Latest procedures for drafting Circulars by the Minister of Finance of Vietnam

Latest procedures for drafting Circulars by the Minister 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 legislative documents and organizing the implementation of financial laws.

Latest procedures for drafting Circulars by the Minister of Finance of Vietnam

According to the stipulations in Article 53 of the Regulations issued with Decision 2829/QD-BTC of 2024, the procedures for drafting Circulars by the Minister of Finance of Vietnam is carried out as follows:

- Based on the Program for drafting circulars of the Ministry of Finance, the head of the unit assigned to take charge of the drafting has the responsibility to organize the drafting process according to the schedule and ensure quality.

The drafting and promulgation of circulars on national technical standards in the field of national reserves are carried out according to the regulations on technical standards and the regulations issued with Decision 2829/QD-BTC of 2024.

- The unit assigned to take charge has the responsibility to organize the drafting of circulars according to the following procedure:

+ Assign unit leaders to direct the research and construction of circulars, ensure officials with appropriate professional qualifications are drafting.

During the drafting process, depending on the content of the draft circular, the unit assigned to take charge can invite representatives of the functional units of the Ministry of Justice, the Government Office, and relevant agencies, organizations to participate from the initial stage of drafting the circular;

+ Evaluate the policy impact in the draft circular (if any); assess administrative procedures if assigned by laws or resolutions of the National Assembly to regulate administrative procedures in the draft circular; report on gender equality integration (if any);

+ Organize the solicitation of opinions from relevant units within the Ministry; directly affected entities of the draft circular, and other relevant agencies, organizations, individuals;

+ Organize media dissemination of the basic contents of the draft circular through mass media and other appropriate forms on complex issues that social opinion is concerned about, has multiple opinions and directly affect the emergence, change, termination of rights, obligations of individuals, organizations, enterprises;

+ Summarize, absorb, explain suggestions and revise the draft circular; respond in writing to social criticism opinions from the Vietnam Fatherland Front (if any);

+ Send for appraisal opinions from the Department of Legal Affairs regarding the draft circular. The legal organization of the General Department is responsible for commenting on the draft Circular made by other units belonging to the General Department before submitting it to the leadership of the General Department for approval, signing, and sending the official document to the Department of Legal Affairs for appraisal as regulated in the Regulations issued with Decision 2829/QD-BTC of 2024;

+ Research, absorb, explain appraisal opinions from the Department of Legal Affairs to revise the draft circular;

+ Submit to the Ministry for approval and issuance of the circular;

+ Circulate and publish the circular as regulated.

Latest guidelines on evaluating policy impact in the draft Circular of the Minister of Finance of Vietnam

The evaluation of policy impact in the draft circular of the Minister of Finance of Vietnam is conducted according to the regulations in Article 54 of the Regulations issued with Decision 2829/QD-BTC of 2024 as follows: the drafting unit proceeds to build a policy impact assessment report (if any) according to the regulations in Clauses 28 and 29, Article 1 of the Law on Promulgation of legislative documents 2020.

See more Decision 2829/QD-BTC effective from November 27, 2024.

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