Circular No. 249/2025/BXD stipulates the list of tasks, activities, and cost allocation for construction of regulatory documents, joint circulars, and certain aspects of financial management of construction-related legal texts by the Ministry of Construction.

CIRCULAR

Regulations on the scope of tasks, activities, and cost allocation for construction regulations and joint circulars, as well as certain financial management contents for legal documents of the Ministry of Building

Based on Law No. 64/2025/QH15 on Issuing Normative Legal Documents, amended and supplemented by Law No. 87/2025/QH15;

Based on Resolution No. 197/2025/QH15 of the National Assembly on Certain Mechanisms and Special Policies to Create Breakthroughs in Construction and Implementation of Laws;

Based on Decree No. 289/2025/NĐ-CP of the Government guiding implementation of Resolution No. 197/2025/QH15 of the National Assembly on Certain Mechanisms and Special Policies to Create Breakthroughs in Construction and Implementation of Laws;

Based on Decree No. 33/2025/NĐ-CP of the Government on Functions, Tasks, Powers, and Organizational Structure of the Ministry of Building;

In accordance with the proposal by the Director of the Legal Affairs Department;

The Minister of Building issues this Circular to regulate the scope of tasks, activities, and cost allocation for construction regulations and joint circulars initiated and issued by the Ministry of Building, as well as certain financial management contents for legal documents of the Ministry of Building.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of Application

1. This Circular stipulates:

a) The scope of tasks, activities, and cost allocation for drafting construction regulations and joint circulars initiated and issued by the Ministry of Building;

b) Authority to decide and adjust specific expenditure items and cost allocations for each task and activity related to drafting normative legal documents within the authority of the Ministry of Building;

c) Remuneration, hiring, and utilization of experts and consulting organizations in drafting normative legal documents within the authority of the Ministry of Building.

2. The scope of tasks, activities, and cost allocations for each task and activity related to drafting other normative legal documents not specified in paragraph 1 point a of this Article, as well as cost allocations for reviewing, assessing, harmonizing, systematizing normative legal documents, and systematic legal codes, shall be carried out in accordance with Decree No. 289/2025/NĐ-CP of the Government guiding implementation of Resolution No. 197/2025/QH15 of the National Assembly on Certain Mechanisms and Special Policies to Create Breakthroughs in Construction and Implementation of Laws (hereinafter referred to as Decree No. 289/2025/NĐ-CP).

Article 2. Applicability

This Circular applies to:

1. Units under the Ministry of Building assigned tasks and activities related to drafting normative legal documents;

2. Other agencies, organizations, or individuals involved in the implementation of tasks and activities specified in paragraph 1 of this Article.

Article 3. Implementation Principles

Ensuring compliance with the principles stipulated in Paragraph 3 of Resolution No. 197/2025/QH15 of the National Assembly on Certain Mechanisms and Special Policies to Create Breakthroughs in Construction and Implementation of Laws (hereinafter referred to as Resolution No. 197/2025/QH15) and Paragraph 2 of Decree No. 289/2025/NĐ-CP.

CHAPTER II

SCOPE OF TASKS, ACTIVITIES, COST ALLOCATION; AUTHORITY TO DECIDE AND ADJUST EXPENSE ITEMS, COST ALLOCATIONS; REMUNERATION, HIRING, AND UTILIZATION OF EXPERTS, CONSULTING ORGANIZATIONS IN DRAFTING NORMATIVE LEGAL DOCUMENTS

Article 4. Catalogue of Tasks, Activities and Quota Allocation for Each Task and Activity in Drafting Circulars and Joint Circulars

1. The catalogue of tasks, activities, and maximum quota allocation for each task and activity in drafting circulars and joint circulars shall be carried out in accordance with the annex attached to this Circular.

2. The quota allocation specified in the annex attached to this Circular is determined as follows:

a) In the case of a circular or joint circular drafted by one lead unit, which simultaneously drafts and submits for approval, the quota allocation applies according to the provisions of paragraph 1 of this Article;

b) In the case of a circular or joint circular where there is participation from both the lead drafting unit and the submitting advisory unit, the quota allocation shall be distributed in the ratio: 70% to the lead drafting unit, 30% to the submitting advisory unit on the total quota allocated according to the provisions of the annex attached to this Circular (excluding the quota for reviewing tasks, seeking opinions from Party organs, and activities supporting the drafting of circulars and joint circulars). In cases where multiple units are assigned to draft jointly, the allocation of the quota shall be carried out in accordance with the provisions of point c hereunder; c) In the case of a circular or joint circular where multiple units are assigned to draft jointly, based on the nature, complexity, and volume of work, the head of the lead drafting unit decides the specific allocation of the quota; the final settlement is carried out for all units assigned to draft jointly;

d) For a joint circular drafted by the Ministry of Construction, the distribution ratio specified in points a, b, c hereunder shall be calculated based on the remaining funds after deducting the quota allocated to the joint agency according to the provisions of the annex attached to this Circular. Based on the cooperation document, the joint agency and the lead drafting unit submit to the competent authority for approval of the budget allocation as per the provisions in Section B of the annex attached to this Circular to draft and issue a joint circular.

3. For frequently revised circulars or joint circulars due to the specific nature of the field or to meet timely changes in practice, the head of the lead drafting unit is responsible for determining the quota allocation based on the scope and extent of revision. The decision on the quota allocation must be consistent with the volume and content of the revisions, ensuring that resources are concentrated to address complex issues with significant economic and social impacts.

4. In cases where a circular is drafted to issue national technical standards, economic-technical quotas shall be allocated from scientific and technological funds, economic enterprise funds or other sources as provided by law. The quota allocation for tasks and activities according to the provisions of this Circular applies only to review tasks and supporting activities in drafting the circular.

5. Authority to Decide and Adjust Content and Specific Quota Allocation for Legislative Drafting Work

Article 5. Authority to Decide and Adjust Content and Specific Quota Allocation for Legislative Drafting Work

1. The head of the unit assigned the task of leading the drafting of a legislative document decides and adjusts specific content and quota allocations in accordance with the importance, complexity of each task and activity, the sequence and procedures for drafting legislative documents, and to meet actual needs that arise.

2. Decisions and adjustments on content and quota allocations must not exceed the total budget allocated for tasks and activities as specified in the annex attached to Resolution No. 197/2025/QH15 and the highest level of the quota framework according to each task and activity as stipulated in the annexes accompanying Decree No. 289/2025/NĐ-CP, this Circular; they must comply with regulations on supervision, auditing, inspection, and audit.

Article 6. Remuneration, Rental and Utilization of Experts and Consulting Organizations in Drafting Normative Legal Documents

1. The head of the unit responsible for drafting normative legal documents may:

a) Decide on the application of remuneration or rental services in the performance of tasks and activities as provided in Articles 3, 4, and 5 of Decree No. 289/2025/NĐ-CP;

b) Utilize and select experts and consulting organizations to support and enhance the quality of task and activity implementation;

c) Decide on the level of remuneration or rental services, methods of cooperation through bidding, assignment of tasks, or other methods that are in accordance with legal provisions for tendering when renting services, utilizing experts, or consulting organizations within the scope of the budget allocated.

2. In cases where relevant laws do not provide otherwise, the head of the unit responsible for drafting normative legal documents shall be responsible for:

a) Establishing criteria for selecting experts and consulting organizations that are in line with the content, field, and management scope of the unit;

b) Evaluating and being accountable for the results of evaluation and acceptance of completed products from tasks and activities.

Chapter III

PROVISIONS FOR IMPLEMENTATION

Article 7. Responsibilities of Units under the Ministry of Construction

1. The unit responsible for drafting normative legal documents

a) Bear responsibility for the product, documentation, and materials that serve as the basis for payment and final accounting of funds within the scope of the assigned task;

b) Prepare budgets, settle accounts for its own unit, units it has been entrusted to draft with, advisory units (if any), and other relevant units in accordance with the prescribed budgetary allocation methods set forth in Decree No. 289/2025/NĐ-CP and this Circular;

c) Use funds according to their intended purpose and regulations; ensure economy, efficiency, transparency, and openness;

d) Develop a management regulation for the use of funds related to the drafting of normative legal documents, except for units falling under the scope regulated by the management regulation on the funding of the drafting of normative legal documents as stipulated in paragraph 5, point c of this Article.

2. The head of a unit within the Ministry entrusted with responsibility for drafting normative legal documents

a) Bear responsibility before the Minister and relevant laws for the legality and validity of decisions on budgetary allocation levels, payment of remuneration, rental services, utilization of experts, or consulting organizations in performing tasks and activities, as well as organizational activities related to fund usage within the unit;

b) Bear responsibility for managing, utilizing, and settling accounts for funds ensuring that expenditures are made according to prescribed budgetary levels, with economy, efficiency, transparency, and openness, avoiding waste.

3. The Legal Affairs Department advises and submits proposals to the Minister of Construction for the issuance of a draft program and plan for drafting normative legal documents within the authority of the Ministry of Construction for units to implement according to the provisions of the state budget law.

4. The Planning-Finance Department, based on the state budget law, Decree No. 289/2025/NĐ-CP and this Circular, guides the preparation of budgetary plans, implements comprehensive reporting, and promptly allocates and assigns state budget funds; ensuring adequate resources for the implementation of normative legal document drafting work within the authority of the Ministry of Construction.

5. The Office of the Ministry

a) Consolidate the budgetary allocations for drafting normative legal documents from various Departments and the Ministry's Office as assigned by the Minister of Construction to draft;

Units entrusted with drafting have the responsibility to submit their budgetary allocations for drafting normative legal documents, after approval by competent authorities, to the Ministry's Office for consolidation.

b) Manage and settle accounts in accordance with regulations for funds allocated for drafting normative legal documents under the management of the Ministry's Office;

c) Develop a management regulation for the use of funds related to the drafting activities of the Ministry's Office and its Departments.

6. Units within the Ministry participating in the process of drafting normative legal documents bear responsibility for providing complete products, documentation, and materials to the lead unit responsible for drafting as the basis for payment and final accounting of funds.

Article 8. Implementation Provisions

1. This Circular shall take effect from July 15, 2026.

2. The tasks and activities related to the preparation of normative legal documents that have been approved for budget allocation prior to the effectiveness of this Circular may continue to be organized and implemented in accordance with the approved budget.

3. In case the normative legal documents referred to in this Circular are amended, supplemented, or replaced, such provisions shall be implemented in accordance with the amended, supplemented, or replacement document./.