English - CEDAW Southeast Asia

CEDAW and the Law:
‘Legal documents’ in Viet Nam are the following: 90
Documents promulgated by the National Assembly and its Standing Committee:
The Constitution, laws and resolutions of the National Assembly;
Ordinances and resolutions of the Standing Committee;
Documents promulgated by other competent State agencies at the central level:
Orders and decisions of the State President;
Decisions and directives of the Prime Minister;
Resolutions and decrees of the Government;
Decisions, directives and circulars of Ministers, Heads of Ministerial-level agencies
and Heads of agencies attached to the Government;
Resolutions of the Justice Council of the Supreme People’s Court;
Decisions, directives and circulars of the Chief Judge of the Supreme People's Court
and Chairman of the Supreme People’s Procuracy;
Joint resolutions and circulars between State agencies or between State agencies and
socio-political organizations;
Documents promulgated by the People’s Councils and People’s Committees:
Resolutions of the People’s Councils;
Decisions and directives of the People’s Committees.
The Constitution is the State’s fundamental law. 91 All legal documents must conform to
it. All legal documents issued by lower-level State agencies must conform to those legal documents
of higher-level State agencies. Legal documents contrary to the Constitution and legal
documents of higher-level State agencies will be annulled or suspended.
However, unless a legal document is annulled or suspended, it remains effective. 92 In
which case, if legal documents have different provisions on the same issue, the document of
higher-level State agencies will apply. 93 If legal documents issued by the same agency on the
same issue have different provisions, the later legal document will apply. 94
46
The Standing Committee has the competence to interpret laws and ordinances. 95
Agencies and organizations in Article 87 of the Constitution and National Assembly deputies
have the right to request the Standing Committee to interpret laws and ordinances. 96
Depending on the nature and content of the issues requiring interpretation, the Standing
Committee can assign the Government, SPC, SPP, Council of Ethnic Minorities or a National
90
Law on Legal Documents, Article 1
91
Ibid., Article 2
92
Ibid., Article 77
93
Ibid., Article 80(2)
94
Ibid., Article 80(3)
96
Ibid., Article 53
Legal framework