Proposal for Heading Construction

1. Based on the provisions of Article 4 of the Ordinance, the competent agency implementing the encyclopaedization of legal norms in the highest legal value document regulating a certain group of social relations shall be responsible for proposing the construction of a heading and sending it to the Ministry of Justice. The proposal for heading construction includes:

a) The name of the heading;

b) A list of documents proposed to be included in the heading arranged in descending order of legal validity;

c) A recommendation on the placement of the heading within a topic in the Legal Encyclopaedia.

2. The Ministry of Justice shall be responsible for:

a) To compile proposals for heading construction and seek opinions from relevant agencies on the list of headings in each topic;

b) To submit to the Prime Minister for decision-making on the list of headings in each topic and to assign the agency responsible for encyclopaedization according to each heading.

Article 8. Collection of Documents

1. The agency implementing the encyclopaedization collects the following documents:

a) Documents within the scope of the heading including: Documents with names used as the name of the heading and documents detailing and guiding the implementation of those documents;

b) Documents related to the documents specified in Point a of this clause.

2. The documents specified in Clause 1 of this Article shall be collected in the following priority order: Original document; original copy of the document; document published in the Official Gazette; certified true copy; copy recorded by the authority or person with competence; consolidated document; reviewed and systematized document published by the competent authority.

3. The source of collection for each document specified in Clauses 1 and 2 of this Article must be clearly recorded in the List of Collected Documents.

Article 9. Non-Encyclopaedized Content

1. Legal provisions that have become invalid at the time the agency implementing the encyclopaedization conducts the encyclopaedization.

2. National title, basis for issuance, preface, section on powers and positions, names and signatures of authorized persons, seals of authorities or organizations, and places receiving the document.

Article 10. Handling and recommending handling of conflicting, overlapping, or outdated legal provisions

1. In cases where conflicting, overlapping, or outdated legal provisions are discovered in documents issued by the entity itself or in joint documents drafted under its chairmanship, the legal codification agency shall handle them according to the laws on issuing legal documents before arranging the legal provisions into sections.

2. In cases where conflicting, overlapping, or outdated legal provisions are discovered in documents not covered by Clause 1 of this Article, the legal codification agency shall still proceed with codification while recommending the competent authority to handle these conflicting, overlapping, or outdated legal provisions according to the laws on issuing legal documents.

Article 11. Codifying legal provisions for building sections

The legal codification agency shall codify legal provisions in documents based on their legal validity hierarchy from high to low, and in the following sequence:

1. For legal provisions in documents named as the title of the section:

a) Handle or recommend handling the document according to Article 10 of this Decree;

b) Remove non-codifiable contents according to Article 9 of this Decree;

c) Incorporate all remaining contents with the original structure of the document into the section.

2. For detailed implementation and guiding documents:

a) Handle or recommend handling the document according to Article 10 of this Decree;

b) Select and arrange detailed implementation and guiding provisions immediately following the provision they detail and guide;

c) Where multiple provisions of a single detailed implementation and guiding document detail and guide one provision of a higher-value legal document, arrange these provisions immediately following the provision they detail and guide, in the order of their numbering within the detailed implementation and guiding document;

d) Where a provision of a detailed implementation and guiding document details and guides multiple provisions of a higher-value legal document, arrange this provision immediately following the first provision it details and guides; for subsequent provisions, refer to the provision already arranged above;

đ) Where multiple provisions of multiple detailed implementation and guiding documents detail and guide one provision of a higher-value legal document, arrange these provisions immediately following the provision they detail and guide, in the hierarchy of legal validity from high to low or in chronological order of issuance for documents of the same form;

e) Where a provision in a detailed implementation and guiding document does not specifically guide any provision of the document it details and guides, arrange this provision immediately following the most relevant provision of the document it details and guides;

g) Provisions on organization of implementation and effectiveness of detailed implementation and guiding documents are arranged immediately following the provisions on organization of implementation and effectiveness of the document named as the title of the section, in the hierarchy of legal validity from high to low or in chronological order of issuance for documents of the same form.

3. Transitional legal provisions are arranged immediately following the provision containing the transitional legal provision applied. Where multiple provisions apply transitional legal provisions, arrange the transitional legal provision immediately following the first provision applied; for subsequent provisions, refer to the transitional legal provision already arranged above.

4. Appendices and forms accompanying the document are arranged at the end of the provision stipulating appendices and forms or stipulating their application. Where multiple provisions stipulate the application of the same appendix or form, arrange the appendix or form at the end of the first provision stipulating appendices and forms or stipulating their application; for subsequent provisions, refer to the appendix or form already arranged above.

5. Naming and numbering of provisions, annotations, identifying related legal provisions, and references are carried out according to Articles 4, 5, and 13 of this Decree.

6. The Ministry of Justice shall provide guidance on codifying documents that are not structured by provisions and other cases.

Article 12. Supplementing parts, chapters, sections

In cases where the provisions of detailed regulations and guiding documents cannot be arranged according to the provisions of Article 11 of this Decree, the agency responsible for codification shall supplement parts, chapters, or sections as necessary to arrange such legal norms.

The position of the supplemented part, chapter, or section shall be placed immediately after the part, chapter, or section with the most relevant content.

Article 13. Determining related legal norms

1. Where the parts, chapters, sections, or articles of codified documents have content related to those of other documents, the agency responsible for codification shall clearly indicate the serial number, name, number, symbol, name, date of issuance of the other document in italics within parentheses at the end of the part, chapter, section, or article of the codified document.

2. Where the parts, chapters, sections, or articles of codified documents have content related to those of existing topics in the Code, the agency responsible for codification shall clearly indicate the serial number and name of the part, chapter, section, or article of the topic in italics within parentheses at the end of the part, chapter, section, or article of the codified document.

Article 14. Request for review and verification of codification results by topic

1. After completing the codification by topic, the agency responsible for codification shall submit one set of paper documentation of the codification results along with an electronic copy to the Ministry of Justice for review. The documentation includes:

a) A letter requesting review;

b) Codification results by topic; for paper results, there must be a signature verifying the head of the agency and the seal of the agency responsible for codification.

c) Documents used for codification by subject matter, accompanied by a list of those documents.

2. In cases where a document is issued after the submission of the codification results but before the conclusion of the Review Board, the agency responsible for codification shall supplement the codification results and submit the supplementary documentation to the Ministry of Justice.

3. The agency responsible for codification shall explain and clarify any differing opinions or issues related to the implementation of codification as requested by the Ministry of Justice prior to the review of the codification results.

4. The agency responsible for codification shall incorporate and revise the codification results according to the conclusions of the Review Board.

5. The head of the agency responsible for codification shall sign and affix the agency's seal on the last page of the revised codification results by topic and submit them to the Ministry of Justice within the time limit specified in Clause 1 and Clause 2 of Article 11 of the Law on Codification of Legal Norms System.

Article 15. Checking the codification results by topic

1. Based on the conclusions of the Review Board for the topic, the Ministry of Justice shall be responsible for checking the incorporation and revision of the codification results by topic.

2. In cases where the revision of the codification results does not comply with the conclusions of the Review Board, the Ministry of Justice shall request the agency responsible for codification to continue revising.

Within five working days from the date of receipt of the request from the Ministry of Justice, the agency responsible for codification shall revise the topic, verify the signed content that has been revised, and resubmit to the Ministry of Justice.

Chapter III
UPDATING NEWLY ISSUED LEGAL NORMS,

ADDING NEW TOPICS TO THE CODE

Article 16. Determination of new legal provisions

New legal provisions issued in accordance with Clause 1 of Article 13 of the Ordinance on Codification of Legal Provisions are legal provisions issued after the date of conclusion of the Review Board regarding the codification results according to the subject matter.

Article 17. Codification of newly issued legal provisions

The codification of newly issued legal provisions shall be carried out as follows:

1. In cases where a new document amends or supplements the content within the scope of individual articles of a previously codified document, the agency responsible for codification shall determine the position and content of the article in the Codified Law that has been amended or supplemented; the position and content of the new article in the Codified Law, numbering, marking, and naming the article according to its determined position in the Codified Law, noting, and identifying related legal provisions as stipulated in Articles 4, 5, 11, 12, and 13 of this Decree.

2. In cases where a new document adds a new article to a previously codified document, the agency responsible for codification shall determine the position and content of the new article in the Codified Law, numbering, marking, and naming the article according to its determined position in the Codified Law, noting, and identifying related legal provisions as stipulated in Articles 4, 5, 11, 12, and 13 of this Decree.

3. In cases where a document abolishes or revokes parts, chapters, sections, articles, clauses, or points of a previously codified document or revokes the entire detailed regulations or guiding documents, the agency responsible for codification shall determine the position and content being abolished or revoked in the Codified Law and clearly state the reasons for abolition or revocation.

4. In cases where a new document replaces the entire document bearing the name used as the title of the subject matter, the agency responsible for codification shall determine the corresponding subject matter in the Codified Law, rebuild the subject matter according to the provisions of Articles 11, 12, and 13 of this Decree.

5. In cases where a new document replaces a previously codified detailed regulation or guiding document, the agency responsible for codification shall determine the position and contents in the Codified Law being replaced; the position and content of the new legal provisions in the Codified Law, numbering, naming the article according to its determined position in the Codified Law, noting, and identifying related legal provisions as stipulated in Articles 4, 5, 11, 12, and 13 of this Decree.

6. In cases where the document bearing the name used as the title of the subject matter is entirely abolished without a replacement document, the agency responsible for codification shall determine the corresponding subject matter in the Codified Law and propose the Ministry of Justice to remove the subject matter from the Codified Law.

7. The implementation of codifying newly issued legal provisions for other cases shall be carried out in accordance with the guidance of the Ministry of Justice.

Article 18. Proposal for updating the codification results of newly issued legal provisions

1. Not later than 20 days before the effective date of the newly issued legal provisions for the cases specified in Clauses 1, 2, 3, 5, and 6 of Article 17 of this Decree, the agency responsible for codification shall submit to the Ministry of Justice one set of documents requesting to update the codification results of newly issued legal provisions in writing along with the electronic version. The documents include:

a) A request for updating the codification results of newly issued legal provisions by the agency responsible for codification;

b) The codification results of newly issued legal provisions in writing signed and stamped by the head of the agency responsible for codification;

c) The document containing the newly issued legal provisions.

2. In cases of rebuilding the subject matter as stipulated in Clause 4 of Article 17 of this Decree, the agency responsible for codification shall submit the proposal for review, completion, and signing of the rebuilt subject matter to the Ministry of Justice in accordance with Article 14 of this Decree within the following timeframes:

a) Not later than 60 days before the effective date of the newly issued legal provisions in legal documents issued by the National Assembly and the Standing Committee of the National Assembly;

b) Not later than 35 days before the effective date of the newly issued legal provisions in legal documents not falling under Point a of this Clause.

Article 19. Inspection and updating of results of codification of newly issued legal regulations

1. The Ministry of Justice shall inspect the completeness and accuracy of the results of codification of newly issued legal regulations in cases provided for in Clause 1, Article 18 of this Decree. In case the results of codification of newly issued legal regulations are found to be incomplete or inaccurate, the Ministry of Justice shall request the agency responsible for codification to amend them.

The agency responsible for codification shall have the responsibility to amend the results of codification according to the request of the Ministry of Justice and submit the amended results to the Ministry of Justice within five working days from the date of receipt of the request.

2. For cases provided for in Clause 2, Article 18 of this Decree, the Ministry of Justice shall implement in accordance with the provisions of Article 15 of this Decree.

3. The Ministry of Justice shall update the results of codification of newly issued legal regulations into the Code at the time when the new legal regulations come into effect and remove expired legal regulations from the Code.

Article 20. Proposing and assigning tasks for building new headings

1. In cases where new legal regulations are issued in accordance with the provisions of Clause 2, Article 13 of the Ordinance on Codification of Legal Regulations System, the agency responsible for codification shall propose the construction of new headings and send it to the Ministry of Justice no later than five working days from the date the new document is approved or issued. The proposal for constructing new headings shall be carried out in accordance with the provisions of Clause 1, Article 7 of this Decree.

2. The Ministry of Justice shall be responsible for inspecting the proposal for constructing new headings; submitting it to the Prime Minister for decision and assignment of the agency responsible for codification to construct new headings.

Article 21. Implementation of codification, review, and updating of new headings

1. Based on the Prime Minister's decision on assignment, the assigned agency shall carry out the codification of new headings in accordance with the provisions of Articles 8, 9, 10, 11, 12, 13, and 14 of this Decree.

2. The submission of the dossier for review and signing to confirm the results of codification of new headings shall be carried out in accordance with the provisions of Clause 2, Article 18 of this Decree.

3. The inspection and updating of the results of codification according to new headings shall be carried out in accordance with the provisions of Article 15 and Clause 3, Article 19 of this Decree.

Chapter IV
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree takes effect from August 15, 2013.

Article 23. Responsibility for Implementation

1. The Minister, Head of a ministry equivalent to a ministry shall be responsible for implementing this Decree.

2. Agencies responsible for codification as stipulated in Article 4 of the Ordinance on Codification of Legal Regulations System shall carry out codification of headings under their responsibility in accordance with the provisions of this Decree. During the process of codifying legal regulations, the agencies responsible for codification may utilize collaborators who are experts and scientists knowledgeable about codification work. Remuneration and other benefits for collaborators shall be implemented in accordance with the provisions of the law./.