07 Circulars that are fully annulled of the Ministry of Finance in Vietnam

07 Circulars that are fully annulled of the Ministry of Finance in Vietnam (Internet image)

On January 10, 2024, the Minister of Finance issued Circular 02/2024/TT-BTC abolishing the Circulars of the Minister of Finance.

07 Circulars that are fully annulled of the Ministry of Finance in Vietnam

Specifically, 07 Circulars that are fully annulled of the Ministry of Finance in Vietnam include:

- Circular 88/2018/TT-BTC dated September 28, 2018 of the Minister of Finance stipulating a content on financial management for investment projects in the form of public-private partnerships and selected costs Investors;

- Circular 08/2016/TT-BTC dated January 18, 2016 of the Minister of Finance the management and payment of investment capital with funding from state budget.

- Circular 108/2016/TT-BTC dated June 30, 2016 of the Minister of Finance amending and supplementing an article of Circular 08/2016/TT-BTC dated January 18, 2016 of the Minister of Finance regulations on management and payment of investment capital with funding from state budget.

- Circular 52/2018/TT-BTC dated May 24, 2018 of the Minister of Finance amending an article of Circular 08/2016/TT-BTC dated January 18, 2016 of the Minister of Finance regulations on management and payment of investment capital using state budget sources; Circular 108/2016/TT-BTC dated June 30, 2016 of the Minister of Finance amending an article of Circular 08/2016/TT-BTC dated January 18, 2016 of the Minister of Finance ;

- Circular 107/2018/TT-BTC dated November 15, 2018 of the Minister of Finance regulating the management and final accounts of investments in construction projects financed by public investments of Vietnam’s overseas representative missions and other Vietnamese overseas agencies.

- Circular 12/2017/TT-BTC dated February 10, 2017 of the Minister of Finance giving guidance on the procedures for provision of funding for equipment of environmental protection projects.

- Circular 180/2014/TT-BTC dated November 27, 2014 of the Minister of Finance on the management, payment, and finalization of the advance capital of Vietnam Electricity Group to implement the Ninh Thuan nuclear power relocation and resettlement project;

Regulations on Amendment, replacement, annulment, and suspension of legislative documents in Vietnam

A legislative document may only be amended, replaced, or annulled by another legislative document promulgated by the same regulatory agency that promulgated the original one or suspended or annulled by a competent regulatory agency or competent person in writing. The amending, replacing, annulling or suspending document must specify every document, part, chapter, section, subsection, article, clause, and point that are amended, replaced, annulled or suspended.

The document that annuls another legislative document must be published on the Official Gazette and posted as prescribed.

When promulgating a legislative document, if the promulgating agency must amend or annul every document and every part, chapter, section, subsection, article, clause, and point of the document which contravene regulations of the new document right within the new document. If such task cannot be performed immediately, every part, chapter, section, subsection, article, clause and point which contravenes the new document must be specified in the new document and the task must be performed before the new document comes into force.

Every part, chapter, section, subsection, article, clause, and point of the document which contravenes regulations of the new document but need applying must be specified in the new document.

A legislative document may be promulgated to amend, replace or annul contents of multiple legislative documents promulgated by the same agency in the following cases:

- It is necessary to implement an international agreement to which the Socialist Republic of Vietnam is a signatory;

- The provisions to be amended, replaced or annulled are closely related to each other, and such amendment, replacement or annulment is necessary to ensure the consistency of legislative documents containing such provisions with the new one;

- It is necessary to implement the approved plan to simplify administrative procedures

(Article 12 of the Law on Promulgation of Legislative Documents 2015, amended in 2020)

More details can be found in Circular 02/2024/TT-BTC effective from February 25, 2024.

Ho Quoc Tuan

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