Circular 31/2026/TT-BYT of the Ministry of Health

CIRCULAR

Guidelines on certain contents of Decree No. 289/2025/NĐ-CP of the Government guiding the implementation of Resolution No. 197/2025/QH15 of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws

Pursuant to Resolution No. 197/2025/QH15;

Pursuant to Decree No. 289/2025/NĐ-CP of the Government guiding the implementation of Resolution No. 197/2025/QH15 of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws;

Pursuant to Decree No. 42/2025/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

At the proposal of the Director of the Legal Department;

The Minister of Health issues this Circular guiding certain contents of Decree No. 289/2025/NĐ-CP of the Government guiding the implementation of Resolution No. 197/2025/QH15 of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws.

Article 1. Scope of Regulation

1. This Circular guides the implementation of certain contents of Decree No. 289/2025/NĐ-CP of the Government guiding the implementation of Resolution No. 197/2025/QH15 of the National Assembly on special mechanisms and policies to create breakthroughs in the formulation and enforcement of laws, including:

a) The list of tasks, activities, and budget allocation standards for each task and activity in drafting circulars and joint circulars led by the Ministry of Health;

b) The authority to decide and adjust the content and specific budget allocation standards for the work of formulating legal regulations at the Ministry of Health;

c) Criteria for identifying experts and organizations providing consultancy in the work of formulating legal regulations at the Ministry of Health;

d) Budget planning, management, utilization, payment, and settlement for the work of formulating legal regulations at the Ministry of Health.

2. The budget allocation standards for formulating policies, legal regulations that are not circulars or joint circulars; international treaties led by the Ministry of Health shall be implemented according to the budget allocation standards and framework budget allocation standards prescribed in Appendix I and Appendix II attached to Decree No. 289/2025/NĐ-CP. The preparation of the budget for the legal regulations specified in this Clause shall be carried out in accordance with Article 6 of this Circular.

Article 2. Applicability

This Circular applies to Departments, Bureaus, the Office of the Ministry, the Party Committee Office of the Ministry of Health, subordinate public institutions under the Ministry of Health, and other relevant agencies, organizations, units, and individuals in performing the tasks and activities stipulated in Article 1 of this Circular.

Article 3. List of tasks, activities, and budget allocation standards for each task and activity in drafting circulars, joint circulars

The list of tasks, activities, and budget allocation standards for each task and activity in drafting circulars, joint circulars led by the Ministry of Health shall be implemented according to the Appendix attached to this Circular.

Article 4. Authority to decide and adjust the content and specific budget allocation standards for the work of drafting circulars, joint circulars

1. Delegation to the heads of units specified in Article 2 of this Circular to decide on the content and specific budget allocation standards for each task and activity.

2. The heads of units receiving delegation shall bear full responsibility for deciding on the content and level of expenditure for the assigned tasks.

Article 5. Criteria for determining experts and consulting organizations in the drafting of circulars and joint circulars

1. In cases where relevant laws do not provide otherwise, the head of the unit specified in Article 2 of this Circular shall decide on the criteria for determining experts and consulting organizations.

2. The head of the unit authorized to make decisions independently shall be responsible for deciding the criteria for determining experts and consulting organizations for assigned tasks.

Article 6. Budget preparation, management, utilization, payment, and settlement of funds allocated for legislative activities

1. The preparation of budgets, management, utilization, and settlement of state budget funds to ensure the tasks and activities of the Ministry of Health in drafting regulatory legal documents shall comply with the provisions of Article 2 and Article 7 of Decree No. 289/2025/NĐ-CP, the State Budget Law, and related documents. Settlement documents for funds allocated for drafting regulatory legal documents shall be implemented in accordance with the provisions of Article 7 of Decree No. 289/2025/NĐ-CP.

2. The head of the unit specified in Article 2 of this Circular shall be responsible for:

a) Proposing and submitting to the Ministry of Health (through the Legal Department) for approval the annual plan for drafting circulars and joint circulars led by the Ministry of Health.

b) Based on the annual program, plan, and assignment documents for drafting regulatory legal documents issued by competent authorities, including the annual plan for drafting circulars and joint circulars approved by the Ministry of Health in accordance with point a of this Clause, to establish the tasks and budget estimates for drafting regulatory legal documents and the annual budget estimates of the unit in accordance with the State Budget Law and guidance from the Ministry of Health. The proposed budget estimate for each task of drafting regulatory legal documents shall not exceed the total expenditure for tasks and activities stipulated in Appendix II attached to Resolution No. 197/2025/QH15 and within the framework of cost limits for each task and activity stipulated in the Appendices attached to Decree No. 289/2025/NĐ-CP and the Appendix attached to this Circular.

c) Proactively deciding on the hiring of experts and consulting organizations to participate in tasks and activities; implementing payments to experts and consulting organizations in accordance with regulations. Ensuring full, transparent, and timely payments in compliance with regulations to units, organizations, and individuals specified in the Appendix attached to this Circular.

d) Being accountable for explanations when requested by competent authorities, organizations, or individuals in accordance with regulations.

3. Heads of budget-using units shall be responsible for organizing implementation and guiding subordinate units allocated or assigned budget estimates for drafting regulatory legal documents to manage, utilize, settle accounts, and clear accounts of state budget funds and other lawful sources allocated, ensuring efficiency, transparency, and compliance with standards and limits set forth in the State Budget Law, implementing guidelines, and related laws.

4. The Planning and Finance Department shall be responsible for:

a) Consolidating the budget for drafting regulatory legal documents into the annual budget estimate of the Ministry of Health.

b) Based on the annual budget allocation, coordinating with the Legal Department to develop distribution plans for submission to the Ministry of Health and implementing budget allocations to budget-using units, specifically allocating state budget funds for the drafting of regulatory legal documents by the unit.

c) Compiling and submitting to the Ministry of Health for adjustment of the annual budget within the allocated budget range of the Ministry of Health to align with the Ministry's or competent authority's plan and tasks for drafting regulatory legal documents. In cases where new tasks arise during the year that cannot be accommodated within the allocated budget, submitting to the Ministry of Health for reporting to the Ministry of Finance to request supplementary budget allocations in accordance with the State Budget Law.

Article 7. Implementation Provisions

1. This Circular takes effect from September 1, 2026.

2. For cases of drafting regulatory legal documents before the effective date of this Circular, supplementary budget estimates and payments, settlements shall be made according to the cost allocation standards stipulated in Resolution No. 197/2025/QH15, as provided in Article 30 of Decree No. 289/2025/NĐ-CP and the provisions of this Circular.

During implementation, if there are any difficulties, organizations and individuals are advised to promptly report to the Ministry of Health (Legal Department) for research and guidance./.