Procedures for appraising the latest Circular of the Ministry of Finance of Vietnam

Procedures for appraising the latest Circular of the Ministry of Finance of Vietnam​ (Image from the Internet)

On November 27, 2024, the Minister of Finance of Vietnam issued Decision 2829/QD-BTC on the Regulation for drafting, promulgating legal normative documents, and organizing the implementation of financial law.

Procedures for appraising the latest Circular of the Ministry of Finance of Vietnam

According to the provisions of Article 63 of the Regulation promulgated with Decision 2829/QD-BTC in 2024, the procedures for appraising circulars of the Ministry of Finance of Vietnam is conducted as follows:

- The drafting unit sends the appraisal dossier to the Legal Department as stipulated in Article 61 of the Regulation promulgated with Decision 2829/QD-BTC in 2024.

- Upon receiving the complete dossier as prescribed, the Legal Department is responsible for organizing the appraisal and sending the appraisal report to the drafting unit. The appraisal in the form of an Advisory Council on appraisal is applied for draft circulars drafted by the Legal Department and draft circulars directly affecting the rights, obligations, benefits of the public and enterprises, involving multiple sectors according to the provision in Clause 1, Article 102 of the Law on Promulgation of Legal Normative Documents 2015 (amended 2020).

+ In the case of appraisal in the form of an Advisory Council on appraisal, the Legal Department submits to the Minister for approval, signing the Decision to establish the Advisory Council on appraisal or assigns the Director General of the Legal Department on behalf of the Minister to sign the Decision to establish the Advisory Council on appraisal, where the composition of the Legal Department should not exceed 1/3 of the total number of members.

The composition of the Advisory Council on appraisal includes: the Chairperson of the Council is a leader of the Legal Department; the Secretary of the Council is an official of the Legal Department; a representative from the Ministry's Office (for draft circulars with administrative procedures or when amending regulations on business conditions), related units under the Ministry, and several officials from the Legal Department; representatives from Ministries, branches, experts, scholars knowledgeable about the professional issues related to the content of the draft circular (if any);

+ The Advisory Council on appraisal ceases operation and dissolves itself after completing its task.

- The maximum appraisal timeframe is 10 days from the date of receiving the complete appraisal dossier.

The Legal Department is responsible for sending the meeting documents of the Advisory Council on appraisal to the Council members at least 03 working days before the meeting day. Members of the Advisory Council on appraisal are responsible for reviewing the draft circular dossier and expressing appraisal opinions according to the requirement contents in Clause 3, Article 102 of the Law on Promulgation of Legal Normative Documents 2015 (amended 2020).

For draft circulars drafted according to the simplified procedure or requiring urgent progress, needing to be promptly promulgated to meet state management requirements or protect the interests of organizations, individuals, the appraisal timeframe follows the direction of the Ministry's Leadership and does not exceed 02 working days from the date of receiving the complete appraisal dossier.

- The drafting unit is responsible for studying, receiving the appraisal opinions to amend the draft circular for submission to the Ministry for consideration and decision.

- In case the drafting unit has different opinions from the appraisal opinions, the drafting unit supplements the submission to the Ministry with contents explaining the appraisal opinions of the Legal Department.

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

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