Resolution No. 197/2025/QH15 on certain special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws

DECREE ON

 On certain special mechanisms and policies to create breakthroughsin legislative work and enforcement of laws

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15 amended and supplemented by Law No. 87/2025/QH15;.

RESOLUTION: 

Article 1. Scope of Regulation

This Resolution stipulates certain special mechanisms and policies regarding finance, human resources, development and application of digital technology, digital transformation aimed at creating breakthroughs in legislative work and some tasks and activities related to the enforcement of laws that directly support legislative work.

Article 2. Tasks and activities subject to special mechanisms and policies

1. Studying strategies and policies to formulate viewpoints, guidelines, policies, and orientations on legislative work at Party agencies, State agencies, and the Vietnam Fatherland Front.

2. Drafting, promulgating regulatory legal documents, and participating in international law-making.

3. Resolving international disputes and handling other legal issues arising during the process of international integration.

4. Monitoring, guiding, urging the implementation, institutionalizing resolutions, directives, and conclusions of the Party on legislative work; supervising regulatory legal documents; reviewing, consolidating, harmonizing, and codifying regulatory legal documents and systems of legal norms.

5. Engaging in dialogue, resolving complaints, addressing difficulties and obstacles concerning legal matters raised by individuals, agencies, organizations, businesses, and localities.

6. Evaluating the effectiveness of laws after promulgation and comprehensively addressing, synchronously resolving any obstacles and inadequacies stemming from legal provisions and the enforcement of laws.

7. Recruiting, training, developing high-quality human resources for advisory legislative work; attracting and utilizing talent, engaging experts and consulting organizations in legislative work and some tasks and activities related to the enforcement of laws that directly support legislative work.

8. Developing and applying digital technology, digital transformation to serve the modernization and innovation of legislative work and enforcement of laws.

Article 3. Principles for Applying Special Mechanisms and Policies

1. Ensuring the enhancement of quality and effectiveness of legislative work and enforcement of laws to meet the requirements of national development in the new era.

2. Implementing special financial mechanisms and policies with superior standards and cost allocation based on tasks and activities; remuneration and incentive policies for those involved in legislative work and some tasks and activities related to the enforcement of laws that directly support legislative work, linked to their functions, responsibilities, activities, and job positions.

3. Ensuring the correct application of special mechanisms and policies to the right subjects, transparently, effectively, and economically; preventing and combating corruption, waste, negativity, group interests, parochialism, and any form of profiteering in legislative work and enforcement of laws, as well as in the implementation of special mechanisms and policies prescribed in this Resolution.

4. Strictly dealing with acts of corruption, negativity, group interests, parochialism in legislative work and enforcement of laws in accordance with the nature and degree of violation through disciplinary measures of the Party, administrative discipline, administrative violations, and criminal proceedings according to the regulations of the Party and the laws of the State.

Article 4. The budget implements special mechanisms and policies

1. Ensuring expenditure for legislative work shall not be less than 0.5% of the total annual state budget expenditure and gradually increase according to development requirements, including:

a) Expenditure for performing tasks and activities stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 2 of this Resolution; drafting the Legislative Orientation Program for the term of the National Assembly, the Annual Legislative Program;

b) Expenditure for implementing the regime and policies for persons participating in legislative work as prescribed in Clause 1 of Article 7 of this Resolution;

c) Expenditure for performing tasks and activities stipulated in Articles 8 and 9 of this Resolution;

d) Ensuring the registered capital for the Fund supporting policy and legal construction;

đ) Expenditure for developing and applying digital technology, digital transformation to serve innovation and modernization of legislative work and organization of law enforcement as prescribed in Article 10 of this Resolution;

e) Expenditure for supervising law enforcement; supporting investment in modern infrastructure and equipment serving legislative work, issuance of regulatory legal documents, participation in international legal construction as prescribed in Clause 2 of Article 2 of this Resolution, and for organizations researching strategy and policy in the field of law towards ASEAN standards;

2. The National Assembly decides to allocate to the Government the budget amount ensuring expenditure as prescribed in Clause 1 of this Article.

The Government promptly allocates and ensures sufficient budget for the contents prescribed in Clause 1 of this Article. The Prime Minister decides on detailed allocation for expenditures that the Government has not allocated to ensure timely and sufficient budget, in accordance with the provisions of the law.

3. The Standing Committee of the National Assembly prescribes the list of tasks and activities and the quota expenditure rate for each task and activity for the content of reviewing and approving regulatory legal documents and reviewing, approving, deciding on accession to international treaties, international organizations as prescribed in Section I and Section II.1 of Appendix II issued together with this Resolution.

The Government prescribes the list of tasks and activities and the quota expenditure rate for each task and activity for the content of drafting, preparing, examining, submitting regulatory legal documents and each task and activity before the review, approval, decision-making stage on accession to international treaties, international organizations as prescribed in Appendix II issued together with this Resolution.

In addition to the total expenditure amount in regulatory legal document construction and international treaty construction prescribed in Appendix II issued together with this Resolution, the quota expenditure rate prescribed in this clause and expenditure for other contents prescribed in Clauses 1 and 4 of this Article shall be from three to five times higher than the current expenditure quota for the same content.

In case of necessity, based on actual circumstances, the Government adjusts and supplements the provisions in Appendix II issued together with this Resolution.

4. The application of remuneration, contracting, and remuneration rates, contracting rates in performing tasks and activities stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 2 of this Resolution shall be implemented in accordance with the Government's regulations.

5. The state budget ensures regular expenditure and investment expenditure for organizations researching strategy and policy in the field of law.

6. Mechanisms and policies for tasks and activities stipulated in Clause 8 of Article 2 and Article 10 of this Resolution shall be implemented in accordance with Resolution No. 193/2025/QH15 dated February 19, 2025 of the National Assembly on piloting certain special mechanisms and policies to create breakthroughs in national science, technology, innovation, and digital transformation, detailed regulatory legal documents guiding the implementation of Resolution No. 193/2025/QH15, amended, supplemented, or replaced documents.

7. The head of the agency assigned to perform tasks and activities stipulated in Article 2 of this Resolution has the authority to decide on the content of expenditure, change the content of expenditure according to the principles prescribed in Article 3 of this Resolution; is responsible for the use of the allocated budget; ensuring the allocation, management, and use of funds commensurate with the importance and complexity of the tasks and activities and meeting the actual needs arising during the performance of the tasks and activities; complying with the provisions on supervision, inspection, auditing; ensuring democracy, transparency, and openness.

8. Organizations and individuals performing tasks and activities stipulated in Article 2 of this Resolution are exempted from civil liability and do not have to refund the funds used from the state budget when they have fully performed the content, procedures, and relevant regulations in performing the tasks and activities but the results of the tasks and activities are not achieved or recognized due to changes in state policy or due to objective factors, force majeure events.

Article 5. Allocation of Expenditure in Law Building Work

1. State budget funds for law building work shall be allocated on a task-by-task or activity-by-activity basis.

2. The allocation of expenditure based on tasks or activities related to drafting normative legal documents and participating in international law building shall be carried out according to the total expenditure level specified in Appendix II attached to this Resolution and in accordance with Clause 3, Article 4 of this Resolution.

The allocation of expenditure in implementing tasks and activities involving procurement of assets; the allocation of expenditure for tasks and activities stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 2 and Clause 4 of Article 4 of this Resolution shall be implemented in accordance with the provisions of the Government.

3. The head of the agency or unit assigned tasks and activities as stipulated in Article 2 of this Resolution shall be responsible for evaluating and deciding on the completion products within the scope of the assigned tasks and activities.

Article 6. Fund for Supporting Policy and Law Building

1. The Fund for Supporting Policy and Law Building (hereinafter referred to as the Fund) is a state financial fund outside the state budget, having legal personality, under the Ministry of Justice, operating without profit-making objectives.

2. The Fund aims to support and sponsor projects, tasks, and activities that are not funded by the state budget or require additional funding to create breakthrough, positive, effective, and sustainable changes in law building, including:

a) Tasks and activities related to researching and formulating strategies for law building;

b) Tasks and activities related to researching policies, drafting, issuing normative legal documents, and participating in international law building;

c) Tasks and activities supporting human resource development, hiring experts, and engaging consulting organizations in researching and building policies and laws;

d) Organizing and participating in domestic and international legal conferences, seminars, and forums;

đ) Supporting research on drafting concentrated and professional normative legal documents;

e) Supporting certain activities monitoring law enforcement; inspecting and reviewing normative legal documents;

g) Supporting the implementation of tasks and activities of the Central Steering Committee for Improving Institutions and Laws;

h) Supporting other tasks and activities in law building as required by competent authorities or decided by the Minister of Justice.

3. The Fund's registered capital is guaranteed by the state from the state budget as stipulated in Clause 1, Article 4 of this Resolution; it can receive legitimate sources of support outside the state budget from domestic organizations and individuals. The Fund is allowed to open accounts at the State Treasury, commercial banks legally operating in Vietnam in accordance with the law.

4. The Fund management agency has the right to allocate expenditure and adjust expenditure items in accordance with the principles set forth in Article 3 of this Resolution; in line with emerging needs and actual market costs or service types at the time of implementing tasks and activities.

In cases where there is legitimate support outside the state budget from organizations and individuals tied to specific objectives, the Fund management agency must use the appropriate support funds to meet those specific objectives.

5. Receiving legitimate sources of support outside the state budget from domestic organizations and individuals and using the Fund must ensure transparency, openness, adherence to thrift, anti-corruption, waste, negativity, group interests, regionalism, and prevention of all forms of profiteering in law building and organizing law enforcement; comply with legal regulations on protecting state secrets and managing foreign-related activities.

Contributions from organizations and individuals to the Fund for law building work shall be included in deductible expenses when determining corporate income tax and individual income tax.

6. The organization and operation of the Fund shall be carried out in accordance with the provisions of the Government.

Article 7. Regime and policies for persons participating in legislative work

1. Persons directly and regularly engaged in advisory research on strategy, policy, and legislative drafting at certain agencies and units shall be entitled to monthly support equivalent to 100% of their current salary level based on the salary coefficient (excluding allowances), including:

a) Full-time National Assembly deputies;

b) Full-time provincial People's Council deputies;

c) Leaders, civil servants, and officers from the armed forces holding positions related to legislative drafting, legal affairs, inspection of regulatory documents, international dispute resolution, and researchers from agencies and units specified in Appendix I attached to this Resolution;

In cases where agencies and units specified in Appendix I attached to this Resolution change their names, functions, or organizational models, the determination of beneficiaries under this provision shall be carried out according to the regulations of the Government;

d) Other subjects within the Party and Vietnam Fatherland Front organizations as prescribed by the competent authority of the Party;

đ) Other subjects within Ministries, ministerial-level agencies, and local authorities as prescribed by the Government;

e) Subjects not falling under points a, b, c, d, and đ of this clause as prescribed by the Standing Committee of the National Assembly;

The provisions regarding other beneficiaries entitled to monthly support under points d, đ, and e of this clause must ensure that they are persons directly and regularly engaged in advisory research on strategy, policy, and legislative drafting, consistent with the principles stipulated in Article 3 of this Resolution;

2. The provisions of Clause 1 of this Article shall not apply to persons holding leadership positions at Deputy Minister level and above, except for those specified in points a and b of Clause 1 of this Article;

3. The monthly support stipulated in Clause 1 of this Article shall be paid concurrently with salaries and shall not serve as a basis for calculating contributions and benefits under social insurance schemes;

4. Income derived from legislative work as prescribed in this Resolution shall be exempt from personal income tax and other financial obligations to the State;

5. In cases where persons specified in Clause 1 of this Article are eligible for multiple monthly support policies simultaneously, they shall only benefit from the highest support policy;

Article 8. Ensuring and Enhancing the Quality of Human Resources Engaged in Legislative Work

1. Graduates with excellent degrees at bachelor level or higher in various fields, industries, and professions who have completed specialized training programs in legislative drafting shall be given priority when applying for positions in agencies and units specified in Appendix I attached to this Resolution;

Specialized training programs in legislative drafting shall be implemented according to the decision of the Minister of Justice;

2. Persons performing tasks and activities as prescribed in Article 2 of this Resolution shall be given priority to participate in domestic and international training and capacity-building courses suitable for their job requirements;

3. Implementing systems and policies to attract, utilize, and extend working periods without holding positions for cadres, civil servants, and officers from the armed forces with high professional qualifications and extensive practical experience in legislative drafting;

4. Cadres, civil servants, officers from the armed forces, and researchers as prescribed in Clause 1 of Article 7 of this Resolution shall be given priority for planning, assignment, transfer, and rotation among ministries, sectors, and localities; their salary increase, promotion, and placement in leadership positions shall be expedited based on their performance evaluation results;

5. Implementing special mechanisms to attract, recruit, train, and develop human resources with high professional qualifications and practical experience in international law and international dispute resolution; deploying Vietnamese experts to work in the legal departments of international organizations, international legal organizations, and international judicial bodies;

Cadres, civil servants, and officers from the armed forces selected to participate in and work in the legal departments of international organizations, international legal organizations, and international judicial bodies shall enjoy participation and employment policies in these international organizations and retain their domestic policies;

6. Heads of management agencies for persons benefiting from support regimes as specified in points c, d, đ, and e of Clause 1 of Article 7 of this Resolution shall be responsible for organizing reviews, inspections, evaluations, and screenings to ensure requirements and enhance the quality of human resources engaged in legislative work.

Article 9. Attracting and utilizing organizations and individuals to participate in performing tasks and activities in legislative work and certain tasks and activities supporting the direct implementation of laws

1. The head of the agency or unit implementing the tasks and activities specified in Article 2 of this Resolution shall decide on criteria for determining experts and consulting organizations; have the right to independently select and decide on the methods of cooperation and signing contracts with experts and consulting organizations in the performance of tasks and activities, in accordance with actual costs based on market prices or service types at the time of task and activity implementation; bear responsibility for the quality and results within the scope of assigned tasks and activities. In cases where foreign experts or foreign consulting organizations are hired for policy advice and support, approval from the competent authority must be obtained.

2. The attraction and utilization of experts and consulting organizations as stipulated in this Article must comply with legal provisions on state secrets protection and management of external activities.

Article 10. Developing and applying digital technology, digital transformation to serve innovation and modernization of legislative work and law enforcement

1. Activities involving the application of digital technology and digital transformation to serve innovation and modernization of legislative work and law enforcement include:

a) Building large-scale databases on laws to collect, digitize, and integrate data sources such as Party guidelines and policies, legislative document drafting files, regulatory legal documents, international treaties to which the Socialist Republic of Vietnam is a party, and other related data sources to form shared and open data repositories serving the application of digital technology and digital transformation in legislative work and law enforcement activities;

b) Applying artificial intelligence and developing virtual assistants in business operations to support the innovation of procedures, enhance the effectiveness of management activities related to legislative work and law enforcement based on exploiting large-scale legal databases;

c) Developing information technology infrastructure, information systems, and digital platforms to serve management, drafting, promulgation of regulatory legal documents, and certain tasks and activities supporting the direct implementation of laws, ensuring information security and safety.

2. Digital products and services serving legislative work and law enforcement are key digital products and services. Domestic digital products and services produced to serve legislative work and law enforcement are prioritized for investment, leasing, procurement using state budget funds.

3. Ensuring sufficient state budget allocation for the implementation of the project to build large-scale legal databases and the project to apply artificial intelligence in legislative work, document verification, and review.

Article 11. Implementation Organization

1. The Government shall provide guidance on the implementation of this Resolution.

2. The Government, Ministries, agencies equivalent to ministries, central-level agencies, and localities shall enhance their responsibilities in legislative work and law enforcement, particularly the responsibility of heads in leading and directing the organization and implementation, and supervision of the implementation of this Resolution.

3. The National Assembly, Standing Committee of the National Assembly, Ethnic Council, Committees of the National Assembly, Delegations of National Assembly Members, National Assembly Deputies, People's Councils, Committees of People's Councils, People's Council Deputies, and the Vietnam Fatherland Front, within their respective duties and powers, shall supervise the implementation of this Resolution.

Article 12. Implementation Provisions

1. This Decision takes effect from July 1, 2025.

2. In cases where there are different provisions on the same issue between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall apply, except as provided in Clause 3 of this Article.

3. Where other documents provide more favorable mechanisms and policies than those stipulated in this Resolution, such mechanisms and policies shall be applied.

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This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the 9th session, on May 17, 2025.