Guidelines for assigning the implementation of the Program for the Development of Legislative Documents by the Ministry of Finance in Vietnam

Guidelines for assigning the implementation 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 construction and issuance of legislative documents and the organization of financial law enforcement.

Guidelines for assigning the implementation of the Program for the Development of Legislative Documents by the Ministry of Finance in Vietnam

According to the provisions of Article 11 of the Regulation issued together with Decision 2829/QD-BTC in 2024, the assignment of the implementation of the Program for the Development of Legislative Documents by the Ministry of Finance in Vietnam is carried out as follows:

- For the Program on constructing laws, ordinances, and resolutions, immediately after the National Assembly or the Standing Committee of the National Assembly passes a Resolution on the Program on Constructing Laws, Ordinances, and Resolutions, the unit in charge of constructing laws, ordinances, and resolutions shall cooperate with relevant units under the Ministry to proactively draft according to the provisions of the Law on Issuance of legislative documents 2015 (amended in 2020) and the Regulation issued together with Decision 2829/QD-BTC in 2024.

After the National Assembly passes the annual program on constructing laws, ordinances, and resolutions, the Legal Department is responsible for leading, in cooperation with relevant units of the Ministry, to propose timelines for submission to the Ministry, submission to the Government of Vietnam, submission to the Standing Committee of the National Assembly, and submission to the National Assembly; based on that, submitting to the Ministry for assignment of drafting units, coordination units, draft progress, and submission time (monthly).

- For the Program on constructing decrees of the Government of Vietnam, decisions of the Prime Minister of the Government of Vietnam, immediately after the Prime Minister of the Government of Vietnam issues the annual work program of the Government of Vietnam, the Department of Legal Affairs is responsible for reviewing, cooperating with units under the Ministry tasked with leading the drafting to submit for the issuance of an implementation plan, in which assigns drafting lead units, drafting coordination units, draft progress, and submission time (monthly).

- For the Program on drafting circulars, the Legal Department is responsible for leading and compiling proposals from units, submitting them to the Communist Party Steering Committee, the Ministry's leadership for signing the decision to issue a list of the Circular Construction Program of the Ministry of Finance before December 31 every year.

- For legislative documents detailing, guiding the implementation of laws, ordinances, resolutions, they must be reviewed, identified to organize synchronous drafting with the drafting of laws, ordinances, resolutions to ensure submission with draft laws, ordinances, resolutions as stipulated in point e clause 1 Article 64 of the Law on Issuance of legislative documents 2015. Specifically, as follows:

+ For law, ordinance, resolution projects led by the Ministry of Finance, the drafting lead unit is responsible for reviewing, identifying contents to detail, guide implementation, based on that, estimating the number of documents to be sent to the Legal Department for compilation and submission to the Ministry for sending to the Ministry of Justice and the Prime Minister of the Government of Vietnam for assignment of ministries and central authorities to lead drafting. Based on the Prime Minister's assignment, the Legal Department gathers opinions from relevant entities under the Ministry to report to the Ministry for assigning units under the Ministry to lead drafting for detailed regulations under the responsibility of the Ministry of Finance.

+ For law, ordinance, resolution projects led by other Ministries, branches, the unit responsible for leading the consultation process shall review, identify contents assigned for detailed regulations, implement guidance within the functions, duties of the Ministry of Finance; proactively exchange, reach agreement with the function entities of the leading Ministry or branch in drafting laws, ordinances, resolutions.

Based on that, send it to the Legal Department for compilation and submission to the Ministry for sending to the Ministry of Justice and the Prime Minister of the Government of Vietnam for assignment of ministries and central authorities to lead drafting. Based on the Prime Minister's assignment, the Legal Department reports to the Ministry for assigning units under the Ministry to lead drafting for detailed regulations under the responsibility of the Ministry of Finance.

- The unit assigned to lead the drafting of legislative documents is responsible for organizing the implementation of tasks ensuring drafting progress and quality; proactively cooperating with the functional units of the Ministry of Justice, the Government of Vietnam's Office, and the Committees of the National Assembly in appraisal, verification, and submitting for issuance of legislative documents; regularly seeking directives from the Ministry's leadership on differing opinions and new issues arising during the appraisal, verification process of legislative documents.

Refer to the Decision 2829/QD-BTC effective from November 27, 2024.

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