Shortly after the issuance of the Law on Promulgation of Legal Normative Documents early this year, on 25 June 2025, it enacted a law amending such law (the Amending Law) (collectively known as the Law on Law 2025). Below are the key changes:

1. Enhancing certainty

1.1. A crucial reform for legal certainty is the revised provision on effectiveness for guiding documents. Under the Amending Law, when a parent law is replaced or expires, any documents issued to detail it (such as decrees) will now automatically expire as well. They will only remain in effect if a state agency makes a formal, public announcement that they will continue.

1.2. This change reverses the previous, often confusing, default rule. Formerly, guiding documents remained valid unless they contradicted the new parent law or were explicitly annulled. This approach created legal uncertainty, forcing individuals and businesses to interpret which older regulations were still applicable.

1.3. The new provision eliminates this ambiguity. By making expiration the default, it places the responsibility on state agencies to clarify which specific regulations will be carried over, enhancing certainty.

2. Improving accessibility to draft legal documents

2.1. A significant step towards transparency is the requirement to publish draft legal documents on the National Legal Portal (Cổng Pháp luật quốc gia) in addition to the drafting agency's own portal, thereby increasing their accessibility to stakeholders. This applies to a wide range of documents, including draft laws, ordinances, presidential orders, and judicial circulars.

3. Transitional Rules for District-Level Legal Documents

3.1. To manage the shift in legal authority from the abolished district level (cấp huyện) to the commune level (cấp xã), the Amending Law establishes a clear transition period as follows:

3.1.1. Existing district-level legal documents will remain effective until 28 February 2027.

3.1.2. When issuing a new legal document on a related matter, the relevant commune authorities must explicitly state when the old district-level legal document will cease to apply. This entire process must be completed by the 28 February 2027 deadline.

4. Provincial and Commune-Level Legal Documents

New Authority for Provincial Chairpersons

4.1. The Amending Law officially recognizes the Decision of the Provincial People's Committee Chairperson as a type of legal normative document. It further specifies the content that can be regulated by these decisions, giving the Chairperson authority over two main areas:

4.1.1. Measures to direct the activities of the provincial People's Committee and to coordinate work among its specialized agencies and other subordinate organizations; and

4.1.2. Regulating the decentralization of powers to lower levels of government and implementing tasks and powers that have been devolved from higher authorities.

4.2. These decisions must be published in the provincial electronic gazette, ensuring public access.

Replacement of District Level with Commune Level

4.3. Reflecting reforms that reorganized administrative units, the Amending Law removes the district level from the system of legal normative documents. In its place, it formally establishes the authority of the Commune People's Council and Commune People's Committee to issue Resolutions and Decisions, respectively.

This post is written by Ta Phuong Thao and edited by Ha Thanh Phuc.

Vietnam Business Law