Hierarchy of Vietnamese legislation
The law of Vietnam consists of the following main legal instruments, which can be issued by various authorities:
In practice, the drafting of all of the above legal instruments is controlled by the relevant Ministry in charge of the relevant area. For example, the Ministry of Finance will control the drafting of all legislations regarding capital market such as the Law on Securities, the implementing Decrees and Circulars. In addition, usually the Law issued by the National Assembly can only be expected to be fully implemented in practice after the relevant Ministries issue the detailed implementing Circulars. Therefore, there is usually substantial delay between the time a Law of the National Assembly is issued and the time such Law is fully implemented in practice.
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Issuing authorities
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Instruments dated from 1 January 2009
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The National Assembly
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Constitution; Laws and Resolutions
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The Standing Committee of the National Assembly
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Ordinance; and Resolutions
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The President
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Order; and Decision
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The Government
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Decrees
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The Prime Minister
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Decisions
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The Supreme Court
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Resolutions
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The Chief Judge of the Supreme Court
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Circulars
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The Procurator-General
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Circulars
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Ministries or ministerial level entities
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Circulars
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The General State Auditor
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Decisions
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Local People’s Committees
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Decisions, and Directives
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Local People’s Council
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Resolutions
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In addition to the above legal instruments, more than one issuing authorities can together issue a “joint” legal instrument. Legal instruments issued before 1 January 2009 may be issued in a different form under the old Law on Legal Instruments. Nowadays, Vietnamese copies of legal instruments in Vietnam are regularly published on the Official Gazette of the Government and widely available on the internet (e.g. luatvietnam.com.vn; legal.khaitri.vn). English copies of certain important legal instruments are also available for a fee on certain websites (the most reliable one being www.vietnamlaws.com).
In general, legal instruments issued by higher authorities will have higher validity. Legal instruments issued by central authorities will be applicable nationwide while legal instruments issued by local authorities will be applicable within the specific localities only.
Usually, the “legal framework” covering a specific area of law includes:
· a Law issued by the National Assembly setting out the general principles of such area;
· one or more Decrees issued by the Government, which further clarify and implement the Law issued by the National Assembly; and
· one or more Circulars issued by the relevant Ministries in charge of the area in question, which provide more detailed implementation of the Decrees issued by the Government.
In practice, the drafting of all of the above legal instruments is controlled by the relevant Ministry in charge of the relevant area. For example, the Ministry of Finance will control the drafting of all legislations regarding capital market such as the Law on Securities, the implementing Decrees and Circulars. In addition, usually the Law issued by the National Assembly can only be expected to be fully implemented in practice after the relevant Ministries issue the detailed implementing Circulars. Therefore, there is usually substantial delay between the time a Law of the National Assembly is issued and the time such Law is fully implemented in practice.