Clause 1, Article 2 of the Legal Code Ordinance stipulates: “Legal code is the state agency's review, collection and arrangement of legal norms that are still in effect [...]
Clause 1, Article 2 of the Legal Code Ordinance stipulates: “Legal Code is the state agency's review, collection, and arrangement of legal norms that are still in effect in legal documents promulgated by central state agencies, except the Constitution, to build a Legal Code.”
Accordingly, legal documents promulgated by central state agencies are the following:
– Codes, laws, resolutions of the National Assembly; Ordinances and resolutions of the National Assembly Standing Committee; joint resolution between the National Assembly Standing Committee and the Presidium of the Central Committee of the Vietnam Fatherland Front; orders and decisions of the President; Government decree; Joint Resolution between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front; the Prime Minister's decision; Resolution of the Council of Judges of the Supreme People's Court; Circular of the Chief Justice of the Supreme People's Court; circular of the Chief of the Supreme People's Procuracy; circulars of Ministers and Heads of ministerial-level agencies; joint circular between the Chief Justice of the Supreme People's Court and the Chief Procurator of the Procuracy nsupreme people; Joint circular between Ministers, Heads of ministerial-level agencies and the Chief Justice of the Supreme People's Court and the Chief of the Supreme People's Procuracy; decision of the State Auditor General.
– Other legal documents promulgated before the effective date of the Law on Promulgation of Legal Documents 2015.
– The concept of the legal code and the way to implement the current legal code in the world is quite diverse. Each country has a different way of implementing legal documents depending on the status of the document system and the determination of each country.
– However, it can be divided into two main types of legal canon: content canon and formal canon.
+ Content codification:is a codification activity whereby a competent authority conducts the construction and promulgation of new legal documents on the basis of gathering and rearranging regulations in current legal documents, eliminating inappropriate regulations, amending and supplementing them to be consistent with practice. The codification of content is creative in law, with the result that statutes containing new regulations are promulgated. In essence, content legislation is a specific, specific form of legislative activity.
The development of laws such as the Penal Code, Civil Code, Labor Code... in our country recently can be seen as specific examples of legal canonical activities regarding content.
+ Formal canonization:is a legal canonization activity whereby the competent authority collects and arranges legal regulations in current legal documents according to a new structure (usually the Legal Code), which can make technical and expressional adjustments but does not change the content and effective order of the regulations. Formal codification does not create new legal regulations.
The legal code is a popular form currently used by countries to contain legal regulations after legal codification. Depending on the viewpoint and method of implementing the legal code, the structure, implementation techniques and legal value of the legal code in countries are different.
Thus, the current legal codification activity in Vietnam today is legal codification in terms of form, whereby the competent authority gathers and fully arranges all currently valid legal regulations into the Legal Code in a reasonable order; There is no question of amending, supplementing, or replacing the current system of legal documents.
The choice of legal canon in terms of form is consistent with the current state of the legal system as well as the current socio-economic development situation of Vietnam.
With a large volume of text that changes frequently, it would be difficult to implement a canon of content. Implementing a formal legal code can meet the urgent requirement of building a legal code that gathers in a reasonable order all legal regulations to serve the needs of searching in the application and implementation of the law. As for the amendments and supplements to current legal regulations, they are still carried out according to the normal order and procedures for promulgating legal documents. When new documents are promulgated, documents are amended, supplemented or canceled, updates will be made to the Legal Code.
The role and meaning of the legal canon of the QPPL system
– Helps individuals and organizations easily and conveniently search and look up law regulations
– Ensure openness and transparency of the legal system and contribute to enhancing people's trust in the legal system.
– Contributes to improving the unity and synchronization of the legal legal system as well as facilitating the process of building and perfecting the legal system:
+ The Legal Dictionary contributes to detecting legal regulations with contradictory, overlapping content or no longer consistent with reality so that they can be promptly amended, supplemented, or abolished or replaced accordingly.
+ The Legal Dictionary contributes to detecting legal gaps to promptly issue appropriate and complete supplementary documents.
+ Legal Code contributes to detecting documents that are no longer applied in practice to timely issue abolition documents according to regulations.
+ The Legal Code of Law system facilitates the process of building and improving the legal system.
Thus, the Legal Code is a collection of valid legal norms promulgated by central state agencies; The legal norms are arranged in a logical, scientific, unified structure; Helps individuals and organizations easily search and look up legal regulations. The French Dictionary is an official product of the State and can be exploited and used free of charge./.
Link to the French Canon
https://phapdien.moj.gov.vn/TraCuuPhapDien/MainBoPD.aspx
Procedures
