Decree 33/2026/TT-BCA Guidelines for certain provisions in Decree No. 289/2025/NĐ-CP of the Government, dated November 6, 2025, guiding the implementation of Resolution No. 197/2025/QH15 of the National Assembly, dated May 17, 2025, on certain special mechanisms and policies to create breakthroughs in the formulation and organization of law enforcement within the People's Public Security.

CIRCULAR

Guidance on Certain Provisions of Decree No. 289/2025/NĐ-CP
dated November 6, 2025, issued by the Government to implement
Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly
on Certain Special Mechanisms and Policies Creating Breakthroughs in Legislation
and Implementation of Law within the People's Public Security Force

Based on Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on certain special mechanisms and policies creating breakthroughs in legislation and implementation;

Based on Decree No. 289/2025/NĐ-CP dated November 6, 2025, issued by the Government to implement Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on certain special mechanisms and policies creating breakthroughs in legislation and implementation;

Based on Decree No. 02/2025/NĐ-CP dated February 18, 2025, issued by the Government to define functions, tasks, powers, and organizational structure of the Ministry of Public Security as amended and supplemented by Decree No. 11/2025/NĐ-CP dated July 1, 2025;

In accordance with the proposal of the Director of the Legal Affairs and Administrative Reform Bureau, Justice;

The Minister of Public Security promulgates this Circular to guide certain provisions in Decree No. 289/2025/NĐ-CP dated November 6, 2025, issued by the Government to implement Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on certain special mechanisms and policies creating breakthroughs in legislation and implementation within the People's Public Security Force.

Article 1. Scope of Application

This Circular guides the implementation of certain provisions in Decree No. 289/2025/NĐ-CP dated November 6, 2025, issued by the Government to implement Resolution No. 197/2025/QH15 dated May 17, 2025, of the National Assembly on certain special mechanisms and policies creating breakthroughs in legislation and implementation within the purview of the Ministry of Public Security, including:

1. The list of tasks, activities, and budget allocation for each task and activity to prepare annual legislative program documents, draft circulars, and joint circulars initiated by the Ministry of Public Security.

2. Authority to decide and adjust specific expenditure content and budget allocations for legislation, review, and approval of circulars, and joint circulars at the Ministry of Public Security.

3. Criteria for identifying experts and consulting organizations in the process of drafting legislative documents within the Ministry of Public Security.

4. Preparation of budgets, management, utilization, settlement, and final accounting of funds allocated for tasks related to preparing annual legislative programs, drafting, reviewing circulars, and joint circulars at the Ministry of Public Security.

Article 2. Applicability

This Circular applies to:

1. Units under the Ministry of Public Security responsible for preparing annual legislative program documents, formulating policies, drafting, and reviewing legislative documents.

2. Government agencies, units, organizations, and individuals involved in budget preparation, management, utilization, and final accounting of state budget funds for tasks related to preparing annual legislative programs and drafting legislative documents at the Ministry of Public Security.

3. Other organizations, entities, and individuals relevant to the implementation of tasks and activities specified in Clause 1 of this Article.

Article 3. Catalogue of tasks, activities and cost allocation for each task and activity in the preparation of legislative programs for annual drafting of normative legal documents, drafting of circulars, joint circulars to be prepared by the Ministry of Public Security

1. The catalogue of tasks, activities and cost allocation for each task and activity in the preparation of circulars, joint circulars to be prepared by the Ministry of Public Security shall be implemented according to Appendix I attached hereto.

2. The catalogue of activities and cost allocation for the task and activity of preparing legislative programs for annual drafting of normative legal documents shall be implemented according to Appendix II attached hereto.

Article 4. Authority to decide, adjust content and specific cost allocations for the preparation and review of circulars, joint circulars at the Ministry of Public Security

The head of the unit assigned to prepare and review circulars, joint circulars at the Ministry of Public Security shall decide and adjust the specific cost allocations for each task and activity in accordance with the importance and complexity of such tasks and activities, ensuring that they meet the actual needs arising therefrom; without exceeding the total cost allocation for the relevant task or activity as specified in Appendix II attached to Resolution No. 197/2025/QH15 dated May 17, 2025 by the National Assembly on certain special mechanisms and policies to create breakthroughs in drafting and implementing laws, and the highest level of cost allocation framework for each task or activity as specified in Appendix I attached to this Decree; while adhering to regulations on supervision, inspection, and auditing; ensuring democracy, transparency, and openness.

Article 5. Criteria for determining experts and consulting organizations in the preparation and review activities of normative legal documents at the Ministry of Public Security

In the absence of other provisions under relevant laws, the head of the unit assigned to prepare and review normative legal documents shall determine the criteria for selecting experts and consulting organizations, ensuring the following basic conditions:

1. The expert must be knowledgeable about the specialized issues related to the content of the project or draft normative legal document and have the opportunity to participate in activities serving the preparation of normative legal documents.

2. The consulting organization is an entity operating in a relevant specialized field, as per the provisions of applicable laws.

Article 6. Preparation, management, utilization, settlement, and final accounting of funds for the preparation of legislative programs for annual drafting of normative legal documents, drafting and review of circulars, joint circulars

1. Budget Preparation

a) Annually, based on the Legislative Program Direction of the National Assembly, the Annual Legislative Program; the legislative program and plan for drafting normative legal documents by the National Assembly, Standing Committee of the National Assembly, Government, Prime Minister, proposals from units under the Ministry of Public Security, Legal Affairs and Reform Bureau, Justice Administration, establish a budget for funds to be submitted to the Planning and Finance Bureau for consolidation and reporting to competent authorities for allocation of funds for tasks and activities in preparing legislative programs.

b) The preparation, management, utilization, and final accounting of state budget funds shall be carried out in accordance with the provisions of Article 2 and Article 7 of Decree No. 289/2025/NĐ-CP, Law on State Budget, Law on Accounting, and relevant implementing regulations and guidelines. Based on the legislative program for normative legal documents at the Ministry of Public Security or a document containing instructions from the leadership of the Ministry of Public Security approving the preparation of circulars, joint circulars, the unit assigned to prepare normative legal documents shall establish a budget for funds required for drafting and issuing circulars, joint circulars (excluding review costs) and submit it to the Planning and Finance Bureau for consolidation and reporting to competent authorities for allocation of funds for tasks and activities in preparing normative legal documents. Based on the legislative program for normative legal documents at the Ministry of Public Security or a document containing instructions from the leadership of the Ministry of Public Security approving the preparation of circulars, joint circulars, the Legal Affairs and Reform Bureau, Justice Administration shall establish a budget for funds required for reviewing circulars, joint circulars, submit it to the Planning and Finance Bureau for consolidation and reporting to competent authorities for allocation of funds for tasks and activities in reviewing circulars, joint circulars.

2. Settlement and final accounting of funds

a) The settlement and final accounting documents for tasks and activities in preparing legislative programs for annual drafting of normative legal documents include: the budget approved by competent authorities; the document from the Legal Affairs and Reform Bureau submitted to the leadership of the Ministry and the legislative program for normative legal documents at the Ministry of Public Security signed and promulgated; the request for payment. The request for payment of funds for preparing legislative programs for annual drafting of normative legal documents includes the following contents: name of the unit in charge of preparing legislative programs, content of the request for payment, person requesting payment, confirmation by the head of the unit. The head of the unit requesting payment shall be responsible before the law for the accuracy of the settlement and final accounting documents.

b) Payment and settlement files for the implementation of circulars and joint circulars shall be as follows: In cases where a circular or joint circular has been signed and promulgated within the fiscal year, the payment and settlement files shall include: the annual program for drafting regulatory documents by the Ministry of Public Security or instructions from the leadership of the Ministry of Public Security allowing the drafting of a circular or joint circular; the budget estimate for the drafting of a circular or joint circular that has been approved by an authorized body; the signed and promulgated circular or joint circular; and the request for payment. In cases where the competent authority decides not to issue a circular or joint circular that has already been drafted, or stops further drafting thereof, or ends the fiscal year without issuing a circular or joint circular, the unit responsible for drafting the circular or joint circular shall be settled and accounted for on a cost-reimbursement basis for each completed task or activity; the payment and settlement files shall include: the annual program for drafting regulatory documents by the Ministry of Public Security or instructions from the leadership of the Ministry of Public Security allowing the drafting of a circular or joint circular; the budget estimate for the drafting of a circular or joint circular that has been approved by an authorized body; products of each task or activity in drafting a circular or joint circular as stipulated in Appendix I attached to this Circular; and the request for payment. The request for payment for the cost of drafting a circular or joint circular shall include: the name of the unit responsible for drafting the circular or joint circular, the content of the payment request, the person requesting payment, and confirmation from the head of the unit. The head of the unit requesting payment is responsible before the law for the accuracy of the payment request file;

c) For the expenses allocated for the review activities of a circular or joint circular, the Department of Legal Affairs and Administrative Reform, Justice shall be responsible for sending files to the unit assigned to settle and account for the expense of reviewing regulatory documents in accordance with the following provisions: In cases where a review document has been issued within the fiscal year, the file shall include: the budget estimate for the review of a circular or joint circular that has been approved by an authorized body; the request for review from the unit responsible for drafting the circular or joint circular; the review document on the draft circular or joint circular and the request for payment. In cases where the fiscal year has ended but the review document has not yet been issued, the unit responsible for reviewing shall be settled and accounted for on a cost-reimbursement basis for each completed task or activity; the payment file shall include: the budget estimate for the review of a circular or joint circular that has been approved by an authorized body; the request for review from the unit responsible for drafting the circular, products of each review task or activity in drafting a circular or joint circular as stipulated in Appendix I attached to this Circular; and the request for payment. The request for payment for the cost of reviewing a circular or joint circular shall include: the name of the unit responsible for reviewing the circular or joint circular, the content of the payment request, the person requesting payment, and confirmation from the head of the unit. The head of the unit requesting payment is responsible before the law for the accuracy of the payment request file;

d) The units assigned to settle and account for expenses shall be responsible for settling expenses for the units specified in points a, b, c of this clause according to each product of the task or activity and the standards stipulated in Decree 289/2025/NĐ-CP and this Circular;

d) When settling and accounting for expenses, units shall not be required to provide additional documents other than those specified in this clause.

Article 7. Implementation Provisions

1. This Circular shall take effect from April 10, 2026.

2. The budget estimates for the circulars, joint circulars, legal document review documents, and programs for drafting normative legal documents signed and issued from January 1, 2026, shall be supplemented, paid, settled, and liquidated according to the expenditure allocation standards specified in this Circular.

3. The head of the unit entrusted with the task shall be responsible for compiling the annual program for drafting normative legal documents, preparing, reviewing circulars, and joint circulars based on the importance and complexity of the tasks and activities already carried out, to determine specific expenditure content and expenditure standards, and submit settlement and liquidation files in accordance with the provisions of Clause 2, Article 6 of this Circular.

4. Relevant agencies, units, organizations, and individuals involved in preparing budget estimates, managing, utilizing, and settling funds for the national budget for tasks and activities related to drafting policy documents and normative legal documents prepared by the Ministry of Public Security shall be responsible for implementing this Circular.

5. The Planning and Finance Bureau is responsible for compiling, reporting to competent authorities the budget estimates, allocation schemes, and budget transfer plans for the annual program for drafting normative legal documents, preparation, and review of normative legal documents; guiding settlement and liquidation procedures for funds used in drafting normative legal documents according to the provisions of Circular No. 289/2025/NĐ-CP, this Circular, and relevant laws.

>

In the course of implementation, if any difficulties arise, units shall report to the Ministry of Public Security (through the Legal Affairs and Administrative Reform Bureau, Justice) for research and timely guidance./.