Circular No. 42/2022/TT-BTC Amending and supplementing certain Articles of Circular No. 338/2016/TT-BTC dated December 28, 2016, issued by the Minister of Finance, on the preparation of budget estimates, management, use, and settlement of state budget funds to ensure the work of drafting normative legal documents and perfecting the legal system.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 338/2016/TT-BTC dated December 28, 2016 issued by the Minister of Finance on the preparation of budget estimates, management, use, and settlement of state budget funds to ensure work related to drafting normative legal documents and perfecting the legal system

December 2016 of the Minister of Finance on the preparation of budget estimates, management and utilization and settlement of state budget funds to ensure

limited, the work of drafting regulatory legal documents

and perfecting the legal system1. The Legal Affairs Department shall be the focal point, coordinating with relevant units to advise and assist the Minister in monitoring the implementation of legal normative documents within the scope of the Ministry of Industry and Trade's management; drafting and submitting to the Minister for issuance a plan to monitor the implementation of legal normative documents of the Ministry of Industry and Trade within fifteen days from the date the Prime Minister issues the central and inter-sectoral plan, to be sent to the Ministry of Justice for monitoring and consolidation; preparing annual reports on the organization of legal implementation to be submitted to the Minister for consolidation by the Ministry of Justice.

和完善法律体系

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures for implementing the Law on Enacting Normative Legal Documents; Decree No. 154/2020/NĐ-CP dated December 31, 2020 of the Government amending and supplementing certain provisions of Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing some articles and measures for implementing the Law on Enacting Normative Legal Documents;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Administrative and Public Financial Affairs Department,

The Minister of Finance hereby issues this Circular amending and supplementing certain provisions of Circular No. 338/2016/TT-BTC dated December 28, 2016 of the Minister of Finance on the preparation of budget estimates, management, use, and settlement of state budget funds to ensure work related to drafting normative legal documents and perfecting the legal system.

Article 1. Amending and supplementing certain provisions of Circular No. 338/2016/TT-BTC dated December 28, 2016 of the Minister of Finance on the preparation of budget estimates, management, use, and settlement of state budget funds to ensure work related to drafting normative legal documents and perfecting the legal system

1. Amending and supplementing Point b and Point g Clause 1 of Article 1 as follows:

a) Amend and supplement Point b as follows:

"b) Ordinances and resolutions of the Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Central Steering Committee of the Vietnam Fatherland Front; joint resolutions between the Standing Committee of the National Assembly, the Government, and the Central Steering Committee of the Vietnam Fatherland Front."

b) Amending and supplementing Point g as follows:

"g) Circulars of the President of the Supreme People's Court; circulars of the Procurator General of the Supreme People's Procuracy; circulars of Ministers and Heads of ministerial-level agencies; decisions of the State Auditor General; joint circulars between the President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the State Auditor General, and Ministers and Heads of ministerial-level agencies."

2. Amending and supplementing Article 3 as follows:

"Article 3. Contents of expenditures for activities related to drafting normative legal documents and perfecting the legal system

Based on the nature of each activity related to drafting normative legal documents and perfecting the legal system provided with state budget funds as stipulated in Clause 1 of Article 2 of this Circular, the agency or unit assigned the main responsibility for implementing the expenditure shall carry out the following contents:

1. Summarizing the implementation of current laws, assessing the current social relations; collecting and reviewing relevant normative legal documents.

2. Investigating, surveying, and assessing the current social relations related to serving the process of proposing to draft normative legal documents and planning the program for drafting normative legal documents.

3. Translating and proofreading foreign language materials and documents, translating and proofreading minority ethnic language materials and documents into Vietnamese; translating and proofreading Vietnamese language materials and documents into foreign languages and minority ethnic languages.

4. Proposing to draft normative legal documents; proposing the Government's program for drafting laws and ordinances.

5. Organizing the drafting of normative legal documents.

6. Assessing the impact of policies in proposals to draft normative legal documents; assessing the impact of policies in projects and draft normative legal documents; preparing reports on integrating gender equality issues (if there are relevant provisions on gender equality issues); preparing procedural administrative assessment documents (if there are procedural administrative provisions).

7. Organizing advisory review boards, review boards, and scrutiny boards; soliciting opinions from experts and scientists (if necessary).

8. Preparing review, scrutiny, explanatory, and response reports; opinion documents.

9. Drafting, finalizing various types of outlines, memorandums, reports, and draft documents.

10. Expenditures for purchasing office supplies, printing, and photocopying materials directly serving the work of drafting normative legal documents and perfecting the legal system."

3. Amend and supplement Article 4 as follows:

"Article 4. Standards for expenditure on contents in activities to draft normative legal documents and improve the legal system

The standards for expenditure have specific characteristics and are guaranteed from the state budget for certain contents in activities to draft normative legal documents and improve the legal system, which are specified as follows:

1. Expenditure for drafting detailed outlines of draft documents:

a) For laws and ordinances:

- Law and ordinance projects newly issued or replacing existing ones: expenditure standard is 6,700,000 VND per outline;

- Law and ordinance projects amending or supplementing certain articles: expenditure standard is 5,700,000 VND per outline.

b) For resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, joint resolutions, decrees of the Government:

- New or replacement documents: expenditure standard is 4,500,000 VND per outline;

- Documents amending or supplementing certain articles: expenditure standard is 3,500,000 VND per outline.

c) For decisions of the Prime Minister:

- New or replacement documents: expenditure standard is 3,500,000 VND per outline;

- Documents amending or supplementing certain articles: expenditure standard is 2,200,000 VND per outline.

d) For joint circulars between the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, Ministers, Heads of ministerial-level agencies:

- New or replacement documents: expenditure standard is 2,200,000 VND per outline;

- Documents amending or supplementing certain articles: expenditure standard is 1,500,000 VND per outline.

đ) For circulars of Ministers, Heads of ministerial-level agencies; resolutions of the Supreme People's Court Plenum; circulars of the Chief Justice of the Supreme People's Court; circulars of the Prosecutor General of the Supreme People's Procuracy; decisions of the State Auditor General; resolutions of People's Councils; decisions of People's Committees; normative legal documents of local authorities in special administrative-economic units:

- New or replacement documents: expenditure standard is 1,500,000 VND per outline;

- Documents amending or supplementing certain articles: expenditure standard is 1,200,000 VND per outline.

e) For resolutions of People's Councils, decisions of People's Committees, normative legal documents of local authorities in special administrative-economic units:

- New or replacement documents: expenditure standard is 1,500,000 VND per outline;

- Documents amending or supplementing certain articles: expenditure standard is 950,000 VND per outline.

2. Expenditure for drafting documents:

a) For laws and ordinances:

- Law and ordinance projects newly issued or replacing existing ones: expenditure standard is 18,000,000 VND per draft document;

- Law and ordinance projects amending or supplementing certain articles: expenditure standard is 11,000,000 VND per draft document.

b) For resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, joint resolutions, decrees of the Government:

- New or replacement documents: expenditure standard is 11,000,000 VND per draft document;

- Documents amending or supplementing certain articles: expenditure standard is 6,500,000 VND per draft document.

c) For decisions of the Prime Minister:

- New or replacement documents: expenditure standard is 9,000,000 VND per draft document;

- Documents amending or supplementing certain articles: expenditure standard is 6,000,000 VND per draft document.

d) For joint circulars between the Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the State Auditor General, Ministers, Heads of ministerial-level agencies:

- New or replacement documents: expenditure standard is 6,000,000 VND per draft document;

- Documents amending or supplementing certain articles: expenditure standard is 5,000,000 VND per draft document.

đ) For circulars of Ministers, Heads of ministerial-level agencies; resolutions of the Supreme People's Court Plenum; circulars of the Chief Justice of the Supreme People's Court, circulars of the Prosecutor General of the Supreme People's Procuracy; decisions of the State Auditor General; resolutions of People's Councils; decisions of People's Committees; normative legal documents of local authorities in special administrative-economic units:

- New or replacement documents: expenditure standard is 4,800,000 VND per draft document;

- Documents amending or supplementing certain articles: expenditure standard is 4,000,000 VND per draft document.

3. Expenditure for drafting reports serving the work of drafting normative legal documents and improving the legal system:

a) Proposals for drafting normative legal documents:

- For laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly: expenditure standard is 10,000,000 VND per proposal;

- For decrees of the Government: expenditure standard is 6,000,000 VND per proposal;

- For provincial-level People's Council resolutions: expenditure standard is 3,000,000 VND per proposal.

b) Summary reports, explanatory reports, reports on incorporating opinions:

- For proposals to draft laws, ordinances, resolutions; projects, draft laws, ordinances, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly newly issued or replacing existing ones: expenditure standard is 2,000,000 VND per summary report, explanatory report, report on incorporating opinions;

- For proposals to draft laws, ordinances, resolutions; projects, draft laws, ordinances, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly amending or supplementing certain articles: expenditure standard is 1,500,000 VND per summary report, explanatory report, report on incorporating opinions;

- For proposals to draft resolutions of People's Councils; draft resolutions of People's Councils, decisions of People's Committees, normative legal documents of local authorities in special administrative-economic units: expenditure standard is 900,000 VND per summary report, explanatory report, report on incorporating opinions for new or replacement documents; 600,000 VND per summary report, explanatory report, report on incorporating opinions for documents amending or supplementing certain articles;

- For draft documents remaining: expenditure standard is 1,200,000 VND per summary report, explanatory report, report on incorporating opinions.

c) Reports on observations and evaluations by critics, members of review boards, discussion reports:

- For proposals to draft laws, ordinances, resolutions; projects, draft laws, ordinances, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly newly issued or replacing existing ones: expenditure standard is 2,000,000 VND per report;

- For proposals to draft laws, ordinances, resolutions; draft projects, draft laws, ordinances, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly amending or supplementing certain articles: expenditure standard is 1,500,000 VND per report;

- For proposals to draft resolutions of People's Councils; draft resolutions newly issued or replacing existing ones of People's Councils, decisions newly issued or replacing existing ones of People's Committees, normative legal documents of local authorities in special administrative-economic units: expenditure standard is 500,000 VND per report; for documents amending or supplementing certain articles: expenditure standard is 300,000 VND per report;

- For draft documents remaining: expenditure standard is 1,200,000 VND per report.

d) Impact assessment reports of policies:

- For laws, ordinances: expenditure level 20,000,000 VND/report.

- For resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly: expenditure level 16,000,000 VND/report.

- For decrees of the Government: expenditure level 12,000,000 VND/report.

- For other documents: expenditure level 8,000,000 VND/report.

- Report on impact assessment for new policies as required by the Standing Committee of the National Assembly: expenditure level 10,000,000 VND/report.

d) Report on integrating gender equality issues in projects, draft projects (if the project, draft project contains provisions related to gender equality issues).

- For laws, ordinances, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly: expenditure level 5,000,000 VND/report.

- For decrees of the Government, decisions of the Prime Minister, circulars, joint circulars, decisions of the State Auditor General: expenditure level 4,000,000 VND/report.

- For other documents: expenditure level 2,000,000 VND/report.

e) Administrative procedure review in projects, draft documents (if the project, draft document contains administrative procedures).

- For laws, ordinances, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly: expenditure level 5,000,000 VND/administrative procedure review.

- For decrees of the Government, decisions of the Prime Minister, circulars, joint circulars, decisions of the State Auditor General: expenditure level 4,000,000 VND/administrative procedure review.

- For other documents: expenditure level 2,000,000 VND/administrative procedure review.

g) Report on the implementation of laws or evaluation of social relations related to proposals for drafting regulatory documents, projects, draft regulatory documents:

- For laws, ordinances: expenditure fee 9,000,000 VND/report;

- For resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, joint resolutions: expenditure level 7,500,000 VND/report;

- For decrees of the Government, decisions of the Prime Minister: expenditure level 6,000,000 VND/report;

- For other documents: expenditure level 4,000,000 VND/report.

h) Report on foreign experience related to proposals for drafting regulatory documents, projects, draft regulatory documents:

- For laws, ordinances: expenditure level 9,000,000 VND/report;

- For resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, joint resolutions: expenditure level 7,500,000 VND/report;

- For decrees of the Government: expenditure level 6,000,000 VND/report;

- For other documents: expenditure level 3,000,000 VND/report.

i) Report on monitoring the implementation of laws:

- Comprehensive report on monitoring the implementation of laws submitted to the Government by the Ministry of Justice as the main organizer: expenditure level 18,000,000 VND/report;

- Annual report on monitoring the implementation of laws of ministries and sectors: expenditure level 12,000,000 VND/report;

- Comprehensive report on monitoring the implementation of laws of provincial People's Committees sent to the Ministry of Justice: expenditure level 6,800,000 VND/report;

- Report on monitoring the implementation of laws from district People's Committees to provincial People's Committees: expenditure level 5,000,000 VND/report;

- Report on monitoring the implementation of laws from commune People's Committees to district People's Committees: expenditure level 1,800,000 VND/report;

- Report on monitoring the implementation of laws by topic, ad hoc report on monitoring the implementation of laws: expenditure level 10,000,000 VND/report;

- Report on the handling of requests for amending, supplementing, and promulgating new regulatory documents: expenditure level 5,000,000 VND/report.

k) Report on reviewing regulatory documents related to projects,

- For law projects, ordinance projects: expenditure level 9,000,000 VND/report;

- For draft resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly: expenditure level 7,500,000 VND/report;

- For draft decrees: expenditure level 6,000,000 VND/report.

4. Drafting comments, reports on examination, verification of documents by examining and verifying agencies:

a) Comment documents:

- For proposals to draft laws, ordinances, resolutions; law projects, ordinance projects, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly issued anew or replaced: expenditure level 1,500,000 VND/document;

- For proposals to amend and supplement laws, ordinances, resolutions; law projects, ordinance projects, resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly: expenditure level 1,000,000 VND/document;

- For proposals to draft resolutions of People's Councils; draft resolutions of People's Councils, decisions of People's Committees, regulatory documents of local authorities in special administrative-economic units: expenditure level 350,000 VND/document;

- For other documents: expenditure level 750,000 VND/document.

b) Examination reports, verification reports:

- For proposals to draft laws, ordinances: expenditure level 2,000,000 VND/report;

- For proposals to draft resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, decrees of the Government: expenditure level 1,500,000 VND/report;

- For proposals to draft resolutions of provincial People's Councils: expenditure level 750,000 VND/report;

- For law projects, ordinance projects: expenditure level 2,500,000 VND/report;

- For draft resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, joint resolutions, decrees of the Government: expenditure level 2,000,000 VND/report;

- For draft decisions of the Prime Minister, joint circulars: expenditure level 1,500,000 VND/report;

- For draft circulars, decisions of the State Auditor General, resolutions of People's Councils, decisions of People's Committees, regulatory documents of local authorities in special administrative-economic units: expenditure level 750,000 VND/report.

5. Finalizing research outlines, various types of reports, presentations of documents, draft documents: expenditure level 900,000 VND/per revision; specifically, for documents of People's Councils, People's Committees: expenditure level 300,000 VND/per revision.

6. Only for individuals participating in meetings, seminars, roundtables, conferences, and press conferences:

a) Participate in meetings, seminars, roundtables, conferences serving the work of drafting proposed programs, preparing drafts, assessing impacts, soliciting opinions, reviewing, and verifying legal documents; conducting surveys and investigations; monitoring and evaluating the implementation of laws:

- Chairperson: expenditure level of 150,000 VND/person/meeting;

- Participants: expenditure level of 100,000 VND/person/meeting;

- Written discussion papers submitted by participants: expenditure level of 1,000,000 VND/paper; for papers submitted by People's Councils and People's Committees, the expenditure level is 400,000 VND/paper.

b) Attend press conferences announcing laws, ordinances, and other regulatory legal documents that have been signed and issued by competent authorities:

- Chairperson of the conference: expenditure level of 150,000 VND/person/conference;

- Participants: expenditure level of 70,000 VND/person/conference.

7. Expenditure for hiring translation and proofreading services for translated documents

a) Translation from foreign languages into Vietnamese: expenditure level of 150,000 VND/page (350 words/page of translated document);

b) Translation from Vietnamese into foreign languages: expenditure level of 180,000 VND/page (350 words/page of translated document);

c) Translation from Vietnamese into ethnic minority languages: expenditure level of 150,000 VND/page (350 words/page of translated document);

d) Proofreading of translated documents: expenditure level of 60,000 VND/page (350 words/page of translated document);

đ) For certain less common languages, the translation fee may be increased by 30% compared to the levels specified in points a, b, and c of this clause.

8. Only take independent expert consultancy opinions:

In cases where the construction of regulatory legal documents; proposals for drafting regulatory legal documents; reports on draft regulatory legal documents and specialized reports in complex fields require the solicitation of independent expert consultancy and critical opinions, the expenditure level is 1,500,000 VND/document.

9. In addition to implementing the expenditure levels for the contents stipulated from Clause 1 to Clause 8 of this Article, expenditures for other contents shall be implemented and applied according to current financial expenditure regulations, including:

a) For travel expenses for domestic trips by officials; expenditures for organizing meetings, conferences, roundtables, mid-term reviews, and final evaluations shall be carried out in accordance with Circular No. 40/2017/TT-BTC dated April 28, 2017, issued by the Minister of Finance, regarding travel expense regulations and meeting organization expenditure regulations;

b) For expenditures for organizing overseas survey delegations: carried out in accordance with Circular No. 102/2012/TT-BTC dated June 21, 2012, issued by the Minister of Finance, regarding travel expense regulations for state officials and civil servants going on short-term overseas trips funded by the state budget;

c) For organizing surveys, statistical investigations, and sociological surveys shall be carried out in accordance with Circular No. 58/2011/TT-BTC dated May 11, 2011, issued by the Minister of Finance, regarding management, use, and settlement of funds for statistical investigations;

d) For expenditures on establishing information databases to serve the work of drafting regulatory legal documents and perfecting the legal system using regular budget funds in accordance with Decree No. 73/2019/NĐ-CP dated September 5, 2019, issued by the Government, regarding management of investment in applying information technology using state budget funds and related amendments and supplements; economic and technical norms in the field of information and communication and related guiding documents.

đ) Expenditures for reviewing and systematizing legal documents directly serving the work of drafting legal documents and perfecting the legal system shall be carried out in accordance with Joint Circular No. 122/2011/TTLT-BTC-BTP dated August 17, 2011, issued by the Ministry of Finance and the Ministry of Justice, regarding the preparation of budgets, management, use, and settlement of funds to ensure the work of inspecting, handling, reviewing, and systematizing regulatory legal documents.

e) For draft documents containing provisions on standards and technical regulations, they shall be carried out in accordance with Circular No. 27/2020/TT-BTC dated April 17, 2020, issued by the Minister of Finance, guiding the management and use of funds for the development of national standards and technical regulations.

g) Expenditures for purchasing office supplies, printing, and copying documents directly serving the work of drafting regulatory legal documents and perfecting the legal system shall be based on legitimate invoices and receipts within the allocated budget."

4. Amending and supplementing Article 5 as follows:

"Article 5. Standards for allocating funds to ensure work on drafting normative legal documents and perfecting the legal system

1. The standards for allocating funds to ensure work on drafting normative legal documents and perfecting the legal system shall be implemented based on the activities, items of expenditure, and levels of expenditure specified in Articles 3 and 4 of this Circular and shall be carried out as follows:

a) For the Government's proposal on the annual legislative program: up to VND 200 million/proposal;

b) For projects of laws, ordinances, resolutions of the National Assembly, resolutions of the Standing Committee of the National Assembly, the standards for allocating funds for the leading agencies drafting such documents shall be carried out as follows:

- For new Codes enacted or replacing existing ones: up to VND 4,000 million/project.

- For Codes amended and supplemented with some articles: up to VND 3,200 million/project.

- For new laws enacted or replacing existing ones: up to VND 2,000 million/project.

- For laws amended and supplemented with some articles: up to VND 1,200 million/project.

- For new ordinances enacted or replacing existing ones: up to VND 1,000 million/project.

- For ordinances amended and supplemented with some articles: up to VND 600 million/project.

- For draft resolutions of the National Assembly newly enacted or replacing existing ones: up to VND 1,000 million/draft.

- For draft resolutions of the National Assembly amended and supplemented with some articles: up to VND 600 million/draft.

- For draft joint resolutions of the Standing Committee of the National Assembly newly enacted or replacing existing ones: up to VND 800 million/draft.

- For draft joint resolutions of the Standing Committee of the National Assembly amended and supplemented with some articles: up to VND 500 million/draft.

- The standard for allocating funds for drafting a document amending and supplementing multiple documents shall not exceed 120% of the standard for allocating funds for a normative legal document amended and supplemented with some articles as stipulated in point b Clause 1 of this Article.

c) For draft Decrees of the Government, the standard for allocating funds shall be VND 90 million/draft Decree newly enacted or replacing existing ones, or a Decree amended and supplemented with some articles having a wide scope of regulation, involving many sectors and fields, requiring meetings to gather opinions from many subjects and multiple times, or a Decree amending and supplementing multiple Decrees; or a Decree detailing and guiding the implementation of a Law with many detailed provisions belonging to at least two ministries or ministerial-level agencies; VND 60 million/draft Decree amended and supplemented with some articles having less complex content.

d) For draft Decisions of the Prime Minister, joint resolutions between the Government and the Central Steering Committee of the Vietnam Fatherland Front, the standard for allocating funds shall be VND 75 million/draft document newly enacted or replacing existing ones, or a document amended and supplemented with some articles having a wide scope of regulation, involving many sectors and fields, or requiring meetings to gather opinions multiple times, or a Decision amending and supplementing multiple Decisions; VND 45 million/draft document amended and supplemented with some articles having less complex content.

đ) For draft resolutions of the Supreme People's Court Council, circulars, joint circulars, decisions of the State Auditor General, the standard for allocating funds shall be VND 45 million/draft document newly enacted or replacing existing ones, or a document amended and supplemented with some articles having a wide scope of regulation, involving many sectors and fields, or requiring meetings to gather opinions multiple times, or a document amending and supplementing, replacing multiple documents; VND 23 million/draft document amended and supplemented with some articles having less complex content.

e) For draft resolutions of the People's Councils, decisions of the People's Committees, normative legal documents of local authorities in special administrative-economic units newly enacted or replacing existing ones:

- For draft resolutions of the People's Councils:

+ Provincial level: VND 30 million/draft;

+ District level: VND 15 million/draft;

+ Commune level: VND 10 million/draft.

- For draft decisions of the People's Committees:

+ Provincial level: VND 20 million/draft;

+ District level: VND 10 million/draft;

+ Commune level: VND 8 million/draft.

- For normative legal documents of local authorities in special administrative-economic units: VND 15 million/document.

- For documents amended and supplemented with some articles: The standard for allocating funds shall not exceed 80% of the standard for allocating funds for documents newly enacted or replacing existing ones.

2. Funds for activities of reviewing and examining proposals for drafting normative legal documents, projects, and draft normative legal documents (including funds for meetings, comments, reports, and other related tasks in the review process).

a) Funds for reviewing and examining proposals for drafting normative legal documents:

- For proposals for drafting new or replacing laws and ordinances: up to VND 22 million; for proposals for drafting laws and ordinances amended and supplemented with some articles: up to VND 15 million;

- For proposals for drafting new or replacing resolutions of the National Assembly and the Standing Committee of the National Assembly: up to VND 15 million; for proposals for drafting resolutions of the National Assembly and the Standing Committee of the National Assembly amended and supplemented with some articles: up to VND 11 million;

- For proposals for drafting new or replacing Decrees: up to VND 11 million; for proposals for drafting Decrees amended and supplemented with some articles: up to VND 7.5 million;

- For proposals for drafting provincial-level People's Council resolutions: up to VND 3.7 million.

b) Funds for reviewing and examining projects and draft normative legal documents:

- For new or replacing laws and ordinances: up to VND 22 million; for laws and ordinances amended and supplemented with some articles: up to VND 15 million;

- For new or replacing draft resolutions and joint resolutions: up to VND 15 million; for draft resolutions and joint resolutions amended and supplemented with some articles: up to VND 11 million;

- For new or replacing Decrees: up to VND 11 million; for draft Decrees amended and supplemented with some articles: up to VND 7.5 million;

- For new or replacing draft Decisions of the Prime Minister: up to VND 6 million; for draft Decisions of the Prime Minister amended and supplemented with some articles: up to VND 4 million;

- For draft resolutions of the People's Council at the provincial level newly issued: maximum two million dong; for draft resolutions of the People's Council at the provincial level amended or supplemented: maximum one million five hundred thousand dong

- For draft decisions of the People's Committee at the provincial level newly issued: maximum two million dong; for draft decisions of the People's Committee at the provincial level amended or supplemented: maximum one million five hundred thousand dong

- For other regulatory legal documents: The head of the agency primarily responsible for drafting shall decide the budget for the review process within the specific allocation limit for each type of regulatory legal document.

3. In addition to the budget allocation limits prescribed in Clause 1 and Clause 2 of this Article, based on the availability of funds, in necessary cases, the heads of agencies or units primarily responsible may arrange from their regular budget to support related activities during the process of drafting regulatory legal documents and perfecting the legal system.

5. Amend and supplement Clause 2 of Article 6 as follows:

"2. The payment and settlement of funds ensuring the work of drafting regulatory legal documents and perfecting the legal system shall be carried out in accordance with the provisions of the State Budget Law, the Accounting Law, and guiding documents.

a) For funds ensuring the work of drafting regulatory legal documents, it shall be implemented on a product-based basis, the payment vouchers include:

- Decision or document approving the program or plan for drafting regulatory legal documents by the competent authority (if applicable);

- Proposal for issuing regulatory legal documents submitted to the competent authority;

- Regulatory legal document issued by the competent authority.

b) For funds for the work of reviewing proposals for drafting regulatory legal documents, projects, and draft regulatory legal documents, it shall be implemented on a product-based basis, the payment vouchers include:

- Document requesting review;

- Document assigning the review or approval opinion of the authorized person (if applicable);

- Decision establishing the review board or advisory review board (if applicable);

- Review report.

In case the competent authority decides not to issue the completed regulatory legal document or stops its drafting, the agency or unit primarily responsible for drafting the document is permitted to settle the corresponding portion of the funds already expended according to the provisions on expenditure items and amounts stipulated in this Circular based on lawful expenditure vouchers as prescribed by law.

Article 2. Transitional Provisions

For the budget for drafting regulatory legal documents and perfecting the legal system in 2022, ministries, ministerial-level agencies, and localities shall allocate and arrange within the state budget expenditure plan for 2022 already assigned by the competent authority to implement.

Article 3. Implementation Provisions

1. This Circular takes effect from September 1, 2022.

2. Non-salary expenses of cadres, civil servants, and public officials funded from the state budget as specified in this Circular and referenced documents for application in this Circular shall be implemented until the salary reform is carried out according to Resolution No. 27-NQ/TW dated May 21, 2018 of the Seventh Plenary Session of the 12th Central Committee on salary policy reform for cadres, civil servants, public officials, armed forces, and workers in enterprises.

3. During implementation, if the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to those amended, supplemented, or replaced documents.

4. In case of difficulties or obstacles, units and localities are requested to reflect them to the Ministry of Finance for research and appropriate amendments and supplements.