Circular No. 05/2025/TT-BCT guides the implementation of certain contents in Decree No. 289/2025/NĐ-CP dated November 6, 2025, of the Government guiding the enforcement of Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on some special mechanisms and policies to create breakthroughs in the construction and organization of enforcement of laws within the jurisdiction of the Ministry of Industry and Trade.

CIRCULAR

Guidelines for Implementing Certain Provisions of Government Decree No. 289/2025/NĐ-CP

dated November 6, 2025 guiding the implementation of Resolution No. 197/2025/QH15

of the National Assembly dated May 17, 2025 on certain mechanisms and policies to create breakthroughs in legislative drafting and enforcement under the purview of the Ministry of Industry and Trade

Pursuant to Law on Legislative Issuance No. 64/2025/QH15, amended and supplemented by Law No. 87/2025/QH15;

Pursuant to Government Decree No. 40/2025/NĐ-CP dated February 26, 2025 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade, amended and supplemented by Government Decrees No. 109/2025/NĐ-CP and No. 193/2025/NĐ-CP;

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Pursuant to Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on certain mechanisms and policies to create breakthroughs in legislative drafting and enforcement;

Pursuant to Government Decree No. 289/2025/NĐ-CP dated November 6, 2025 guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on certain mechanisms and policies to create breakthroughs in legislative drafting and enforcement under the purview of the Ministry of Industry and Trade;

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade promulgates this Circular guiding the implementation of certain provisions of Government Decree No. 289/2025/NĐ-CP dated November 6, 2025 guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on certain mechanisms and policies to create breakthroughs in legislative drafting and enforcement under the purview of the Ministry of Industry and Trade.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of Government Decree No. 289/2025/NĐ-CP dated November 6, 2025 guiding the implementation of Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on certain mechanisms and policies to create breakthroughs in legislative drafting and enforcement (hereinafter referred to as Decree No. 289/2025/NĐ-CP) under the purview of the Ministry of Industry and Trade, including:

1. Regulations on the List of Tasks, Activities, and Budget Allocations for Each Task and Activity for Drafting Circulars and Joint Circulars.

2. Preparation, Approval, Allocation, and Assignment of State Budget Estimates for Legislative Drafting and Enforcement Work at the Ministry of Industry and Trade.

3. Delegation of Tasks and Activities within the Authority.

Article 2. Applicability

This Circular applies to Departments, Bureaus, the Office of the Ministry, the National Competition Commission, the Party Committee Office of the Ministry (collectively referred to as units under the Ministry); organizations and individuals related to legislative drafting, issuance, and enforcement of regulatory documents under the authority of the Minister of Industry and Trade or jointly issued with other ministries.

Article 3. Implementation Principles

1. Ensuring strict compliance with all principles of special regimes and policies as stipulated in Article 3 of Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on certain mechanisms and policies to create breakthroughs in legislative drafting and enforcement (hereinafter referred to as Resolution No. 197/2025/QH15) and Article 2 of Decree No. 289/2025/NĐ-CP.

2. Heads of units directly assigned to perform tasks shall be fully responsible before the Minister, the Leadership of the Ministry, and the law in applying special regimes and policies as prescribed in Decree No. 289/2025/NĐ-CP and this Circular.

Chapter II

LIST OF TASKS AND ACTIVITIES FOR LEGISLATIVE DRAFTING AND ENFORCEMENT

Article 4.

List of Tasks, Activities, and Budget Allocations for Each Task and Activity for Circulars and Joint Circulars

1. The List of Tasks, Activities, and Budget Allocations for Each Task and Activity for Circulars of the Minister of Industry and Trade and Joint Circulars primarily drafted by the Ministry of Industry and Trade is specified in the Appendix attached to this Circular.

2. In cases where Circulars amending and supplementing the Minister of Industry and Trade or Joint Circulars amending and supplementing primarily drafted by the Ministry of Industry and Trade are being developed, the following budget allocations will apply:a) For Circulars amending and supplementing two or more Circulars, or Joint Circulars amending and supplementing two or more Joint Circulars, the total cost will be equal to the total cost of drafting one Circular as specified in the Appendix attached to this Circular; equal to the budget allocation for each task and activity as specified in the Appendix attached to this Circular.

b) For Circulars amending and supplementing one Circular, or Joint Circulars amending and supplementing one Joint Circular, the total cost will be 60% of the total cost of drafting one Circular as specified in the Appendix attached to this Circular; 60% of the budget allocation for each task and activity as specified in the Appendix attached to this Circular.

3. For Circulars abolishing part or all of another Circular, or Joint Circulars abolishing part or all of another Joint Circular, the total cost will be 30% of the total cost of drafting one Circular as specified in the Appendix attached to this Circular; 30% of the budget allocation for each task and activity as specified in the Appendix attached to this Circular.

Article 5.

Preparation and Approval of State Budget Estimates for Legislative Drafting and Enforcement Work

1. Based on the work program and plan (regular, specialized, urgent, or detailed drafting plan) for legislative drafting and enforcement work of the unit already assigned in higher-level documents or decided and approved by the Leadership of the Ministry, the unit directly performing the task and activity is responsible for preparing the budget estimate for each task and activity.

2. Specific items and amounts of expenditure are determined based on consideration of one of the following criteria:a) The urgency level of the document to address practical issues;

b) The extent and scope of impact of the document on the national economy and society, or the industry;

c) Nature, type, importance, strategic significance;

d) Procedures and processes for drafting regulatory documents (special, streamlined, or standard);

e) A combination of two or all of the above criteria.

3. Authority to Approve and Adjust Budget Estimates for Each Task and Activity

a) For Bureaus and the National Competition Commission: The head of the unit directly performing the task and activity is responsible for approving and adjusting the budget estimate for each task and activity according to the provisions of Clause 1 and Clause 2 of this Article.

b) For Departments and the Office of the Ministry: The Director of the Office of the Ministry is responsible for approving and adjusting the budget estimate for each task and activity according to the provisions of Clause 1 and Clause 2 of this Article.

4. Any adjustment of expenditure items and amounts must ensure that they do not exceed the total approved budget; do not exceed the total cost for the task and activity as specified in the Appendix attached to Decree No. 289/2025/NĐ-CP and the Appendix of this Circular; do not exceed the highest limit of the budget allocation for each task and activity as specified in the Appendix attached to Decree No. 289/2025/NĐ-CP and the Appendix of this Circular.

5. On the basis of the document proposing the preparation and supplementary preparation of the state budget in accordance with the law on the state budget, units as provided for in Point a Clause 3 of this Article are responsible for submitting the budget to the Department of Planning, Finance, and Enterprise Management; units as provided for in Point b Clause 3 of this Article are responsible for submitting the budget to the Office of the Ministry for consolidation into the annual state budget of the Ministry.

The budget document includes: the work program and plan (regular, specialized, urgent, detailed drafting plan) for legislative drafting and enforcement work of the unit already assigned in higher-level documents or decided and approved by the Leadership of the Ministry; the budget estimate as provided for in Clause 1 of this Article.

4. The adjustment of expenditure content and amount must ensure that it does not exceed the total approved budget estimate; does not exceed the total expenditure amount for tasks and activities listed in the annex accompanying Decree No. 289/2025/NĐ-CP and the annex accompanying this Circular; does not exceed the highest level of the expenditure standard framework for each corresponding task and activity as stipulated in the annex accompanying Decree No. 289/2025/NĐ-CP and the annex of this Circular.

5. Based on the proposal document to establish, supplement the state budget estimate in accordance with the laws on the state budget, units as provided for in Point a Clause 3 of this Article shall be responsible for submitting the budget estimate to the Department of Planning, Finance and Enterprise Management; units as provided for in Point b Clause 3 of this Article shall be responsible for submitting the budget estimate to the Ministry's Office for consolidation into the annual state budget estimate of the Ministry.

The budget estimate dossier includes: the program, work plan (periodic, special topic, urgent, detailed draft plan) in legislative work and law enforcement activities of the unit assigned in the higher-level document or decided and approved by the Ministry's leadership; the budget estimate as prescribed in Clause 1 of this Article.

Article 6. Allocation and assignment of state budget funds to ensure work on law drafting and organization of law enforcement

Based on the state budget assigned by the competent authority, the Department of Planning, Finance and Enterprise Management shall report to the Ministry's leadership responsible for allocating and assigning the state budget to the Departments, National Competition Commission, and the Ministry Office; notify the allocation and assignment of the Ministry's state budget to units directly performing tasks and activities (Departments) and send it to the State Treasury where transactions take place for implementation.

Article 7. Remuneration and contracting for the performance of tasks and activities related to drafting normative legal documents, international treaties, strategic research activities, policy research, and organizing law enforcement to support law drafting

1. The head of the unit directly assigned by the Minister or the Ministry's leadership to perform the task of reviewing, drafting normative legal documents, international treaties, strategic research activities, policy research, and organizing law enforcement to support law drafting shall decide on the application of remuneration and contracting in the performance of tasks and activities stipulated in Articles 3 and 4 of Decree No. 289/2025/NĐ-CP, determine the level of remuneration and contracting, and the method of cooperation through ordering, assigning tasks, or other methods in accordance with the provisions of the law on bidding.

2. Civil servants, public officials, and long-term contract workers under the management of units directly under the Ministry who participate in performing tasks and activities related to drafting normative legal documents, international treaties, strategic research activities, policy research, and organizing law enforcement to support law drafting stipulated in Articles 3 and 4 of Decree No. 289/2025/NĐ-CP shall be entitled to remuneration as prescribed in Article 8 of Decree No. 289/2025/NĐ-CP.

3. The engagement of experts and consulting organizations to participate in performing tasks and activities shall be carried out in accordance with the provisions of Article 8 of Decree No. 289/2025/NĐ-CP and Articles 8 and 9 of this Circular.

Article 8. Engagement of experts and consulting organizations in law drafting work and some tasks and activities of organizing law enforcement to support law drafting

1. Units proposing policies, units primarily drafting, units primarily reviewing, units consulted on policies, and units performing other tasks and activities stipulated in Article 2 of Resolution No. 197/2025/QH15 have the right to hire experts to assist in improving the quality of policy drafting, consultation, drafting, and reviewing normative legal documents; perform some tasks and activities of organizing law enforcement to support law drafting.

2. The head of the unit directly assigned by the Minister or the Ministry's leadership to perform tasks and activities shall be responsible for organizing their implementation and shall bear responsibility for the following contents:

a) Establish criteria for determining domestic experts and consulting organizations in the field of management to submit to the Minister for issuance as a basis for selecting experts and consulting organizations;

b) Proactively decide on hiring experts and consulting organizations to participate in performing tasks and activities as prescribed in Article 8 of Decree No. 289/2025/NĐ-CP;

c) Evaluate and bear responsibility for the results of evaluating and accepting completed products of the task; completed products of each activity within the task.

3. The quota for hiring experts and consulting organizations shall be implemented in accordance with the provisions of Appendix VIII attached to Decree No. 289/2025/NĐ-CP.

Article 9. Engagement of experts and consulting organizations in international law drafting, resolving international disputes, and handling other legal issues arising during the process of international integration

1. The head of the unit directly performing tasks and activities stipulated in Clause 2 and Clause 3 of Article 2 of Resolution No. 197/2025/QH15 may hire experts and consulting organizations to provide advisory support, research policy support, or participate in resolving international disputes, handling other legal issues arising during the process of international integration, and perform tasks and powers prescribed in Clause 2 of Article 8 of this Circular.

2. In cases where foreign experts or foreign consulting organizations are hired to provide advisory services, research policy support, or participate in resolving international disputes, handling other legal issues arising during the process of international integration, such matters must be developed into plans and reported to the Ministry's leadership for approval or approved by the competent authority in accordance with relevant laws.

3. The engagement of experts and consulting organizations as prescribed in this Article must comply with the provisions of the law on protecting state secrets, managing foreign relations, Article 27 of Decree No. 289/2025/NĐ-CP, and other relevant laws.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Responsibilities of units under the Ministry

1. Units directly performing tasks and activities shall be responsible for:

a) Ensuring the progress and quality of products of each task and activity; bearing responsibility for the content and accuracy of files and documents during the performance of tasks and activities;

b) Using and managing funds in accordance with regulations, for the intended purpose, ensuring transparency and effectiveness;

c) Implementing payment and settlement according to the quota for expenditure as prescribed in Decree No. 289/2025/NĐ-CP and this Circular;

d) Providing complete documents to serve inspection, audit, and review work.

2. Units under the Ministry shall be responsible for reporting to the Ministry's leadership in charge about the implementation of tasks and activities related to law drafting and organizing law enforcement.

3. The Legal Affairs Department, the Ministry Office, and the Department of Planning, Finance and Enterprise Management shall organize the dissemination and guidance on implementing this Circular to units under the Ministry.

4. Heads of units under the Ministry shall be responsible to the Minister for organizing the implementation of assigned tasks under this Circular; promptly addressing or recommending measures to address difficulties and obstacles arising during implementation.

Article11. Effective Date

1. This Circular shall take effect from January 30, 2026.

2. Abolish Article 38 of Circular No. 47/2025/TT-BCT regarding the drafting, promulgation, and organization of law enforcement of normative legal documents of the Ministry of Industry and Trade.

3. In case the referenced documents, names, functions, tasks, and organizational structures of units mentioned in this Circular are replaced or amended, they shall be implemented according to the replacement or amendment documents.

4. During the implementation period, if there are any difficulties, please promptly reflect them to the Ministry of Industry and Trade for study and resolution./.