Circular No. 100/2006/TT-BTC guides the management and use of state budget funds to ensure the work of drafting normative legal documents.

                                                                                                                  

CIRCULAR

Guidelines for managing and using state budget funds to ensure work on

drafting normative legal documents

______________________

Pursuant to Article 40 of Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Enacting Normative Legal Documents and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Normative Legal Documents;

Pursuant to Directive No. 14/2006/CT-TTg dated April 10, 2006 of the Prime Minister on implementing Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
The Ministry of Finance hereby guides the management and use of state budget funds to ensure work on drafting normative legal documents as follows:

Chapter I. GENERAL PROVISIONS

1. These Circulars guide the management, use, and settlement of accounts of funds provided by the state budget to ensure work on drafting normative legal documents according to Decree No. 161/2005/NĐ-CP dated December 27, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Enacting Normative Legal Documents and the Law Amending and Supplementing Certain Provisions of the Law on Enacting Normative Legal Documents, including the following stages:

a) Drafting the program for enacting laws, ordinances, decrees, and resolutions.

b) Drafting; reviewing, examining; revising, systematizing normative legal documents; promulgating normative legal documents of the National Assembly, Standing Committee of the National Assembly, President, Government, and Prime Minister, and normative legal documents within the authority to enact of Ministers and Heads of agencies at the ministerial level, including the following types of documents:

- Law and ordinance draft projects according to the program for enacting laws and ordinances of the National Assembly.

- Draft resolution containing legal norms of the National Assembly, Standing Committee of the National Assembly.

- Draft resolution, decree of the Government according to the program for enacting normative legal documents of the Government; draft joint resolution between the Government and central organizations of political-social organizations.

- Draft decision, directive of the Prime Minister containing legal norms.

- Draft circular, draft joint circular, draft decision containing legal norms within the authority to enact of Ministers and Heads of agencies at the ministerial level.

(Hereinafter referred to collectively as work on drafting normative legal documents)

2. Work on drafting normative legal documents is a regular task according to the functions and tasks of agencies and units prescribed by competent authorities. Funds ensuring the drafting of normative legal documents from the state budget are allocated in the annual regular expenditure budget of agencies and units. Based on the budget approved by the competent authority; the program and plan for drafting normative legal documents in the year, heads of agencies and units have the responsibility to allocate funds to implement the program for drafting normative legal documents in accordance with the progress of tasks, within the scope of the budget already assigned.

3. In addition to the funds ensuring work on drafting normative legal documents already allocated in the regular operating budget of agencies as stipulated in Clause 2 of Item I above; based on the official annual program for enacting laws and ordinances passed by the National Assembly, the state budget allocates a portion of funds to support the drafting of law and ordinance projects and notify each project to the main drafting agency, the reviewing and examining agency.

4. In cases where a project for drafting normative legal documents needs to be issued urgently and is not included in the annual program for drafting normative legal documents of the National Assembly and Government; or a normative legal document included in the program but transferred to the next year or temporarily suspended, the main drafting agency must promptly notify the Ministry of Finance, the National Assembly Office, the Government Office, and the Ministry of Justice for consolidation, supplementation, and adjustment of funds accordingly.

5. In cases where agencies and units receive foreign organizations and individuals' financial assistance or sponsorship to draft normative legal documents, they must comply with the expenditure items and levels specified in this Circular; except in cases where there are other agreements between the assisting or sponsoring organizations and individuals and the receiving agencies or units, which shall be implemented according to the agreed terms.

6. Agencies assigned the main responsibility for drafting normative legal documents are responsible for using the allocated funds for their intended purposes, in accordance with the specified content, current financial expenditure regulations, and the provisions of this Circular.

Chapter II. SPECIFIC PROVISIONS

1. Content of expenditure:

a) Work on drafting the annual program for the development of Laws, Ordinances, Decrees, and Resolutions:

Expenses for organizing meetings, seminars, and reviewing sessions for the annual programs for developing Laws, Ordinances; Decrees, and Resolutions of the Government.

b) Work on drafting and developing legal normative documents:

- Expenses for investigating, surveying, and evaluating the current social relations; reviewing and systematizing legal normative documents to assess and summarize the implementation of laws; researching relevant information and materials related to the draft legal normative documents.

- Expenses for preparing research outlines.

- Translation expenses and purchasing materials to support the drafting work.

- Payment for remuneration to those participating in research and drafting.

- Expenses for organizing meetings and seminars during the drafting process; editing and finalizing the documents.

- Other necessary expenses directly serving the research and drafting activities (if any).

c) Expenses for introducing the content of draft legal normative documents to solicit public opinions.

d) Expenses for reviewing and examining legal documents:

- Expenses for reviewing and examining draft Laws and Ordinances.

- Expenses for reviewing and examining legal normative documents: Resolutions of the National Assembly, Standing Committee of the National Assembly; draft Resolutions and Decrees of the Government; draft Decisions and Directives of

đ) Expenses for publishing Laws, Ordinances, and other legal normative documents that have been issued and signed by competent authorities.

2. Provisions on expenditure limits:

The use of funds to ensure the work of developing legal normative documents must be carried out according to the current financial expenditure regulations (such as travel expenses, conference fees, overtime pay, printing costs, etc.). Due to the special nature of developing legal normative documents, this Circular stipulates certain supportive expenditures during the process of drafting and promulgating legal normative documents, specifically as follows:

a) Expenses for drafting research outlines (outlines that have been accepted):

- For Laws and Ordinances:

+ New draft Laws and Ordinances or draft Laws and Ordinances for amendment (replacement): Expenditure limit from: 1,000,000 VND - 2,000,000 VND/outline

+ Draft Laws and Ordinances for amending and supplementing some articles: Expenditure limit from: 700,000 VND - 1,500,000 VND/outline

- For draft Resolutions of the National Assembly, Standing Committee of the National Assembly, draft Resolutions and Decrees of the Government, draft Decisions and Directives of the Prime Minister: Expenditure limit from: 500,000 VND – 1,000,000 VND/outline.

- For legal normative documents within the authority to issue of Ministers, Heads of Ministries: Expenditure limit from: 300,000 VND – 700,000 VND/outline.

B) Expenses for drafting legal documents:

- For Laws and Ordinances:

+ New draft Laws and Ordinances or draft Laws and Ordinances for amendment (replacement): Expenditure limit from: 4,000,000 VND - 5,000,000 VND/document

+ Draft Laws and Ordinances for amending and supplementing some articles: Expenditure limit from: 2,000,000 VND - 3,000,000 VND/document

- For draft Resolutions of the National Assembly, Standing Committee of the National Assembly, draft Resolutions and Decrees of the Government, draft Decisions and Directives of the Prime Minister: Expenditure limit from: 1,500,000 VND – 2,500,000 VND/document.

- For legal normative documents within the authority to issue of Ministers, Heads of Ministries: Expenditure limit from: 1,000,000 VND – 2,000,000 VND/document.

c) Expenses for drafting reports on revision, summary; examination and review reports of draft legal normative documents:

- For Laws and Ordinances:

+ New draft Laws and Ordinances or draft Laws and Ordinances for amendment (replacement):

Expenditure limit from: 400,000 VND - 1,000,000 VND/review report.

Expenditure limit from: 150,000 VND - 250,000 VND/summary report, revision report.

+ Draft Laws and Ordinances for amending and supplementing some articles:

Expenditure limit from: 300,000 VND - 400,000 VND/review report.

Expenditure limit from: 120,000 VND - 230,000 VND/summary report, revision report.

- For draft Resolutions of the National Assembly, Standing Committee of the National Assembly, draft Resolutions and Decrees of the Government, draft Decisions and Directives of the Prime Minister:

Expenditure limit from: 300,000 VND – 400,000 VND/review report.

Expenditure limit from: 100,000 VND – 200,000 VND/summary report, revision report.

- For legal normative documents within the authority to issue of Ministers, Heads of Ministries:

Expenditure limit from: 150,000 VND – 200,000 VND/review report.

Expenditure limit from: 60,000 VND – 120,000 VND/summary report, revision report.

d) Expenses for individuals participating in seminars; serving: Work on drafting the annual program for developing Laws, Ordinances, Decrees, and Resolutions; drafting, revising; reviewing and examining Laws, Ordinances, Resolutions of the National Assembly, Resolutions and Decrees of the Government:

- Chairperson of the meeting: 150,000 VND/person/session

- Participants: 70,000 VND/person/session

đ) Expenses for individuals participating in press conferences announcing Laws, Ordinances, Resolutions of the National Assembly, Resolutions and Decrees of the Government:

- Chairperson of the meeting: 100,000 VND/person/session

- Participants: 50,000 VND/person/session

e) Expenses for renting reference material translations (if any)

Translating foreign language materials into Vietnamese:

Expenditure limit from: 50,000 VND/page - 70,000 VND/page (300 words).

g) For the phase of reviewing and systematizing legal normative documents directly serving the drafting of legal normative documents, based on the content of the tasks to be implemented, units assigned the task of reviewing and systematizing legal normative documents shall apply the expenditure limits prescribed in Circular No. 109/2004/TTLT-BTC-BTP dated November 17, 2004, jointly issued by the Ministry of Finance and the Ministry of Justice guiding the management and use of funds to ensure the work of inspecting legal normative documents, developing specific plans to be submitted to the competent authority for approval before implementation as the basis for settlement of accounts.

h) The levels of expenditure prescribed in this Circular are the maximum levels of expenditure. Based on the budget capacity and the complexity of each document, the Head of the agency or unit entrusted with the main responsibility for drafting the proposed program; developing; examining and reviewing normative legal documents shall determine the specific level of expenditure but it must not exceed the prescribed level of expenditure or the maximum level of expenditure prescribed in this Circular.

For the work of drafting and developing normative legal documents, based on the budget capacity and the complexity of each document, the Head of the agency or unit entrusted with the main responsibility for drafting and developing the document shall allocate the appropriate amount of funds, but the total amount allocated for implementing the expenditures and the levels of expenditure prescribed at points a, b, c, d, e, Clause 2, Section II of this Circular must not exceed the maximum control level prescribed below:

- For draft Decrees of the Government (final product):

The maximum amount of funding allocated shall not exceed VND 10 million per Decree for draft Decrees with simple content that only seek opinions from a few central ministries and agencies, and not more than VND 15 million per Decree for draft Decrees with complex content that require seeking opinions from many central ministries and agencies, mass organizations, and localities.

In special cases where draft Decrees guiding Laws, Ordinances must organize multiple meetings to widely seek opinions, the amount of funding allocated shall be decided by the Head of the agency or unit entrusted with the main responsibility for drafting and developing the document within the allocated budget.

- For draft Resolutions of the National Assembly, Standing Committee of the National Assembly, draft Resolutions of the Government (final product):

The maximum amount of funding allocated shall not exceed VND 8 million per Resolution for draft Resolutions with simple content that require fewer meetings to seek opinions, and not more than VND 12 million per Resolution for draft Resolutions with complex content that require organizing multiple meetings to seek opinions.

- For draft other normative legal documents of the Prime Minister (final product):

The maximum amount of funding allocated shall not exceed VND 7 million per document for draft normative legal documents with simple content that require fewer meetings to seek opinions, and not more than VND 10 million per document for draft Decisions guiding the implementation of Law projects, Ordinances, draft documents with complex content that have a wide scope of application nationwide and require organizing multiple meetings to widely seek opinions.

- For draft normative legal documents within the authority of the Ministers, Heads of Ministries (final product):

The maximum amount of funding allocated shall not exceed VND 5 million per document for draft normative legal documents with simple content and a narrow scope of regulation, and not more than VND 7 million per document for draft Circulars guiding the implementation of Law projects, Ordinances, draft documents with complex content that have a wide scope of application nationwide and require organizing multiple meetings to widely seek opinions.

- For Law projects, Ordinances, the allocation of funding shall be carried out according to the degree of complexity of each type of Law and Ordinance.

3. Preparing budgets, managing and settling accounts for funds ensuring the development of normative legal documents:

The preparation of budgets, management, disbursement, payment, and settlement of accounts for funds ensuring the development of normative legal documents shall be implemented in accordance with the guidelines for the implementation of the current State Budget Law. This Circular provides additional guidance on certain matters to suit the characteristics of the work of developing normative legal documents, specifically as follows:

a) Preparing budgets and allocating funds:

- Each year, central ministries and agencies shall prepare draft programs for Laws, Ordinances, Resolutions, Decrees based on their functions and responsibilities in developing normative legal documents and the provisions of this Circular, and simultaneously prepare budgets for drafting and developing; examination and review; and consolidation and systematization of normative legal documents, which shall be included in the annual regular budget of the central ministries and agencies and submitted to the Ministry of Finance, Ministry of Justice, Office of the Government, Office of the National Assembly for inclusion in the state budget proposal to be submitted to the Prime Minister and the National Assembly for approval in accordance with the State Budget Law.

Along with preparing the budget for the work of developing normative legal documents, when preparing draft programs for Laws and Ordinances, agencies and units must estimate the necessary funding (with calculation basis) and submit it to the Ministry of Finance for financial source assessment to ensure the implementation of laws and ordinances after they are promulgated in accordance with Clause 4, Article 16 of Government Decree No. 161/2005/NĐ-CP dated December 27, 2005.

- The allocation of support funds for agencies entrusted with the main responsibility for drafting Laws and Ordinances; and agencies entrusted with the responsibility for examining and reviewing Laws and Ordinances shall be carried out as follows:

After the National Assembly approves the Law and Ordinance development program for the planning year, the Ministry of Finance shall take the lead in coordinating with the Ministry of Justice, Office of the Government, Office of the National Assembly to propose the allocation of support funds for agencies responsible for drafting, examining, and reviewing Law and Ordinance projects, to be submitted to the Prime Minister for approval.

After being approved by the Prime Minister, the Ministry of Finance shall notify the support funds for developing Law and Ordinance projects to the relevant agencies for implementation.

- Based on the regular budget allocated by the competent authority; and based on the supported funding, the Head of the unit shall be responsible for allocating funds to subordinate units (detailed by each task).

b) Utilization and settlement of funds:

- Funds for developing normative legal documents are allocated and settled according to current regulations. Unused funds for developing normative legal documents at the end of the year can be transferred to the next year for continued use in the development of normative legal documents.

- The use of funds for the work of drafting normative legal documents must ensure the presence of lawful and valid supporting documents according to current regulations.

- Funds for drafting normative legal documents shall be recorded under the corresponding expenditure item in the state budget classification according to current regulations, depending on the specific content for which they are actually spent.

Chapter III. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette, replacing Circular No. 15/2001/TT-BTC dated March 21, 2001 of the Ministry of Finance guiding the management and use of state budget funds to support the drafting of normative legal documents. As for the year 2006, ministries and sectors shall proactively arrange within their 2006 state budget estimates already allocated for implementation.

2. In the course of implementation, if there are difficulties or obstacles, units are requested to report to the Ministry of Finance for study, amendment, and supplementation to make it appropriate.