What is a decree – TroubleinthepeaceS


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What is the definition of decree?

Decree is a document issued by the government to guide the law or regulate arising things that have not been regulated by any law or ordinance. On the other hand, decrees are issued by the Government to define the rights and obligations of the people according to the Constitution and Laws promulgated by the National Assembly.

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English decree isDecreeEnglish resolution isResolutionThe English Constitution isConstitutionCircular English isCircular

What is the decree used for?

Decree is issued by the Government to stipulate:

Details of articles, clauses and points assigned in laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the State President. Specific measures to organize the implementation of the Constitution legislation, laws, resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, orders and decisions of the President; measures to implement socio-economic, defense, security, financial, monetary, budget, tax, ethnic, religious, cultural, educational, health, scientific, public policies technology, environment, foreign affairs, civil service regimes, cadres, civil servants, public employees, citizens’ rights and obligations and other issues under the management and administration of the Government; issues related to the tasks and powers of two or more ministries or ministerial-level agencies; tasks, powers, organizational apparatus of ministries, ministerial-level agencies, agencies attached to the Government and other agencies under the competence of the Government. Necessary matters fall within the competence of the National Assembly, the Standing Committee National Assembly but not yet qualified to make it into a law or ordinance to meet the requirements of state management, economic, economic and social management. Before promulgating this decree, the consent of the Standing Committee of the National Assembly must be obtained.

Government decrees have a lower legal value than the Constitution, laws and ordinances, but higher than those of other legal documents issued by state agencies from the ministerial level to the People’s Council and the People’s Committee. promulgated by the People’s Committees at all levels.

Difference between Decree – Law – Resolution – Circular

In the Vietnamese legal system, there are many different types of legal documents, including Laws, Decrees, Resolutions, Circulars, Joint Circulars, etc.

So what is the most valuable legal document and what is the difference between the 4 types of documents Law – Decree – Resolution – Circular. All will beCyber ​​Realexplained in detail to you in the section below.

Legal texts(promulgated by the National Assembly) including the Constitution, Code, Laws, Ordinances, Resolutions of the National Assembly.

Sub-law documents(issued by the government and ministries, ministerial-level agencies) consists of :

Decisions (of the Prime Minister on specific issues) Decrees (of the government guiding the implementation of legal documents and ordinances) Circulars (of ministries and branches) Official Dispatch

In thereThe Constitution is considered the most valuable legal document. The Constitution is a law that stipulates the most basic issues of the State such as the political regime, the economic system, the socio-cultural regime, the basic rights and obligations of citizens, the principles of organization and the operation of the system of organs in the state apparatus.

Distinguish Decree – Law – Resolution – Circular

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The law

Law is a highly valuable document after the Constitution and promulgated by the National Assembly. The National Assembly’s Code and Law stipulates basic issues in the fields of economy, society, national defense, security, finance, currency, budget, tax, ethnicity, religion, culture, and education. education, health care, science, technology, environment, foreign affairs, organization and operation of the state apparatus, public service regimes, cadres and civil servants, rights and obligations of citizens. In other words, a set of laws and regulations is used to regulate basic social relations in the fields of domestic and foreign affairs of the country.

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Codes and laws concretize the provisions of the Constitution according to specific branches of law or fields of law, for example, the Penal Code, the Civil Code, the Law on Marriage and Family, etc.

In legal science, a set of laws and a law are called statutes; The difference between the code and the law is usually not much. However, the code often covers broad and inclusive social groups; The law is the “backbone” of a legal profession.

In addition, the large codes of law contain principles that govern neighboring branches of law. For example, provisions of the Civil Code can be invoked while dealing with legal relations on marriage and family, commercial legal relations, etc.

Law promulgated by the National Assembly to provide for:

Organization and operation of the National Assembly, the State President, the Government, the People’s Court, the People’s Procuracy, the National Election Council, the State Audit, local government, administrative and business units. special economic institutions and other agencies established by the National Assembly; Human rights, fundamental rights and obligations of citizens which, according to the Constitution, must be prescribed by law, restricting human rights and citizens’ rights; crimes and penalties; Basic policies on finance, national currency, state budget; regulate, amend or abolish taxes; Basic policies on culture, education, health, science, technology, and environment; National defense and security; Ethnic policy and policy religion of the State; Rank, rank in the people’s armed forces; function, diplomatic level; function, other state level; Medals, medals and honorary titles of the State; Basic foreign policy; Referendum; Constitution protection mechanism; Other issues under the competence of the National Assembly.

Resolution

Resolution is a form of document deciding on basic issues after being discussed by a conference, passed by majority vote, expressing the opinion or intention of an agency or organization on an issue. certain.

The Constitution stipulates that resolutions are in the form of documents of the National Assembly, the National Assembly Standing Committee, the Government, the Council of Judges of the Supreme People’s Court, the People’s Councils and People’s Committees at all levels.

Resolution was promulgated by the National Assembly to provide for:

Proportion of distribution of revenues and expenditures between central and local budgets; Pilot implementation of a number of new policies under the decision-making authority of the National Assembly, but not yet regulated by law or different from regulations. of the current law; Suspending or extending the application period of all or part of a law or resolution of the National Assembly to meet urgent requirements on socio-economic development, assurance of human rights and public rights Regulations on the state of emergency and other special measures to ensure national defense and security; Amnesty; Other matters within the competence of the National Assembly. Standing Committee of the National Assembly also promulgates ordinances to regulate the issues assigned by the National Assembly. They often issue resolutions to: Explain the Constitution, laws and ordinances; Suspend or extend the time limit for application of all or part of ordinances and resolutions of the National Assembly Standing Committee to meet the requirements of the National Assembly. urgent needs for socio-economic development; To abolish ordinances and resolutions of the National Assembly Standing Committee; in case of annulment of an ordinance, the Standing Committee of the National Assembly shall report to the National Assembly at the nearest meeting; General mobilization or partial mobilization; promulgate or abolish a state of emergency in the whole country or in each locality; Guide the operation of the People’s Council; Other matters within the competence of the Standing Committee of the National Assembly.

Circulars

Circular is a document explaining and guiding the implementation of documents issued by the State, under the management of a certain branch.

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More simply, it can be said that the circular is used to guide the decree, signed and promulgated by the ministerial and ministerial level.

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