Vietnam: What is the the full Text of the Law on Promulgation of Legislative Documents 2025? What are the responsibilities and authority of the Ministry of Finance in drafting and promulgating legislative documents in Vietnam?

Vietnam: What is the the full Text of the Law on Promulgation of Legislative Documents 2025?

On February 19, 2025, the National Assembly voted to pass the Law on Promulgation of Legislative Documents No. 64/2025/QH15. The Law on Promulgation of Legislative Documents 2025 officially comes into effect from April 01, 2025.

>>> View full text Law on Promulgation of Legislative Documents 2025...DOWNLOAD

The system of legislative documents is stipulated in Article 4 of the Law on Promulgation of Legislative Documents 2025...Download, including:

(1) Constitution.

(2) Codes, laws (hereinafter collectively referred to as laws), resolutions of the National Assembly.

(3) Ordinances, resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government of Vietnam and the Presidium of the Central Committee of the Vietnam Fatherland Front.

(4) Orders, decisions of the President.

(5) Decrees, resolutions of the Government of Vietnam; joint resolutions between the Government of Vietnam and the Presidium of the Central Committee of the Vietnam Fatherland Front.

(6) Decisions of the Prime Minister of the Government of Vietnam.

(7) Resolutions of the Council of Justices of the Supreme People's Court.

(8) Circulars of the Chief Justice of the Supreme People's Court; circulars of the Head of the Supreme People's Procuracy; circulars of Ministers, Heads of Ministry-level agencies; circulars of the State Auditor General.

(9) Joint circulars between the Chief Justice of the Supreme People's Court, the Head of the Supreme People's Procuracy, the State Auditor General, Ministers, Heads of Ministry-level agencies.

(10) Resolutions of the People's Councils of provinces and centrally-run cities (hereinafter collectively referred to as provincial level).

(11) Decisions of Provincial-level People's Committees.

(12) legislative documents of local authorities in special administrative-economic units.

(13) Resolutions of People's Councils of districts, towns, district-level towns, cities under provinces, cities under centrally-run cities (hereinafter collectively referred to as district level).

(14) Decisions of District-level People's Committees.

Vietnam: What is the the full Text of the Law on Promulgation of Legislative Documents 2025? (Image from the Internet)

What are principles for drafting and promulgating legislative documents in Vietnam according to the Law on Promulgation of Legislative Documents 2025?

Pursuant to Article 5 of the Law on Promulgation of Legislative Documents 2025...Download, regulations on the principles for drafting and promulgating legislative documents are as follows:

- Ensure comprehensive and direct leadership of the Communist Party of Vietnam.

- Ensure constitutionality, legality, consistency of legislative documents within the legal system and non-contradiction with international treaties to which the Socialist Republic of Vietnam is a member; strictly adhere to authority, content, form, and procedure for drafting and promulgating legislative documents.

- Ensure national sovereignty, national defense, security, national interests, and the people's interests; control power, prevent, and combat corruption, negativity, and waste; prevent group interests and sectionalism.

- Respect, protect, and ensure human rights, citizenship rights, and gender equality; ensure democracy, fairness, humanity, openness, transparency, science, promptly, stability, feasibility, and effectiveness.

- Ensure the implementation of decentralization; address issues arising from practice; new and emerging trends; state management needs and encourage innovation, unblock all resources, and promote socio-economic development.

- legislative documents regulating pilot implementation must specify the pilot duration and must be summarized and evaluated to consider continued application or official legal adoption.

- Ensure compliance with legal regulations on the protection of state secrets concerning contents of legislative documents under state secrecy.

What are the responsibilities and authority of the Ministry of Finance in drafting and promulgating legislative documents in Vietnam?

According to Article 2 of Decree 14/2023/ND-CP, the Ministry of Finance plays a crucial role in drafting, submitting, and promulgating legislative documents (legislative documents) related to finance, budgeting, taxation, and other management fields within its authority. The specific duties and powers are as follows:

(1) Submit to the Government of Vietnam, Prime Minister of the Government of Vietnam projects, decrees, decisions, directives:

The Ministry of Finance has the duty to:

- Submit to the Government of Vietnam draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, and draft decrees of the Government of Vietnam according to the approved annual legislative program and plan, as well as projects and proposals assigned by the Government of Vietnam or the Prime Minister of the Government of Vietnam.

- Submit to the Government of Vietnam and the Prime Minister of the Government of Vietnam strategies, master plans, medium-term, long-term, and annual development plans regarding state management fields of the Ministry; draft decisions, directives, and other documents of the Prime Minister of the Government of Vietnam as prescribed by law.

Example: Propose amendments to the VAT Law (e.g., Law 48/2024/QH15), Decrees on budget management, or Decisions on import tax policies.

(2) Promulgate legislative documents within the management scope:

- The Ministry of Finance is authorized to issue circulars, decisions, directives, and other documents within the state's management scope of the Ministry.

- These documents include detailed regulations, guidance for implementing laws, decrees, such as Circulars on corporate income tax, personal income tax guidance, or state budget management procedures.

(3) Direct, guide, inspect and organize the implementation of legislative documents:

After the legislative documents is promulgated or approved, the Ministry of Finance is responsible for:

- Directing, guiding, inspecting, and organizing the implementation of legislative documents, policies, strategies, master plans, and plans under its management scope.

- Informing, disseminating, and educating the law regarding finance, taxation, budgeting, etc.

(4) Specific regulations in specialized areas:

- In each management field, the Ministry of Finance has the right to draft and present to competent authorities or itself promulgate legislative documents:

+ State budget management: Submit to the Government of Vietnam decrees on budget allocation criteria, issue circulars guiding 5-year financial planning, and annual budget estimates.

+ Tax, fee, and charge management: Submit to the Government of Vietnam and issue documents on tax policies, tax payment processes, tax exemption and reduction.

+ Public asset management: Submit to the Government of Vietnam and issue regulations on standards and norms for using public assets.

+ Accounting and auditing: Issue accounting and auditing standards and operating procedures. (Point 12b).

+ Securities, insurance, pricing: Submit to the Government of Vietnam and issue guiding documents on the stock market, insurance business, price appraisal.

(5) Participate in drafting inter-sectoral legislative documents:

The Ministry of Finance cooperates with other ministries and central authorities to draft and present legislative documents related to finance in areas such as public investment, public debt management, corporate finance, customs, etc.