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Please Sign in your LuatVietnam account and sign up for the lookup software .| Issuing bodies: | Government | Effective date: | |
| Official number: | 154/2020/ND-CP | Signer: | Nguyen Xuan Phuc |
| Legislation Type: | Decree | Expired date: | Updating |
| Issuing date: | 31/12/2020 | Effect: | |
| Fields: | Administration , Justice |
More unlawful documents to be handled
On December 31, 2020, the Government promulgates the Decree No. 154/2020/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures for implementing, the Law on Promulgation of Legal Documents.
Accordingly, unlawful documents, including documents promulgated ultra vires; documents with contents contrary to the Constitution or legal documents of higher legal effect; documents prescribing an effective date contrary to Clause 1, Article 151 of the Law; documents violating regulations on regulatory impact assessment, collection of opinions, appraisal and verification of drafts; circulars which are promulgated by ministers and heads of ministerial-level agencies in cases of emergency to solve practical problems according to the simplified order and procedures but fail to comply with Clause 3, Article 147 of the Law shall be handled according to the law regulations.
In addition, this Circular amends regulations on invoking documents. When invoking a document for the first time, it is required to fully indicate the type name, serial number, code, and the date of passage or signing for promulgation, of the document; and the name of the agency or person competent to promulgate, and the title of, the document. For subsequent invocations, it is required to fully indicate the type name and the title of the document, for laws and ordinances; and the type name, serial number and code, for other documents. According to previous regulations, the full indication of all elements of the document is always required.
The Circular takes effect on January 01, 2021.
For further details of the Decree 154/2020/ND-CP, Click here
