Adjustment of the Program for the Development of Legislative Documents by the Ministry of Finance in Vietnam

Adjustment of the Program for the Development of Legislative Documents by the Ministry of Finance in Vietnam​ (Image from Internet)

On November 27, 2024, the Minister of Finance of Vietnam issued Decision 2829/QD-BTC regarding the Regulation on the development, issuance of legislative documents, and implementation of financial laws.

Adjustment of the Program for the Development of Legislative Documents by the Ministry of Finance in Vietnam

According to Article 13 of the Regulation issued with Decision 2829/QD-BTC in 2024, the adjustment of the Program for the Development of Legislative Documents by the Ministry of Finance of Vietnam is carried out as follows:

- Proposals for adjusting the program are made in the following cases:

+ Inclusion in the program of those legislative documents that need to be drafted and issued in the following cases: New tasks assigned in newly issued legislative documents or directed by the Government of Vietnam, the Prime Minister of the Government of Vietnam; following recommendations from competent state agencies; due to urgent practical requirements necessitating amendment, supplementation, or new issuance of legislative documents; the requirement to amend, supplement, or issue new existing legislative documents to conform to newly issued legislative documents ensuring uniformity and consistency of the legal system or to enforce international treaties to which the Socialist Republic of Vietnam is a member;

+ Removing from the Program those draft legislative documents that are unnecessary or no longer required to be issued;

+ Postponing the presentation time of draft legislative documents that do not meet the schedule due to force majeure reasons (excluding documents that provide detailed regulations);

+ Presenting earlier than the stipulated time (only applicable to the programs for drafting laws, ordinances, resolutions) in case of guidance from the Government of Vietnam, the Prime Minister of the Government of Vietnam, or when drafting procedures have been completed according to regulations;

+ Combining the contents of legislative documents that detail the guidance on implementing laws, ordinances, resolutions with the same scope, and regulatory subjects; combining legislative documents in case one document amends several documents.

- When a requirement arises to adjust the program according to clause 1 of this Article, the assigned drafting unit shall send a proposal to the Legal Department to aggregate and present it to the Ministry for approval or to a competent authority for review and approval. In the following cases:

+ In case of adding a project on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government of Vietnam as prescribed in clause 3 Article 19 of the Law on Promulgation of legislative documents 2015, the proposing unit shall establish a proposal for drafting laws, ordinances, resolutions, decrees to submit to the Government of Vietnam for approval as a basis for program registration according to Section 1 Chapter II of the Regulation issued with Decision 2829/QD-BTC in 2024.

For decrees of the Government of Vietnam as prescribed in clause 2 Article 19 of the Law on Promulgation of legislative documents 2015, the addition to the program is carried out according to Article 8 of this Regulation to submit to the Prime Minister of the Government of Vietnam for approval.

For decisions of the Prime Minister of the Government of Vietnam, circulars of the Minister of Finance, supplemental applications to the Program are made according to point b clause 2 Article 8 and point b clause 4 Article 9 of the Regulation issued with Decision 2829/QD-BTC in 2024.

+ In case of withdrawing or adjusting the presentation deadline (including proposals for early presentation for laws, National Assembly resolutions, ordinances, and resolutions of the Standing Committee of the National Assembly), combining the content of a document in the program with another document, the leading unit must clearly state the reasons, assess the impact of the withdrawal or adjustment of the presentation deadline; provide directions, solutions, and implementation time.

Withdrawal or adjustment of the presentation deadline for projects and documents within the Working Program of the Government of Vietnam, the Prime Minister of the Government of Vietnam must also comply with the regulations of the Prime Minister of the Government of Vietnam on the construction, management, and implementation of the working program of the Government of Vietnam and the Prime Minister of the Government of Vietnam.

+ Upon receiving the proposal from the unit, the Legal Department is responsible for reviewing, providing feedback, communicating, agreeing with the unit on unclear contents; based on that, presenting the Ministry to sign and send a letter to the Ministry of Justice to report to competent authorities for adjusting the legislative program, ordinances, resolutions; a report to the Prime Minister of the Government of Vietnam requesting permission to adjust the working program of the Government of Vietnam, the Prime Minister of the Government of Vietnam or presenting the Ministry with adjustments to the circular construction program of the Ministry.

- For legislative documents in the working program of the Government of Vietnam, the Prime Minister of the Government of Vietnam that have complex contents with diverse opinions, the leading drafting unit is responsible for presiding in cooperation with the Legal Department to present to the Ministry for an opinion on the adjustment of the program and to sign off reports to the Prime Minister of the Government of Vietnam requesting permission to adjust the program (the program adjustment report is also copied to the Legal Department for monitoring and urging).

Refer to more details in Decision 2829/QD-BTC, effective from November 27, 2024.

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