This Circular stipulates the delegation of tasks and authorities in budget management, public asset management, construction investment, and information technology application for units under the Ministry of Justice. It also specifies the responsibilities of relevant parties in implementing the delegation and provisions on administrative inspection of the implementation of delegated tasks and authorities.
적용 범위
Agencies, organizations, and individuals under the Ministry of Justice
핵심 사항
- Delegation of authority to units in budget management, public asset management, construction investment, and information technology application.
- Provisions on the responsibilities of relevant parties in implementing the delegation.
- Provisions on administrative inspection of the implementation of delegated tasks and authorities.
- Transitional provisions apply to projects and tasks approved before this Circular takes effect.
- The effective date of this Circular.
🌐 이 문서의 사회적 영향
- Enhance the effectiveness of financial and investment management within the Ministry of Justice.
- Reduce the burden on higher levels in carrying out specific tasks.
- Ensure compliance with legal regulations during the implementation of delegated tasks and authorities.
❓ 자주 묻는 질문
When does this Circular take effect?
This Circular takes effect from the date of issuance.
How will projects that have been approved for investment decisions before this Circular takes effect be handled?
Continue to implement according to the authority specified at the time of approval until the project ends. In cases where implementation requires new authority, units shall propose specific measures which the Planning and Finance Department will consolidate and report to the Minister for decision.
전문
|
MINISTRY OF JUSTICE ———— |
SOCIALIST REPUBLIC OF VIET NAM ———— |
| Number: 02/2026/TT-BTP | Hanoi, January 28, 2026 |
CIRCULAR
Prescribing the分级授权范围,由部长管理的领域包括预算、国有资产、建设投资和信息技术应用投资。
In accordance with the Government Organization Law No. 63/2025/QH15;
In accordance with the State Budget Law No. 89/2025/QH15;
In accordance with the Law on Management and Use of State Assets No. 15/2017/QH14;
In accordance with the Construction Law No. 50/2014/QH13 amended and supplemented by some articles of the Construction Law No. 62/2020/QH14;
In accordance with the Public Investment Law No. 58/2024/QH15; and the Bidding Law No. 22/2023/QH15 amended and supplemented by some articles of the Law No. 90/2025/QH15;
In accordance with the Law on Issuance of Legal Normative Documents No. 64/2025/QH15 amended and supplemented by the Law No. 87/2025/QH15;
In accordance with Decree No. 73/2019/NĐ-CP of the Government prescribing management of investment in application of information technology using state budget funds amended by Decree No. 82/2024/NĐ-CP;
In accordance with Decree No. 98/2025/NĐ-CP of the Government prescribing the preparation of budgets, management, use, and settlement of regular state budget expenditures for procurement, repair, renovation, and upgrading of assets and equipment; expenditures for leasing goods and services; repair, renovation, upgrading, expansion, and new construction of project components in projects that have been constructed and other necessary tasks;
In accordance with Decree No. 03/2025/NĐ-CP of the Government on reorganization and handling of state assets in the form of houses and land; Decree No. 77/2025/NĐ-CP of the Government prescribing authority, procedures for establishing full ownership rights over assets and handling of assets established with full ownership rights; and Decree No. 186/2025/NĐ-CP of the Government detailing some provisions of the Law on Management and Use of State Assets;
In accordance with Decree No. 155/2025/NĐ-CP of the Government prescribing standards and quotas for use of office premises and activity bases of public institutions;
In accordance with Decree No. 289/2025/NĐ-CP of the Government guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws;
In accordance with Decree No. 187/2025/NĐ-CP of the Government amending and supplementing some articles of Decree No. 78/2025/NĐ-CP of the Government detailing some provisions and measures to organize and guide the implementation of the Law on Issuance of Legal Normative Documents and Decree No. 79/2025/NĐ-CP of the Government on inspection, review, systematization, and handling of legal normative documents;
In accordance with Decree No. 09/2026/NĐ-CP of the Government prescribing functions, tasks, powers, and organizational structure of the Ministry of Justice;
In accordance with Decision No. 15/2025/QĐ-TTg of the Prime Minister prescribing standards and quotas for use of machinery and equipment;
In accordance with Circular No. 141/2025/TT-BTC of the Minister of Finance guiding the management regime, depreciation, and amortization of fixed assets at agencies, organizations, units, and fixed assets entrusted by the State to enterprises without being part of the State's capital in enterprises;
At the proposal of the Director of the Planning and Finance Department;
The Minister of Justice promulgates this Circular prescribing the分级授权范围,由部长管理的领域包括预算、国有资产、建设投资和信息技术应用投资。
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. Scope of Regulation
a) This Circular prescribes the分级授权范围,由部长管理的领域包括预算、国有资产、建设投资和信息技术应用投资。
b) Where the contents regarding the management authority in the fields of budget, state assets, construction investment, and investment in application of information technology are not prescribed in this Circular, they shall be implemented in accordance with current laws.
2. Applicability
This Circular applies to: budgetary units under the Ministry of Justice; budgetary units using the budget under the Ministry of Justice; public service establishments, project management boards, programs under the Ministry of Justice; and other organizations and individuals related to the分级授权范围,由部长管理的领域包括预算、国有资产、建设投资和信息技术应用投资。
Article 2. Principles of Grading Authorization
The grading of the management authority of the Minister in the fields of budget, state assets, construction investment, and investment in application of information technology must ensure compliance with the provisions on grading in the Government Organization Law and the following principles:
1. Ensuring unified and comprehensive management in the fields of budget, state assets, construction investment, and investment in application of information technology for units under the Ministry of Justice.
2. Ensuring consistency with legal regulations on standards, procedures, and formalities when deciding on contents related to budget management, state asset management, construction investment, and investment in application of information technology; consistent with the organizational model and nature of business operations of units under the Ministry of Justice.
3. Ensuring consistency with the professional capacity of units, meeting the goal of simplifying administrative procedures, reducing intermediate stages, minimizing organizational implementation costs, promoting the responsibility and autonomy of units and the responsibility of heads, enhancing initiative and flexibility in performing tasks.
Chapter II
SPECIFIC PROVISIONS
Article 3. Grading of Authority in Budget Management
1. The Director of the Civil Enforcement Management Department has the authority:
a) To approve and approve adjustments to scientific and technological tasks and innovation (including implementation budget estimates) of the Office of the Civil Enforcement Management Department and provincial and municipal civil enforcement agencies.
b) To approve and approve adjustments to tasks and implementation budget estimates for regular funding (non-autonomous financial transfer) to carry out specialized tasks of the Office of the Civil Enforcement Management Department and provincial and municipal civil enforcement agencies.
c) To approve and approve adjustments to tasks and implementation budget estimates for regular funding (non-autonomous financial transfer) to carry out procurement of goods and services with a value below VND 4.5 trillion of the Office of the Civil Enforcement Management Department and provincial and municipal civil enforcement agencies. For tasks and implementation budget estimates for investment in application of information technology, follow the provisions of Article 5 of this Circular.
2. Heads of budgetary units, budgetary units under the Ministry, public service establishments, and project management boards have the authority:
a) To approve scientific and technological tasks and innovation (including implementation budget estimates) according to their own organizational and operational regulations and those of subordinate budgetary units (if any).
b) To approve and approve adjustments to tasks funded from regular sources (non-autonomous financial transfer) to carry out specialized tasks of their own units and subordinate budgetary units (if any).
3. Heads of budgetary units, budgetary units under the Ministry, and public service establishments have the authority:
To approve and approve adjustments to tasks and implementation budget estimates for regular funding (non-autonomous financial transfer) to carry out procurement of goods and services with a value below VND 4.5 trillion of their own units and subordinate budgetary units. For tasks and implementation budget estimates for investment in application of information technology, follow the provisions of Article 5 of this Circular.
3. The heads of budgetary units, budget-using units under the Ministry, and public service establishments have the authority:
To approve and approve adjustments to tasks and budget estimates for implementing expenditure tasks from regular sources (non-autonomous financial transfer) to carry out procurement of goods and services with a value below VND 45 billion for their own units and directly subordinate budgetary units. For tasks and budget estimates for implementing information technology investment applications, they shall follow the provisions set forth in Article 5 of this Circular.
Article 4. Classification of authority in investment construction management
1. The Director of the Execution of Civil Judgments Management Department has the authority:
a) To decide on the investment policy, to adjust the investment policy, to decide to stop the investment policy for projects in group B and group C using legitimate revenue from the Department and provincial execution of civil judgments revenue reserved for investment.
b) To decide on investment, to adjust the investment decision; to approve the final settlement of investment capital for completed projects and other contents within the authority to issue investment decisions for projects in group B and group C under local execution of civil judgments agencies using public investment capital.
c) To approve, to adjust the approval of tasks and budget estimates for implementing repair, renovation, upgrading, expansion, and new construction works in projects already invested in local execution of civil judgments agencies and projects directly managed by the Department with total budget estimates for implementation under 20 billion VND per task using regular expenditure funds.
d) To approve, to adjust the approval of Economic and Technical Reports; to approve the final settlement of investment capital for completed projects and other contents within the authority to issue investment decisions for projects involving repair, renovation, upgrading, expansion, and new construction works in projects directly managed by the Department; managed by local execution of civil judgments agencies using regular expenditure funds.
đ) To approve, to adjust the approval of specialized area standards for local execution of civil judgments agencies' units (excluding specialized areas of the Execution of Civil Judgments Management Department).
2. Heads of budgetary units and units using state budget under the Ministry have the authority:
a) To decide on the investment policy, to adjust the investment policy, to decide to stop the investment policy; to decide on investment, to adjust the investment decision; to approve the final settlement of investment capital for completed projects and other contents within the authority to issue investment decisions for projects in group B and group C using legitimate revenue from their own units reserved for investment.
b) To approve, to adjust the approval of tasks and budget estimates for implementing repair, renovation, upgrading, expansion, and new construction works in projects already invested in their own units (excluding public service organizations) with total budget estimates for implementation not exceeding 20 billion VND per task using regular expenditure funds.
c) To approve Economic and Technical Reports, to adjust Economic and Technical Reports; to approve the final settlement of investment capital for completed projects and other contents within the authority to issue investment decisions for tasks approved at point b, Clause 2, this Article.
3. Heads of public service organizations have the authority:
a) To approve, to adjust the approval of tasks and budget estimates for implementing repair, renovation, upgrading, expansion, and new construction works in projects already invested in their own units with total budget estimates for implementation not exceeding 20 billion VND per task using regular expenditure funds.
b) To approve Economic and Technical Reports, to adjust Economic and Technical Reports; to approve the final settlement of investment capital for completed projects and other contents within the authority to issue investment decisions for tasks approved at point a, Clause 3, this Article.
c) To approve, to adjust the approval of specialized area standards for their own unit and subordinate units for public service organizations self-financing regular expenditures.
4. Project investors decide on the form of project management organization during the pre-investment phase of the project.
Article 5. Classification of authority in information technology application investment management
1. The Director of the Execution of Civil Judgments Management Department decides on investment, to adjust the investment decision; to approve the final settlement of investment capital for completed projects and other contents within the authority to issue investment decisions for information technology projects in group B and group C using public investment capital by local execution of civil judgments agencies as the investor.
2. Heads of budgetary units and units using state budget under the Ministry decide on the investment policy, to adjust the investment policy, to decide to stop the investment policy; to decide on investment; to adjust the investment decision; to approve the final settlement of investment capital for completed information technology projects in group B and group C using legitimate revenue from their own units reserved for investment.
3. Heads of budgetary units, units using state budget, and public service organizations under the Ministry have the authority:
a) To decide on approving the budget estimate for preparatory tasks; to decide on the form of project management organization during the pre-investment phase for information technology investment projects where their own units are the investors.
b) To decide on purchasing, repairing, renovating, upgrading assets and equipment; to approve the plan to lease information technology services of their own units using regular expenditure funds that have been approved by the Minister for tasks and budget estimates (excluding information technology tasks requiring project establishment).
Article 6. Classification of authority in managing and using state assets
1. The Director of the Execution of Civil Judgments Management Department has the authority over state assets under their management:
a) To decide on allocating the number of cars serving common work for subordinate agencies, organizations, and units but ensuring the total number of cars after allocation does not exceed the total number determined by the Ministry of Justice for the Execution of Civil Judgments Management Department.
b) To decide on the management method for cars serving common work.
c) To decide on liquidation, sale, destruction, or disposal of lost or destroyed state assets.
d) To establish, adjust plans for reorganization and disposal of houses and land.
đ) To decide on transferring state assets between units under their management (except houses and land).
e) To decide on establishing the ownership of all people's property and to approve the plan for disposing of property voluntarily transferred by the owner, who has identified the unit as the recipient, manager, and user of the asset.
g) To decide on economic and technical maintenance and repair standards or maintenance and repair cost quotas applicable to state assets.
h) To decide on adjusting the price of machinery and equipment serving job functions when the adjustment exceeds 15% but does not exceed 30% compared to the price set by the Prime Minister's Decision on standards and quotas for using machinery and equipment.
i) To decide on supplementing the quantity of machinery and equipment serving job functions equipped in offices or supplementing other types of machinery and equipment to serve digital government, digitization, science and technology, innovation, and assigned tasks.
k) To decide on equipping machinery and equipment for the common activities of agencies, organizations, and units and machinery and equipment attached to buildings, structures, and construction projects, including: elevators; fire prevention and extinguishing systems; lighting systems; communication systems; air conditioning; cameras; sound systems; sanitary equipment; conference room and meeting room furniture; generators; water pumps; televisions; LED screens; projectors; other machinery and equipment.
l) To decide on allocating operating costs for cars serving work; to decide on the quota for operating costs for machinery and equipment.
m) To approve plans for disposing of assets serving project activities and assets resulting from the implementation process (for projects without specific beneficiaries) (excluding the transfer of assets outside other units).
n) To decide on specialized asset standards, special asset standards, and intangible asset standards.
o) To decide on exploiting state assets.
2. The Director of the Planning and Finance Department has the authority:
a) To decide on transferring state assets between budgetary units under the Ministry.
b) To decide on liquidation, sale, destruction, or disposal of lost or destroyed assets for houses, land, and cars of budgetary units under the Ministry.
3. Heads of budgetary units, units using state budget under the Ministry, and public service organizations have the authority over assets under their management:
a) To decide on establishing the ownership of all people's property and to approve the plan for disposing of property voluntarily transferred by the owner, who has identified the unit as the recipient, manager, and user of the asset.
b) To decide on economic and technical maintenance and repair standards or maintenance and repair cost quotas applicable to state assets.
c) To decide on adjusting the price of machinery and equipment serving job functions when the adjustment exceeds 15% but does not exceed 30% compared to the price set by the Prime Minister's Decision on standards and quotas for using machinery and equipment.
d) To decide on supplementing the quantity of machinery and equipment serving job functions equipped in offices or supplementing other types of machinery and equipment to serve digital government, digitization, science and technology, innovation, and assigned tasks.
đ) To decide on equipping machinery and equipment for the common activities of agencies, organizations, and units and machinery and equipment attached to buildings, structures, and construction projects, including: elevators; fire prevention and extinguishing systems; lighting systems; communication systems; air conditioning; cameras; sound systems; sanitary equipment; conference room and meeting room furniture; generators; water pumps; televisions; LED screens; projectors; other machinery and equipment.
e) To decide on the quota for operating costs for cars for positions and individuals entitled to use cars for work; to decide on the quota for operating costs for machinery and equipment.
g) To decide on liquidation, sale, destruction, or disposal of lost or destroyed assets, handling recovered materials during maintenance and repair of state assets, and handling recovered materials during project implementation according to regulations for state assets managed and used, excluding the contents specified in point b, Clause 2, this Article.
h) To approve plans for disposing of assets serving project activities and assets resulting from the implementation process for projects without specific beneficiaries (excluding the transfer of assets outside units under management).
i) To approve proposals for using state assets of public service organizations under management for business purposes, leasing, joint ventures, and cooperation.
k) To decide on exploiting state assets.
Chapter III
RIGHTS, LIMITATIONS, DUTIES AND RESPONSIBILITIES FOR SUPERVISION
Article 7. Rights and duties of units and individuals in implementing decentralization
1. Department of Planning and Finance
a) Monitor and evaluate the implementation of the provisions of this Circular by agencies and organizations granted authority.
b) Assist the Minister of Justice in compiling and drafting a comprehensive inspection plan for the implementation of tasks delegated to agencies, organizations, and units as stipulated in this Circular; organize the implementation of inspections on the execution of delegated tasks as stipulated in this Circular.
c) Compile and propose to the Minister of Justice cases where the delegation of authority should be temporarily suspended according to this Circular.
2. Units and individuals granted authority
a) Bear responsibility under the law and to the Minister of Justice for the results of the implementation of delegated tasks and powers; compliance with procedures, formalities, and deadlines prescribed by law for delegated contents.
b) Report to the Minister of Justice on the compilation of budget estimates allocated, assigned, and adjusted by subordinate budget units within their management scope for inspection.
c) Provide ad hoc reports on the implementation of delegated tasks and powers at the request of the Minister of Justice.
d) Self-inspect compliance with laws on budget management and use, public asset management and use, construction investment, and information technology application investment at their own units for delegated tasks and powers as stipulated in this Circular and relevant laws.
đ) Monitor, supervise, and evaluate the implementation of the provisions of this Circular by subordinate budget-using units.
e) Timely propose and report to the Minister of Justice for consideration and adjustment, supplementation, or temporary suspension of the delegation regulations in accordance with the law, work requirements of the unit, and necessary conditions to implement delegated tasks and powers.
Article 8. Administrative Inspection of the Implementation of Delegated Tasks and Powers
1. Principles of inspection
a) Ensure that there is no overlap in content, subjects, and periods of inspection between units and with state administrative bodies responsible for planning inspections, audits, and reviews.
b) Ensure independence, honesty, objectivity, transparency, and adherence to prescribed procedures, content, and timeframes.
c) Inspections shall not hinder the normal operations of inspected units, individuals, and other agencies, organizations, and individuals.
d) Inspections must be recorded in minutes containing full information, promptly addressed or referred to competent authorities for handling; comply with legal regulations, procedures, and deadlines.
2. Methods of inspection
a) Self-inspection method.
b) Regular and ad hoc inspections according to plans approved by authorized authorities or when there are signs of violations of laws in budget management, public asset management and use, construction investment, and information technology application investment.
3. Units conducting inspections
The following agencies are responsible for assisting the Minister of Justice in inspecting the implementation of delegated tasks and powers by organizations and individuals as stipulated in this Circular:
a) For self-inspection methods: agencies and organizations granted tasks and powers conduct them themselves.
b) For regular and ad hoc inspections:
The Department of Planning and Finance inspects the implementation of delegated tasks and powers for budgetary units and budget-using units.
The Civil Enforcement Management Department inspects the implementation of tasks and powers for budget-using units under its jurisdiction.
4. Content of inspections
Conduct comprehensive inspections on the organization and implementation of and compliance with state and Ministry of Justice regulations on the execution of delegated tasks and powers in budget management, public asset management and use, construction investment, and information technology application investment by agencies, organizations, and individuals as stipulated in this Circular.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 9. Transitional Provisions
1. For projects that have been approved for investment decisions and final accounts completed in accordance with the law before this Circular takes effect, continue to implement according to the authority defined at the approval date until project completion. If further actions need to be taken according to the authority delegated in this Circular for unfinished tasks, units should propose specific measures for the Department of Planning and Finance to compile and report to the Minister for decision.
2. For projects (including information technology application projects funded from regular expenditures) that have been approved for investment policies but not yet for investment decisions before this Circular takes effect, subsequent steps (including adjustments) shall apply the authority provisions of this Circular.
3. For tasks and plans for purchasing assets, goods, services, consumables (including information technology assets, goods, and services) approved by authorized authorities in accordance with the law before this Circular takes effect, no adjustments are required for previously issued decisions due to changes in decision-making authority as stipulated in this Circular. Subsequent steps (including adjustments) shall apply the authority provisions of this Circular.
Article 10. Effective Date
1. This Circular takes effect from the date of signature.
2. During implementation, if difficulties arise, agencies and units are requested to reflect these issues to the Ministry of Justice (Department of Planning and Finance) for guidance within their authority or to report to the Minister for consideration and decision.
| CERTIFIED BY THE MINISTER DEPUTY MINISTER Mai Luong Khoi |
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