Validity and Principles of Applying Legal Normative Documents in Vietnam

I. Effective date of legal normative documents

1. The date on which the whole or part of a legal normative document takes effect shall be specified in such document, but not earlier than 45 days from the date of its passage or signing for legal normative documents of central state agencies; and not earlier than 10 days from the date of its passage or signing for legal normative documents of local governments.

In case a legal normative document is formulated and promulgated according to simplified order and procedures, it may take effect as from the date of its passage or signing in special cases; at the same time, it must be immediately posted on the e-Gazette, the national legal database, the portal of the issuing agency, and reported on mass media.

2. A document providing details must be promulgated to take effect at the same time as the effective date of the document assigning the provision of details or the effective date of the contents assigned for detailing.

II. Spatial validity

1. Legal normative documents of central competent agencies and persons shall be effective nationwide, except where the scope of application is specifically determined or where an international treaty to which the Socialist Republic of Vietnam is a member provides otherwise.

2. Legal normative documents of People's Councils, People's Committees, and Chairpersons of People's Committees of an administrative unit shall be effective within that administrative unit and must be specifically provided for in the documents themselves. In case of a change in the boundaries of an administrative unit, the spatial validity and subjects of application of legal normative documents shall be determined as follows:

a) In case an administrative unit is divided into several new administrative units of the same level, legal normative documents of the People's Council, People's Committee, and Chairperson of the People's Committee of the divided administrative unit shall continue to be effective for the new administrative units until the People's Council, People's Committee, and Chairperson of the People's Committee of the new administrative units decide otherwise;

b) In case several administrative units are merged into a new administrative unit of the same level, legal normative documents of the People's Council, People's Committee, and Chairperson of the People's Committee of the merged administrative units shall continue to be effective within those units until the People's Council, People's Committee, and Chairperson of the People's Committee of the new administrative unit issue administrative documents to decide on the application or annulment of legal normative documents of the People's Council, People's Committee, and Chairperson of the People's Committee of the merged administrative units or promulgate new legal normative documents;

c) In case a part of the boundary of an administrative unit is adjusted to another administrative unit, legal normative documents of the People's Council, People's Committee, and Chairperson of the People's Committee of the expanded administrative unit shall be effective for the adjusted part of the boundary;

d) Legal normative documents currently in effect within the boundary of an administrative unit before the establishment, dissolution, division, merger of administrative units, or adjustment of administrative boundaries shall continue to be effective within that boundary, except for the cases prescribed in Points a, b, and c of this Clause or where they are amended, supplemented, replaced, or annulled by documents of competent agencies or persons.

III. Retroactive effect of legal normative documents

1. Only in truly necessary cases to ensure common social interests and realize the rights and interests of organizations and individuals prescribed in laws or resolutions of the National Assembly may legal normative documents of central agencies, People's Councils, and People's Committees of provinces provide for retroactive effect.

2. Legal normative documents may not provide for retroactive effect in the following cases:

a) Stating new legal liabilities for acts which, at the time of their commission, were not prescribed by law to be subject to legal liability;

b) Stating heavier legal liabilities.

3. Legal normative documents of Chairpersons of People's Committees of provinces, People's Councils of communes, and People's Committees of communes may not provide for retroactive effect.

IV. Expiration of legal normative documents

1. A legal normative document shall expire in whole or in part in the following cases:

a) The effective period specified in the legal normative document expires;

b) It is amended, supplemented, or replaced by a new legal normative document of the same agency or competent person that promulgated it;

c) It is annulled in accordance with Clause 2, Article 8 of this Law.

2. When a legal normative document expires in whole or in part because it is replaced, amended, or supplemented by another legal normative document, the documents providing details and documents specifying measures for the organization and guidance of its implementation shall also expire, unless they are announced to continue to be effective in whole or in part. The announcement document is an administrative document and must be posted on the e-Gazette and the national legal database.

V. Application of legal normative documents

1. Legal normative documents shall be applied as from the time they take effect.

2. Legal normative documents shall be applied to acts and events occurring at the time such documents are in effect. In case a legal normative document provides for retroactive effect, such provision shall apply.

3. In case legal normative documents contain different provisions on the same issue, the document with higher legal validity shall apply.

4. In case legal normative documents promulgated by the same agency contain different provisions on the same issue, the provision of the document promulgated later shall apply.

5. The application of domestic legal normative documents must not obstruct the implementation of international treaties to which the Socialist Republic of Vietnam is a member. In case a domestic legal normative document and an international treaty to which the Socialist Republic of Vietnam is a member contain different provisions on the same issue, the provision of the international treaty shall apply, except for the Constitution.

6. The application of laws other than those prescribed in Clauses 1, 2, 3, 4, and 5 of this Article shall be decided by the National Assembly.

VI. Conclusion:

Understanding these principles is essential for navigating the Vietnamese legal landscape. Staying updated with the National Legal Database ensures that individuals and organizations apply the most current and relevant regulations.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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