Regulations on Consolidation of legal documents and how to use Consolidated documents

ORDER

CONFIGURATION OF LEGAL DOCUMENTS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which has been amended and supplemented with a number of articles under Resolution No. 51/2001/QH10;

Pursuant to Article 92 of the Law on Promulgation of Legal Documents No. 17/2008/QH12;

The National Assembly Standing Committee promulgates the Ordinance on Consolidation of Legal Documents.

Chapter 1.

GENERAL PROVISIONS #

Article 1. Scope

This Ordinance provides for the consolidation of legal documents (hereinafter referred to as documents) issued by central state agencies, the authority and responsibility of agencies in the consolidation of legal documents. documents, order and techniques of document consolidation in order to contribute to ensuring a simple, clear and easy-to-use legal system, and improve the efficiency of law enforcement.

Article 2. Explain words

In this Ordinance, the following terms are construed as follows:

1. Text merge means the inclusion of revised and supplemented contents in a document amending or supplementing a number of articles of a previously issued document (hereinafter referred to as the revised and supplemented document) into the revised document. , supplemented according to the process and techniques specified in this Ordinance.

2. Text is merged is the revised and supplemented text and the revised and supplemented text.

3. Consolidated document is the text formed after merging the revised or supplemented text with the revised and supplemented text.

4. Unified Document Signing means that the authorized person signs to confirm the accuracy of the content and consolidation technique of the consolidated document.

Article 3. Principles of document consolidation

1. Only merge documents issued by the same competent state agency.

2. The merging of documents must not change the content and validity of the merged documents.

3. Comply with the order and technique of merging documents.

Article 4. Use of consolidated documents

Incorporation documents are used officially in the application and enforcement of the law.

Chapter 2.

AUTHORITY AND ORGANIZATION OF DOCUMENTARY UNION #

Article 5. Competence and time limit for merging documents of the National Assembly, Standing Committee of the National Assembly, joint documents between Standing Committee of the National Assembly and central agencies of socio-political organizations

1. The President of the Office of the National Assembly shall organize the consolidation and signature of the documents of the National Assembly, the National Assembly Standing Committee and the joint documents between the Standing Committee of the National Assembly and the National Assembly. central authority of socio-political organizations.

2. Within 05 working days from the date on which the amended and supplemented documents are published, the Chairman of the Office of the National Assembly shall complete the consolidation of the documents and authenticate the consolidated documents.

Article 6. Competence and time limit for consolidating documents of the President, Government and Prime Minister, joint documents between the Government and central agencies of socio-political organizations

1. The head of the agency in charge of drafting the amended and supplemented documents of the State President, the Government and the Prime Minister shall organize the consolidation and authenticate the consolidation document for the documents. of the President, the Government and the Prime Minister, the joint document between the Government and the central agency of the socio-political organization.

2. Within 02 working days from the date of signing for promulgation, amendments and supplements of the President, the Government, the Prime Minister, the document amending and supplementing the joint document between the Government. Government agencies with the central authority of the socio-political organization shall be sent to the agency in charge of drafting the revised and supplemented documents for the consolidation of the document.

3. Within 05 working days from the date of receipt of the document as prescribed in Clause 2 of this Article, the head of the agency in charge of drafting the revised document shall complete the consolidation of the document. and authenticate the merge text.

Article 7. Competence and time limit for merging documents of other State agencies

1. The Chief Justice of the Supreme People's Court shall organize the consolidation and signature of the consolidated documents for documents promulgated by him/herself, documents of the Judicial Council of the Supreme People's Court, and documents. The joint venture shall be drafted by his/her agency.

2. The Procurator General of the Supreme People's Procuracy shall organize the consolidation and signature of the consolidated documents for documents promulgated by him or her and joint documents drafted by his/her agency.

3. Ministers, heads of ministerial-level agencies, organize the consolidation and authenticate the consolidation documents for documents they promulgate and joint documents drafted by their respective agencies.

4. The State Auditor General shall organize the consolidation and authenticate the consolidation documents for documents promulgated by them.

5. Within 05 working days from the date of signing and promulgating the document, the competent person specified in Clauses 1, 2, 3 and 4 of this Article completes the consolidation of the document and authenticates the document. unify.

Article 8. Posting the consolidated document on the Official Gazette and the website

1. The posting of consolidated documents on the official websites of state agencies is done as follows:

a) The consolidated document specified in Clause 1, Article 5 of this Ordinance shall be posted on the National Assembly's website;

b) Consolidation documents for documents of the Government, the Prime Minister, joint documents between the Government and central agencies of socio-political organizations are posted on the Government's website. . The agency performing the consolidation shall send the consolidation document to the Government Office within 02 working days from the date of signing for authentication, for posting on the Government's website;

c) The consolidated document, for the documents specified in Clauses 1, 2, 3 and 4, Article 7 of this Ordinance, shall be posted on the website of the agency implementing the consolidation.

2. The consolidated document must be published simultaneously with the amended and supplemented document on the same number of Official Gazettes.

The agency implementing the consolidation is responsible for sending the consolidation document to the Official Gazette for publication in the Official Gazette.

3. Consolidated documents published on the Official Gazette or the website of the agency specified in Clause 1 of this Article may be exploited free of charge.

Article 9. Handling of errors in consolidated documents

1. In the event that due to technical errors, the contents of the consolidated document are different from the contents of the consolidated document, the provisions of the consolidated document shall apply.

2. Agencies, organizations and individuals that detect errors in the consolidation document send a petition to the agency implementing the consolidation for timely handling; in case the agency performing the consolidation cannot be identified, a petition shall be sent to the Ministry of Justice for the Ministry of Justice to immediately notify the agency responsible for handling errors.

3. Within 05 working days from the date of receipt of the petition, the agency implementing the consolidation shall coordinate with the Official Gazette to handle errors in the consolidated document and make corrections in the Official Gazette. according to the provisions of the Law on Official Gazette.

Consolidation documents that have been mishandled must be posted on the Official Gazette, the website of the agency specified in Clause 1, Article 8 of this Ordinance.

Article 10. Responsibilities of state agencies in document consolidation

1. Responsibilities of the agency performing the consolidation of documents:

a) Take charge and cooperate with relevant agencies in consolidating documents;

b) Ensure necessary conditions for the consolidation of documents;

c) Ensure the accuracy of the content and consolidation techniques of the consolidated document;

d) Handling errors in the consolidated document.

2. Responsibilities of the Ministry of Justice:

a) Technical guidelines for document consolidation; fostering skills in document consolidation;

b) Monitor and urge the consolidation of documents;

c) Proposing the merging agency to handle errors in the consolidated document.

Chapter 3.

TEXT MIXING TECHNIQUES #

Article 11. Format and technique of presenting consolidated documents

1. The format of a consolidated document includes the national title, title, title of the consolidated document, preface, grounds for promulgation, sections, chapters, sections, articles, clauses and points of the revised document. supplements and contents are consolidated according to the techniques specified in this Chapter, the implementation regulations, and the authentic signing part.

2. The technique of presenting consolidated documents shall comply with the provisions of this Ordinance and other relevant laws.

Article 12. Name of the consolidated document

1. The name of the merged document is the name of the revised and supplemented text.

2. The name of the amended and supplemented document and the name of the amended and supplemented document are listed right after the name of the consolidated document. Enclosed with the name of the amended and supplemented document and the amended and supplemented document, the number, symbol, date, month and year of its adoption or signature, the name of the issuing agency and the effective date of the document must be clearly stated. each text.

Article 13. Consolidation of preamble and grounds for promulgation

1. An amended, supplemented document with a modified, supplemented or annulled preamble shall merge the preamble according to the provisions of Articles 14, 15 and 16 of this Ordinance.

2. In the consolidated document, there must be annotated symbols right at the base for promulgation and at the bottom of the page of the consolidated document, clearly stating the name, number, symbol of the amended and supplemented document and the basis. promulgation of amendments and supplements.

Article 14. Consolidation of revised contents

1. When a text is amended or supplemented with parts, chapters, sections, articles, clauses, points, paragraphs, and phrases to be modified, the ordinal number of the sections, chapters, sections, articles, clauses and points in the legal document must be numbered. remains the same as the revised and supplemented text.

2. In the consolidated document, there must be annotation symbols right at the modified part, chapter, section, article, clause, point, paragraph, phrase.

3. At the bottom of the page of the consolidated document, clearly note the name, number, symbol of the amended and supplemented document and the effective date of the regulation amending sections, chapters, sections, articles, clauses, points, paragraphs, phrases.

Article 15. Consolidation of added content

1. When a document is amended or supplemented with additional sections, chapters, sections, articles, clauses, points, paragraphs and phrases, the ordinal number of the sections, chapters, sections, articles, clauses and points in the legal document must be numbered. remains the same as the revised and supplemented text.

2. The arrangement of sections, chapters, sections, articles, clauses, points, paragraphs and phrases added in the consolidated document is done in the order specified in the amended and supplemented document.

3. In the consolidated document, there must be annotation symbols right at the added part, chapter, section, article, clause, point, paragraph, phrase.

4. At the bottom of the page of the consolidated document must clearly note the name, number, symbol of the amended and supplemented document and the effective date of the regulation supplementing sections, chapters, sections, articles, clauses, points, paragraphs, phrases.

Article 16. Consolidation of contents is annulled

1. An amended or supplemented document with sections, chapters, sections, articles, clauses, points, paragraphs and phrases being annulled shall not be shown in the consolidated document. The ordinal numbers of sections, chapters, sections, articles, clauses and points in the consolidated document are kept the same as in the revised and supplemented documents.

2. In a consolidated document where sections, chapters, sections, articles, clauses and points are annulled, there must be an annotation symbol and clearly state the phrase "repealed" right after the ordinal number of the section, chapter or section. , article, clause, point there; In case a paragraph or phrase is annulled, there must be an annotation symbol right at the position of that paragraph or phrase.

3. At the bottom of the page of the consolidated document, the name, number, symbol of the amended and supplemented document and the effective date of the regulation on annulment of sections, chapters, sections, articles, clauses, points must be clearly noted. paragraphs, phrases.

Article 17. Expression of regulations on implementation in the consolidated document

1. In case an amended or supplemented document contains provisions on enforcement effect, implementation responsibilities, and responsibilities of agencies and organizations in detailing, guiding the implementation, and regulations. In the transition, the consolidated document must have an annotation symbol right at the title of the chapter or article on implementation and at the bottom of the page of the consolidated document must clearly state the name, number and symbol of the revised document. , supplement, effective date and contents of implementation in the revised and supplemented document. In case the amended or supplemented document has no chapters or articles on implementation, these contents shall be shown in the section on implementation regulations at the end of the consolidated document, together with the name, number, symbol. of the revised and supplemented text.

2. In case the agency issuing the consolidated document has issued a document providing for the implementation of the consolidated document, the consolidated document must have an annotation symbol right at the title of the chapter or article regulating the implementation of the consolidated document. implementation and at the bottom of the page of the consolidated document must clearly note the name, number, symbol, date, month, and year of the adoption or signing of the document regulating the implementation. In case an amended or supplemented document does not contain a chapter or article on implementation, there must be an annotation symbol in the section on implementation provisions in the consolidated document and at the bottom of the page of the consolidated document, it must be recorded. clearly note the name, number, symbol, date, month and year of the adoption or signing of the document regulating the implementation.

Article 18. Form for presentation of consolidated documents

The presentation of the name of the consolidated document, the preamble, the basis for issuance, the content to be amended, supplemented, and annulled, the part of regulations on implementation and the authentic signature part in the consolidated document is performed. according to the form specified in the Appendix issued with this Ordinance.

Chapter 4.

TERMS ENFORCEMENT #

Article 19. Consolidation of documents issued before the effective date of this Ordinance

1. Within 02 years from the effective date of this Ordinance, documents issued before the effective date of this Ordinance must be consolidated and published on the Official Gazette and the website of the Government. agencies specified in Clause 1, 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 shall develop plans and secure funds for the consolidation of documents specified in Clause 1 of this Article. this.

Article 20. Enforcement

1. This Ordinance takes effect from July 01, 7.

2. Chapter VIII of the Technical Regulation presents the draft legal documents of the National Assembly, promulgated by the National Assembly Standing Committee together with Resolution No. 1139/2007/UBTVQH11 dated July 03, 7 of the National Assembly. Standing Committee of the National Assembly shall cease to be effective from the effective date of this Ordinance.

TM. NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRPERSON

Nguyen Sinh Hung