Ordinance No. 01/2012/UBTVQH13 regulates the consolidation of legal normative documents and the use of consolidated documents.

DECREE

CONSOLIDATION OF LEGAL NORMATIVE TEXTS

Based on the Constitution of the Socialist Republic of Vietnam of 1992, as amended and supplemented by Resolution No. 51/2001/QH10;

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

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

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

This Ordinance regulates the consolidation of legal normative documents (hereinafter referred to as documents) issued by central government agencies, the authority and responsibilities of agencies in consolidating documents, and the procedures and techniques for consolidating documents, with the aim of contributing to ensuring a simple, clear, and user-friendly legal system and improving the effectiveness of law enforcement.

Article 2. Explain words

In this Decree, the following terms are understood as follows:

1. Merge text This involves incorporating the amendments and additions from a document amending or supplementing certain articles of a previously issued document (hereinafter referred to as the amending or supplementing document) into the document being amended or supplemented, following the procedures and techniques stipulated in this Ordinance.

2. The text has been merged. These are the amended and supplementary documents and the amended and supplemented documents.

3. Consolidated document This is the text formed after merging the amending and supplementing text with the text being amended and supplemented.

4. Authenticate the consolidated document This involves an authorized person signing to confirm the accuracy of the content and technical aspects of the consolidated document.

Article 3. Principles of text consolidation

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

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

3. Adhere to the proper procedures and techniques for consolidating documents.

Article 4. Use of consolidated text

The consolidated text is the official text used in the application and enforcement of laws.

Chapter 2.

AUTHORITY AND ORGANIZATION FOR CONSOLIDATION OF DOCUMENTS

Article 5. Authority and time limit for consolidating documents of the National Assembly, the Standing Committee of the National Assembly, and joint documents between the Standing Committee of the National Assembly and central agencies of political and social organizations.

1. The Head of the National Assembly Office shall organize the consolidation and authentication of consolidated documents of the National Assembly, the Standing Committee of the National Assembly, and joint documents between the Standing Committee of the National Assembly and central agencies of political and social organizations.

2. No later than 05 working days from the date the amended and supplemented document is published, the Head of the National Assembly Office shall complete the consolidation of the document and sign to authenticate the consolidated document.

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

1. The head of the agency responsible for drafting the amended or supplemented document of the President, Government, or Prime Minister shall organize the consolidation and authenticate the consolidated document for documents of the President, Government, or Prime Minister, and joint documents between the Government and central agencies of political and social organizations.

2. Within two working days from the date of signing and promulgation, the amendments and supplements issued by the President, the Government, the Prime Minister, and the joint documents between the Government and central agencies of political and social organizations shall be sent to the agency in charge of drafting the amended and supplemented documents for consolidation.

3. No later than 05 working days from the date of receiving the document as prescribed in Clause 2 of this Article, the head of the agency in charge of drafting the amended or supplemented document shall complete the consolidation of the document and sign to authenticate the consolidated document.

Article 7. Authority and time limit for consolidating documents of other State agencies

1. The Chief Justice of the Supreme People's Court shall organize the consolidation and authenticate the consolidated document of documents issued by himself/herself, documents of the Council of Judges of the Supreme People's Court, and joint documents drafted under his/her leadership.

2. The Chief Prosecutor of the Supreme People's Procuracy shall organize the consolidation and authenticate the consolidated document for documents issued by himself/herself and joint documents drafted under the leadership of his/her agency.

3. Ministers and heads of ministerial-level agencies shall organize the consolidation and authenticate the consolidated documents for documents issued by them, and joint documents drafted under their leadership.

4. The State Auditor General shall organize the consolidation and authenticate the consolidated document for documents issued by himself/herself.

5. No later than 05 working days from the date of signing and issuing the document, the competent authority specified in Clauses 1, 2, 3 and 4 of this Article shall complete the consolidation of the document and sign to authenticate the consolidated document.

Article 8. Publication of the consolidated text in the Official Gazette and on the electronic information portal.

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

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

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

c) The consolidated text of the documents stipulated in Clauses 1, 2, 3, and 4 of Article 7 of this Ordinance shall be posted on the website of the agency carrying out the consolidation of the documents.

2. The consolidated text must be published simultaneously with the amended and supplementary text in the same issue of the Official Gazette.

The agency responsible for the consolidation is obligated to send the consolidated document to the Official Gazette for publication.

3. Consolidated texts published on the electronic Official Gazette and the websites of the agencies specified in Clause 1 of this Article may be accessed free of charge.

Article 9. Handling errors in consolidated documents

1. In the event that a technical error results in the content of the consolidated text differing from the content of the text being consolidated, the provisions of the text being consolidated shall apply.

2. Agencies, organizations, and individuals who discover errors in consolidated documents shall submit recommendations to the agency responsible for the consolidation for timely correction; if the agency responsible for the consolidation cannot be identified, the recommendation shall be submitted to the Ministry of Justice so that the Ministry of Justice can immediately notify the agency responsible for correcting the errors.

3. Within 05 working days from the date of receiving the request, the agency responsible for the consolidation shall coordinate with the Official Gazette agency to correct errors in the consolidated document and make corrections in the Official Gazette in accordance with the law on the Official Gazette.

The consolidated text that has been corrected for errors must be published on the electronic Official Gazette and the website of the agency specified in Clause 1, Article 8 of this Ordinance.

Article 10. Responsibilities of state agencies in consolidating documents

1. Responsibilities of the agency responsible for consolidating the documents:

a) To preside over and coordinate with relevant agencies in the consolidation of documents;

b) Ensuring the necessary conditions for carrying out the consolidation of texts;

c) Ensuring the accuracy of the content and technical aspects of the consolidated text;

d) Addressing errors in the consolidated text.

2. Responsibilities of the Ministry of Justice:

a) Providing guidance on text consolidation techniques; training in text consolidation skills;

b) Monitoring and expediting the consolidation of documents;

c) Recommend that the agency responsible for consolidating the documents address any errors in the consolidated document.

Chapter 3.

TEXT MERGING TECHNIQUES

Article 11. Format and technical presentation of consolidated texts

1. The format of a consolidated document includes the national emblem, motto, title of the consolidated document, preface, basis for issuance, parts, chapters, sections, articles, clauses, and points of the amended or supplemented document, and the consolidated contents according to the techniques prescribed in this Chapter, provisions on implementation, and authentication signatures.

2. The techniques for presenting consolidated texts shall be implemented in accordance with the provisions of this Ordinance and other relevant legal regulations.

Article 12. Title of the consolidated document

1. The title of the consolidated document is the title of the amended and supplemented document.

2. The title of the amended or supplemented document and the title of the amending or supplementing document shall be listed immediately after the title of the consolidated document. Along with the title of the amended or supplemented document and the amending or supplementing document, the number, symbol, date of approval or signing, name of the issuing agency, and effective date of each document must be clearly stated.

Article 13. Consolidation of the preamble and the basis for promulgation

1. If the amended or supplemented text has an amended, supplemented, or repealed preamble, the consolidation of the preamble shall be carried out in accordance with the provisions of Articles 14, 15, and 16 of this Ordinance.

2. In the consolidated text, a footnote must be included in the section on the legal basis for issuance, and at the bottom of the consolidated text, the name, number, and symbol of the amending or supplementing document, as well as the legal basis for issuance of the amending or supplementing document, must be clearly stated.

Article 14. Consolidation of amended content

1. If the amended or supplemented text contains sections, chapters, articles, clauses, points, paragraphs, or phrases that are modified, the numbering of those sections, chapters, articles, clauses, and points in the consolidated text remains the same as in the amended or supplemented text.

2. In the consolidated text, a footnote must be placed immediately at the section, chapter, article, clause, point, paragraph, or phrase that has been amended.

3. At the bottom of the consolidated document, the name, number, and symbol of the amending or supplementary document, and the effective date of the amended provision regarding the section, chapter, article, clause, point, paragraph, or phrase must be clearly noted.

Article 15. Consolidation of added content

1. If the amended or supplemented text contains additional parts, chapters, sections, articles, clauses, points, paragraphs, or phrases, the numbering of these parts, chapters, sections, articles, clauses, and points in the consolidated text shall remain the same as in the amended or supplemented text.

2. The arrangement of sections, chapters, articles, clauses, points, paragraphs, and phrases added to the consolidated text shall be carried out in the order prescribed in the amending and supplementing document.

3. In the consolidated text, a footnote must be placed immediately at the section, chapter, article, clause, point, paragraph, or phrase that has been added.

4. At the bottom of the consolidated document, the name, number, and symbol of the amending or supplementary document, and the effective date of the supplementary regulation (part, chapter, section, article, clause, point, paragraph, phrase) must be clearly noted.

Article 16. Content consolidation is repealed.

1. If the amended or supplemented text contains parts, chapters, sections, articles, clauses, points, paragraphs, or phrases that are repealed, the repealed content will not be reflected in the consolidated text. The numbering of parts, chapters, sections, articles, clauses, and points in the consolidated text will remain the same as in the amended or supplemented text.

2. In consolidated texts containing repealed parts, chapters, articles, clauses, or points, a footnote symbol must be included, clearly stating the phrase "repealed" immediately after the number of that part, chapter, article, clause, or point; if a paragraph or phrase is repealed, a footnote symbol must be included at the location of that paragraph or phrase.

3. At the bottom of the consolidated document, the name, number, and symbol of the amending or supplementary document, and the effective date of the regulation repealing the part, chapter, section, article, clause, point, paragraph, or phrase must be clearly noted.

Article 17. Provisions on implementation shall be expressed in the consolidated document.

1. In cases where the amended or supplementary document contains provisions regarding the effective date, implementation responsibilities, responsibilities of agencies and organizations in providing detailed regulations and guidance for implementation, and transitional provisions, the consolidated document must include a footnote immediately after the title of the chapter or article regulating implementation. At the bottom of the consolidated document, the name, number, and symbol of the amended or supplementary document, its effective date, and the implementation details of the amended or supplementary document must be clearly stated. If the amended or supplemented document does not have a chapter or article regulating implementation, these details shall be included in the implementation section at the end of the consolidated document, along with the name, number, and symbol of the amended or supplementary document.

2. If the agency issuing the consolidated document also issues a document regulating its implementation, the consolidated document must include a footnote immediately after the title of the chapter or article regulating its implementation, and at the bottom of the consolidated document, the name, number, symbol, date of adoption or signing of the document regulating its implementation must be clearly stated. If the amended or supplemented document does not have a chapter or article regulating its implementation, a footnote must be included in the section regulating its implementation within the consolidated document, and at the bottom of the consolidated document, the name, number, symbol, date of adoption or signing of the document regulating its implementation must be clearly stated.

Article 18. Template for consolidated documents

The presentation of the consolidated text's title, preface, basis for issuance, amended, supplemented, or repealed content, provisions on implementation, and authentication signatures shall follow the mẫu prescribed in the Appendix attached to this Ordinance.

Chapter 4.

TERMS ENFORCEMENT

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

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

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

Article 20. Enforcement

1. This Ordinance shall come into effect on July 1, 2012.

2. Chapter VIII of the Regulations on the technical presentation of draft legal documents of the National Assembly and the Standing Committee of the National Assembly, issued 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 Ordinance takes effect.

TM. STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRPERSON

Nguyen Sinh Hung