Contents of appraisal of the latest draft Circular of the Ministry of Finance of Vietnam

Contents of appraisal of the latest draft Circular of the Ministry of Finance of Vietnam​ (Image from the Internet)

On November 27, 2024, the Minister of Finance of VIetnam promulgated Decision 2829/QD-BTC regarding regulations on the formulation, issuance of legislative documents, and the organization of the implementation of financial laws.

Contents of appraisal of the latest draft Circular of the Ministry of Finance of Vietnam

According to the provisions in Article 62 of the Regulations issued together with Decision 2829/QD-BTC in 2024, the content of the appraisal of the draft circular by the Ministry of Finance of Vietnam includes:

- The necessity of issuing the circular.

- The legal basis for issuing the circular; the constitutional, lawful, and unified nature of the draft circular with the legal system; the suitability of the draft circular's content with the Party's guidelines, the State's policies, and the legal documents that serve as the legal basis for promulgation.

- The objects and scope of adjustment of the draft circular.

- Language, technique, and compliance with the drafting sequence and procedures.

- The necessity, reasonableness, legality, and compliance costs of administrative procedures in the draft circular if the draft circular specifies administrative procedures (appraisal of this content based on comments from the Ministry Office on administrative procedures and a synthesis, explanation of feedback from units); the integration of gender equality issues in the draft circular (if any).

- Conditions ensuring human resources and financial resources for implementing the circular.

- Plans for addressing remaining issues (if any).

Dossier for the appraisal of the latest Circular by the Ministry of Finance of Vietnam

The dossier for the appraisal of the circular by the Ministry of Finance of Vietnam is specified in detail in Article 61 of the Regulations issued together with Decision 2829/QD-BTC in 2024, including:

- Document requesting appraisal;

- Draft submission to the Ministry; draft circular;

- Summary, explanation, and reception of feedback, including an explanation of input from the Ministry Office on administrative procedures (accompanied by written feedback on the draft from relevant units inside and outside the Ministry); legal department’s feedback document on the draft circular chaired by General Departments;

- Administrative procedure evaluation in the draft circular if the draft circular prescribes administrative procedures; report on gender equality integration in the draft circular if the draft circular relates to gender equality issues;

- Impact assessment report of the policy in the circular as stipulated in Article 54 of the Regulations issued together with Decision 2829/QD-BTC in 2024, which includes content on gender equality integration (if any) and administrative procedure evaluation when authorized by law to prescribe administrative procedures;

- Detailed commentary on the content of the draft circular (if any);

- Compilation of arising issues already resolved during the implementation of the normative legal document (in the case of drafting to amend, supplement, or replace) and assess suitable content to include in the draft document (if any);

- Domestic and international reference materials (if any).

The number of dossiers sent to the Legal Affairs Department is one set.

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

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