Decision No. 23/2025/QĐ-TTg Issuing the Regulation on the Operation of the Independent Appraisal Board as stipulated in Resolution No. 206/2025/QH15 regarding special mechanisms to address difficulties and obstacles caused by legal provisions.

Pursuant to …;

Issuing the Regulation on the Operation of the Independent Appraisal Council

 in accordance with Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles caused by legal provisions

handling difficulties and obstacles caused by legal provisions;

On the basis of 61/2014/QH13;

Pursuant to Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles caused by legal provisions;

At the proposal of the Minister of Justice;

The Prime Minister issues this Decision to issue the Regulation on the Operation of the Independent Appraisal Council in accordance with Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles caused by legal provisions.

Clause 4 of Article 6This Decision includes the Regulation on the Operation of the Independent Appraisal Council in accordance with Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles caused by legal provisions.

Article 2. This Decision takes effect from the date of issuance until February 28, 2027.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and municipal People's Committees, relevant organizations, and individuals shall be responsible for implementing this Decision.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals shall report them to the Ministry of Justice for consolidation and reporting to the Prime Minister.

REGULATIONS

OPERATIONS OF THE INDEPENDENT APPRAISAL COUNCIL AS PROVIDED FOR IN RESOLUTION NO. 206/2025/QH15 ON SPECIAL MECHANISMS TO ADDRESS DIFFICULTIES AND OBSTACLES,

CAUSED BY LEGAL PROVISIONS
(Attached to Decision No. 23/2025/QĐ-TTg

July 14, 2025 of the Prime Minister)

Article 1. Scope of Regulation

This Regulation stipulates the principles of operation, establishment, tasks, and powers of the Independent Appraisal Council as provided for in Article 5 of Resolution No. 206/2025/QH15 on special mechanisms to address difficulties and obstacles caused by legal provisions (hereinafter referred to as the Council).

Article 2. Principles of Operation of the Council

1. The Council operates under a collective decision-making system, voting by ballot, and decisions made by a majority vote (more than 50% of the total number of Council members as determined in the Council's establishment decision); in case of a tie vote, the decision will follow the opinion of the Chairman of the Independent Appraisal Council.

2. The Council may use the seal of the Ministry of Justice.

3. Members of the Council operate on a concurrent basis.

4. The Council ceases operations upon completion of its assigned tasks as specified in the Ministry of Justice's decision on the establishment of the Council.

Article 3. Establishment of the Council

1. Immediately upon receipt of all appraisal files, the Minister of Justice shall issue a decision to establish the Independent Appraisal Council in accordance with Clause 3 of Article 5 of Resolution No. 206/2025/QH15.

2. Composition of the Board includes:

a) The Chairman of the Council is a Leader of the Ministry of Justice;

b) The Vice-Chairman of the Council is a Leader of a unit within the Ministry of Justice responsible for leading the advisory work on the appraisal process;

c) Members of the Council include representatives from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Science and Technology, the Office of the Government, related agencies of the National Assembly, and the Vietnam Fatherland Front Central Committee.

Based on the content of the draft resolution, the Minister of Justice decides to invite representatives from ministries, ministerial-level agencies, experts, and scientists with appropriate qualifications and experience, as well as other relevant agencies, organizations, and individuals to participate in the Independent Appraisal Council;

d) The Secretary of the Council is a civil servant from a unit within the Ministry of Justice responsible for leading the advisory work on the appraisal process.

Article 4. Tasks and Authorities of the Council, Chairperson, Vice-Chairpersons, Members of the Council, and the Standing Office of the Council

1. The Council shall have the task of reviewing draft resolutions of the Government on handling difficulties and obstacles arising from legal provisions as stipulated in Clause 4, Article 5 of Resolution No. 206/2025/QH15, ensuring compliance with deadlines and quality standards.

2. Tasks and authorities of the Chairperson of the Council

a) Directing the organization of reviews;

b) Chairing meetings of the Council;

c) Assigning tasks to members of the Council during its operations;

d) Signing the Review Report and Minutes of review meetings.

3. Tasks and authorities of the Vice-Chairperson of the Council

a) Assisting the Chairperson in directly directing and coordinating the activities of the Council;

b) Acting on behalf of the Chairperson to chair meetings of the Council and sign the Minutes of such meetings when authorized;

c) Performing other tasks and authorities of Council members.

4. Tasks and authorities of Council members

a) Studying the dossier of draft resolutions, participating in review meetings, making statements, and bearing responsibility for their review opinions as stipulated in Clause 4, Article 5 of Resolution No. 206/2025/QH15;

b) Voting by ballot on whether the draft resolution meets the conditions to be submitted to the Government and other contents as required by the Council (if applicable);

c) In cases where they cannot attend the review meeting, they must submit their review opinions in writing to the Council (through the Standing Office, which is the Ministry of Justice) before the review meeting takes place. The review opinion must clearly state whether the draft resolution meets the conditions to be submitted to the Government. The review opinion may be sent electronically;

d) Reserving their review opinions if they disagree with the Council's conclusions (if applicable).

5. The Ministry of Justice is the Standing Office of the Council and has the following tasks and authorities:

a) Advising, assisting, and serving the activities of the Council;

b) Preparing necessary conditions regarding infrastructure and funding to ensure the operation of the Council.

Article 5. Preparation for Council Meetings

1. The agency primarily responsible for drafting the resolution shall send the Ministry of Justice a request for review along with the review dossier according to Point a, Clause 2, Article 5 of Resolution No. 206/2025/QH15 in both electronic and paper formats. The draft resolution should bear a cross-stamp, while other documents should bear hanging stamps.

2. The Ministry of Justice shall be responsible for receiving and checking the review dossier. If the review dossier is incomplete or invalid as stipulated in Clause 1 of this Article, the Ministry of Justice must immediately notify the agency primarily responsible for drafting the resolution to supplement and perfect the dossier.

3. Immediately upon receipt of all documents and issuance of the Decision establishing the Council, the Council shall send an invitation to the agency primarily responsible for drafting the resolution; send an invitation and the draft resolution dossier to Council members, and simultaneously post it on the Ministry of Justice’s online portal.

4. Council members must confirm their participation in the meeting. In case they cannot attend, they must report to the Chairperson, stating the reason for absence and submitting their opinion in writing as stipulated in this Regulation.

Article 6. Council Meetings

1. Council meetings shall be held on working days. In exceptional cases, meetings can be organized outside regular working hours or on non-working days.

2. The Chairperson of the Council shall chair the meeting. In the absence of the Chairperson, the Vice-Chairperson may be authorized to chair the meeting.

3. The leader of the agency primarily responsible for drafting the resolution shall attend the meeting and present the main content of the draft resolution; provide and supplement information and documents related to the draft resolution.

4. Council members shall express their review opinions as stipulated in Clause 4, Article 5 of Resolution No. 206/2025/QH15. The Council Secretary shall read out the written review opinions of absent Council members.

In cases where representatives of ministries and agencies at the level of ministries are absent and do not submit written opinions, it shall be understood that they agree with the draft resolution. In cases where representatives of the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, and the Ministry of Science and Technology are absent and do not submit written review opinions, the Ministry of Justice shall send a letter to the respective Ministers, accompanied by the review report.

5. The Council Secretary shall record the Minutes of the Council meeting. The Minutes of the review meeting shall include the following basic contents: Legal basis for establishing the Council; number and composition of participants among Council members; content of the meeting, opinions of Council members; opinions of the agency primarily responsible for drafting the resolution; results of voting by the Council including: review results, reserved opinions of Council members (if any), recommendations of the Council; full name and signature of the Chairperson or Vice-Chairperson and the Secretary of the Council.

In cases where the opinions expressed by Council members at the review meeting differ from those submitted by ballot, the opinion submitted by ballot shall be considered the official opinion.

6. The Council's review report must clearly state whether the draft resolution meets the conditions to be submitted to the Government; the participation of opinions from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Science and Technology, and other State bodies as Council members. In cases where the review report concludes that the draft resolution only meets the conditions to be submitted to the Government after incorporating and perfecting, the review report must specify the content and requirements for incorporation and perfection. The review report shall be sent to the Government and the agency primarily responsible for drafting the resolution for revision and perfection of the dossier, and simultaneously sent to Council members.

In cases where the draft resolution does not meet the conditions to be submitted to the Government, the agency primarily responsible for drafting the resolution shall be responsible for studying, incorporating, and revising the draft and sending the draft resolution dossier to the Ministry of Justice for re-review. The re-review shall be conducted in accordance with Clause 2, Article 5 of Resolution No. 206/2025/QH15 and this Regulation.

Article 7. Operating expenses

The operating expenses of the Council shall be allocated by the Council's Standing Office in accordance with the provisions of Resolution No. 197/2025/QH15 on certain special mechanisms and policies to create breakthroughs in the formulation and implementation of laws and regulatory documents guiding such activities.