Guidelines for drafting Circulars by the Minister of Finance of Vietnam according to the latest simplified procedures

Guidelines for drafting Circulars by the Minister of Finance of Vietnam according to the latest simplified procedures​ (Image from the Internet)

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

Guidelines for drafting Circulars by the Minister of Finance of Vietnam according to the latest simplified procedures

In accordance with the provisions in Article 55 of the Regulation attached with Decision 2829/QD-BTC of 2024, the drafting of circulars by the Minister of Finance of Vietnam follows the simplified procedures as follows:

- The construction of circulars according to the simplified procedures is conducted as per the regulations set out in Clause 44 Article 1 of the amended Law on Promulgation of Legislative Documents in 2020.

- The authority to decide on the creation of circulars following the simplified procedures is governed by Articles 147, 148, and 149 of the Law on Promulgation of Legislative Documents in 2015 (amended Clauses 45, 46, 47 Article 1 of the amended Law on Promulgation of Legislative Documents in 2020). Specifically:

+ For the application of the simplified procedures in drafting and issuing circulars in urgent cases to address issues arising in practice as provided in Clause 1 Article 146 of the Law on Promulgation of Legislative Documents in 2015 (amended 2020), the drafting unit is responsible for presiding, cooperating with the Legal Department, presenting to the Ministry for consultation with the Ministry of Justice about applying the simplified procedures before reporting to the Prime Minister to consider and decide.

+ For applying the simplified procedures in drafting and issuing circulars as regulated in Clauses 2, 4 Article 146 of the Law on Promulgation of Legislative Documents in 2015 (amended 2020), the drafting unit is responsible for presiding, cooperating with the Legal Department, presenting to the Ministry for consideration and decision.

- The proposal for drafting and issuing circulars following the simplified procedures is regulated in Clauses 1, 2, and 3 Article 37 of Decree 34/2016/ND-CP (amended by Decree 154/2020/ND-CP, Decree 59/2024/ND-CP) and is conducted before or during the drafting process. The proposal document for drafting and issuing circulars following the simplified procedures must include the following main contents:

+ The necessity of issuing the document;

+ The title of the document;

+ The subject and scope of the document;

+ The main content of the document;

+ The basis for applying the simplified procedures, specifying the case for applying the simplified procedures as stipulated in Article 146 of the Law on Promulgation of Legislative Documents in 2015 (amended 2020); the reason for proposing the simplified procedures. In cases stipulated in Clause 1 Article 146 of the Law on Promulgation of Legislative Documents in 2015 (amended 2020), it is necessary to clearly state the issues arising in practice and the potential consequences if the circular is not promptly issued to resolve those issues;

+ The proposed drafting agency and the timeline for submission or issuance of the circular.

Refer to more details at Decision 2829/QD-BTC (effective from November 27, 2024) replacing Decision 72/QD-BTC of 2023 by the Minister of Finance on promulgating the Regulation on formulating and issuing legislative documents, improving the financial legal system.

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