Joint Circular No. 92/2014/TTLT-BTC-BTP-VPCP guiding the preparation of budget estimates, management, use, and settlement of state budget funds to ensure the work of drafting normative legal documents and improving the legal system.

JOINT CIRCULAR

Guidelines for preparing budgets, managing, using, and finalizing expenditures for the supervision and education of individuals under 18 years old who commit crimes exempt from criminal responsibility

state budget funds to ensure work related to drafting normative legal documents and improving the legal system

laws and perfecting the legal system

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;

On the basis of Decree No. 59/2012/NĐ-CP dated July 23, 2012 of the Government on monitoring the implementation of laws;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 74/2012/NĐ-CP dated September 29, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Office;

The Minister of Finance, the Minister of Justice, the Chairman of the Government Office issue Circulars to guide the preparation budget estimates, management, use, and settlement of state budget funds to ensure work on drafting normative legal documents 和完善法律体系.

Article 1. Scope of Regulation

This Circular guides the preparation of budget estimates, management, use, and settlement of state budget funds to ensure work on drafting normative legal documents (hereinafter referred to as documents) and perfecting the legal system of agencies and units, including the following documents:

1. Laws, resolutions of the National Assembly.

2. Ordinances, resolutions of the Standing Committee of the National Assembly.

3. Orders, decisions of the President.

4. Decrees of the Government.

5. Decisions of the Prime Minister.

6. Resolutions of the Supreme People's Court Council of Judges; Circulars of the Chief Justice of the Supreme People's Court.

7. Circulars of the Chief Prosecutor of the Supreme People's Procuracy.

8. Circulars of Ministers, Heads of ministerial-level agencies.

9. Decisions of the State Auditor General.

10. Joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations.

11. Joint Circulars between the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy; between Ministers, Heads of ministerial-level agencies and the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy; between Ministers, Heads of ministerial-level agencies.

12. Other normative legal documents as prescribed by the Law on Enacting Normative Legal Documents (excluding normative legal documents of People's Councils and People's Committees).

Article 2. Principles for preparing budget estimates, managing, using, and settling accounts for funding

1. Funding to ensure work on drafting documents and perfecting the legal system is provided from the state budget, consolidated into the regular budget estimate of the agency or unit. In addition to this funding source, the state budget allocates a portion of funds to support the drafting of law projects and ordinances, including the law and ordinance construction programs announced and allocated to the leading agencies responsible for drafting, reviewing, and examining law and ordinance projects.

2. The preparation of budget estimates, management, use, and settlement of accounts for funding to ensure work on drafting documents and perfecting the legal system must be carried out in accordance with the State Budget Law, detailed regulations and guidance on implementing the State Budget Law, and this Circular.

3. The allocation of funding to ensure work on drafting documents and perfecting the legal system at agencies and units shall be implemented according to formal programs and plans and supplementary programs and plans within the year, ensuring consistency with the progress of tasks and within the scope of the budget estimate already assigned. In cases where documents must be issued urgently and are not included in the annual legislative program of the National Assembly and the Government, or where documents are included in the program but are transferred to the next year or temporarily suspended, the leading agencies responsible for drafting must promptly notify the Ministry of Finance, the National Assembly Office, the Government Office, and the Ministry of Justice to aggregate, supplement, and adjust funding accordingly.

4. The use of funding to ensure work on drafting documents and perfecting the legal system must comply with the purpose, content, expenditure regime, and expenditure standards as prescribed by laws on financial expenditure regimes and stipulated in this Circular.

5. Based on the assigned state budget estimate, the complexity of the documents expected to be drafted, and the activities expected to be conducted for perfecting the legal system, the head of the agency or unit entrusted with the main responsibility decides to allocate specific funding quotas appropriately.

Article 3. Activities and the content of expenditures for drafting documents and perfecting the legal system

1. Activities for drafting documents and perfecting the legal system that are funded by the state budget include:

a) Research and proposal for drafting documents;

b) Proposal for the program to draft laws and ordinances; planning the program to draft decrees of the Government; programs to draft documents of ministries, sectors, and organizations assigned to implement;

c) Investigation, survey, and research, evaluation, and summary of practical experiences during the process of proposing, drafting documents, and enforcing laws;

d) Drafting documents;

đ) Impact assessment of documents;

e) Organizing public opinion on draft projects and draft documents; opinions of those directly affected by draft projects and draft documents;

g) Reviewing and commenting on draft projects and draft documents;

h) Review by the Government Office on draft projects and draft documents;

i) Reviewing and systematizing documents directly serving the work of drafting documents and perfecting the legal system;

k) Publishing documents;

l) Translating documents into foreign languages and ethnic minority languages;

m) Post-enforcement impact assessment of documents;

n) Monitoring and evaluating the enforcement of laws.

2. Based on the nature and complexity of each activity for drafting documents and perfecting the legal system as specified in Clause 1 of this Article, the agencies and units entrusted with the main responsibility for implementing these activities shall allocate expenditures for the following contents:

a) Collecting, reviewing, and evaluating documents;

b) Translating and proofreading foreign language and ethnic minority language documents into Vietnamese and vice versa;

c) Organizing theoretical research and evaluating and summarizing practical experiences related to the process of drafting documents and perfecting the legal system;

d) Investigating and surveying issues related to the drafting of documents, proposing and planning document programs, assessing the impact of documents, and drafting documents;

đ) Organizing meetings, seminars, roundtable discussions, and conferences directly serving the activities of drafting documents and perfecting the legal system;

e) Expenses for drafting outlines, explanatory notes, submission papers; research reports, theoretical studies, evaluations, summaries of practical implementation; impact assessment reports on draft documents; proposals to establish documents; proposed programs and draft documents for establishing documents.

g) Payment of remuneration to those participating in research and advisory activities during the process of establishing documents and perfecting the legal system.

h) Expenses for providing comments and advice on proposals to establish documents; proposed programs for establishing documents; comments, reviews, and verifications of draft projects and documents.

i) Organizing the introduction of draft document contents, soliciting opinions from the public and directly affected entities.

k) Proofreading and finalizing outlines, explanatory notes, submission papers; various types of reports; proposals to establish documents; proposed programs and draft documents for establishing documents.

l) Expenses for publishing laws, ordinances, and other documents that have been signed and issued by competent authorities.

Organizing post-enforcement impact assessments of documents.

Organizing monitoring of the implementation of laws.

Printing, photocopying, purchasing materials, and other necessary expenses directly serving the activities of establishing documents and perfecting the legal system.

Article 4. Budget Standards for Activities in Establishing Documents and Perfecting the Legal System

The budget standards with specific characteristics, guaranteed from the state budget for certain contents in the activities of establishing documents and perfecting the legal system are specified as follows:

1. Expenses for Drafting Detailed Outlines of Draft Documents

a) For laws and ordinances:

New or replacement law, ordinance projects: maximum expense of VND 4,500,000 per outline;

Law, ordinance amendment projects involving some articles: maximum expense of VND 3,800,000 per outline.

b) For joint resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly, decrees of the Government, joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations:

New or replacement document drafting: maximum expense of VND 3,000,000 per outline;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 2,300,000 per outline.

c) For decisions of the Prime Minister:

New or replacement document drafting: maximum expense of VND 2,300,000 per outline;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 1,500,000 per outline.

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

New or replacement document drafting: maximum expense of VND 1,500,000 per outline;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 1,000,000 per outline.

đ) For circulars of Ministers, Heads of ministerial-level agencies; resolutions of the Supreme People's Court Council; 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:

New or replacement document drafting: maximum expense of VND 1,000,000 per outline;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 800,000 per outline.

2. Drafting of documents

a) For laws and ordinances:

New or replacement law, ordinance projects: maximum expense of VND 12,000,000 per draft document;

Amendment and supplementation law, ordinance projects involving some articles: maximum expense of VND 7,500,000 per draft document.

b) For joint resolutions of the National Assembly, joint resolutions of the Standing Committee of the National Assembly, decrees of the Government, joint resolutions between the Standing Committee of the National Assembly or between the Government and central agencies of political-social organizations:

New or replacement document drafting: maximum expense of VND 7,500,000 per draft document;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 4,500,000 per draft document.

c) For decisions of the Prime Minister:

New or replacement document drafting: maximum expense of VND 6,000,000 per draft document;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 3,000,000 per draft document.

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

New or replacement document drafting: maximum expense of VND 4,000,000 per draft document;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 2,000,000 per draft document.

đ) For circulars of Ministers, Heads of ministerial-level agencies; resolutions of the Supreme People's Court Council; 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:

New or replacement document drafting: maximum expense of VND 3,000,000 per draft document;

Amendment and supplementation document drafting involving some articles: maximum expense of VND 2,000,000 per draft document.

3. Expenses for Drafting Reports Serving the Work of Establishing Documents and Perfecting the Legal System

a) Summary reports; explanation and response reports, opinion contribution review reports: maximum expense of VND 1,500,000 per report.

b) Report on comments and evaluations by critics, members of the review council, discussion reports according to orders from the drafting agency:

For new or replacement law, ordinance projects: maximum expense of VND 1,500,000 per report;

For amendment and supplementation law, ordinance projects involving some articles: maximum expense of VND 1,000,000 per report;

For other documents: maximum expense of VND 800,000 per report.

c) Impact Assessment Reports on Documents:

Preliminary impact assessment reports: maximum expense of VND 4,000,000 per report;

Simple impact assessment reports: maximum expense of VND 5,000,000 per report;

Comprehensive impact assessment reports: maximum expense of VND 6,000,000 per report.

d) Report on monitoring the implementation of laws:

Summary reports on the monitoring of the implementation of laws submitted to the Government by the Ministry of Justice: maximum expense of VND 12,000,000 per report;

Annual monitoring reports on the implementation of laws by Ministries and sectors: maximum expense of VND 8,000,000 per report;

Special topic monitoring reports on the implementation of laws: maximum expense of VND 5,000,000 per report;

Ad hoc monitoring reports on the implementation of laws: maximum expense of VND 3,000,000 per report.

4. Drafting Comment and Review Reports on Documents

a) Comment documents:

For new or replacement law, ordinance projects: maximum expense of VND 1,000,000 per document;

For amendment and supplementation law, ordinance projects involving some articles: maximum expense of VND 700,000 per document;

For other documents: maximum expense of VND 500,000 per document.

b) Examination reports, verification reports:

For law, ordinance projects: maximum expense of VND 1,500,000 per report;

For draft decrees, resolutions, joint resolutions, decisions of the Prime Minister: maximum expenditure of 1,000,000 VND per report;

For draft circulars, decisions of the State Auditor General: maximum expenditure of 500,000 VND per report.

5. Proofreading and finalizing research outlines, various types of reports, explanatory notes, submission documents for texts: maximum expenditure of 500,000 VND per proofreading session.

6. Proofreading draft texts: maximum expenditure of 600,000 VND per proofreading session.

7. Expenditure for individuals participating in meetings, seminars, roundtables, conferences, and press conferences

a) Participating in meetings, seminars, roundtables, conferences serving the work of drafting anticipated programs, drafting, impact assessment, soliciting opinions, reviewing, and examining texts; conducting surveys and investigations; monitoring and evaluating the implementation of laws:

Chairperson: the expense level is VND 150,000 per person per meeting;

Participants attending: expenditure of 100,000 VND per person per meeting;

Written discussion papers submitted by participants: maximum expenditure of 500,000 VND per paper.

b) Attending press conferences announcing laws, ordinances, and other texts that have been signed and issued by competent authorities:

Host of the conference: expenditure of 150,000 VND per person per conference;

Participants attending: expenditure of 70,000 VND per person per conference.

8. Expenditure for hiring translations and proofreading documents

Translating documents from foreign languages into Vietnamese: maximum expenditure of 120,000 VND per page (350 words);

Translating documents from Vietnamese into foreign languages: maximum expenditure of 150,000 VND per page (350 words);

Translating documents from Vietnamese into ethnic minority languages: maximum expenditure of 100,000 VND per page (350 words);

Proofreading translated documents: maximum expenditure of 40,000 VND per page (350 words).

For some less common languages, the translation fee may be increased by up to 30% compared to the aforementioned translation fees.

9. Expenditure for consulting opinions of independent experts

In cases where the establishment of texts; proposals, anticipated programs for establishing texts; explanations, submissions, draft texts, and specialized reports in complex fields require consulting and critical opinions from independent experts, the maximum expenditure is 1,000,000 VND per report.

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

a) For travel expenses for officials traveling domestically, and expenses for organizing meetings, conferences, roundtables, summaries, and conclusions, these shall be carried out according to the regulations of the Ministry of Finance on travel expense allowances and meeting organization expenses for state agencies and public service units;

b) For expenses for organizing delegations to conduct surveys abroad, these shall be carried out according to the regulations of the Ministry of Finance on travel expense allowances for state officials and civil servants traveling abroad for short-term stays funded by the state budget;

c) For organizing surveys, investigations, and sociological surveys, these shall be carried out according to the regulations of the Ministry of Finance guiding the management, use, and settlement of funds for surveys conducted from the state budget;

d) For expenses in establishing electronic databases to serve the work of drafting texts and perfecting the legal system, these shall be carried out according to the regulations of the Ministry of Finance guiding the costs for establishing electronic information under information technology and current regulations on information technology, construction, and management of databases;

đ) For research and development of topics serving the work of drafting texts and perfecting the legal system; developing various types of explanations and submissions; proposing the establishment of texts; proposing and anticipating programs for establishing texts; reports on practical evaluations; impact assessments of texts; reports on monitoring the implementation of laws, these shall be carried out and applied according to the regulations of the Ministry of Finance and the Ministry of Science and Technology guiding the standards for building and allocating budgets for scientific and technological projects using state funds;

e) Reviewing and systematizing texts directly serving the work of drafting texts and perfecting the legal system shall be carried out according to the regulations of the Ministry of Finance and the Ministry of Justice guiding the management and use of funds for the work of inspecting and handling legal regulatory texts.

Article 5. Allocation standards for funding to ensure work on drafting legal documents and perfecting the legal system

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

a) Draft decrees of the Government: the maximum allocation of funding is VND 38 million for each draft document with less complex content, only soliciting opinions from some central ministries and agencies, and VND 60 million for draft documents with more complex content that require soliciting opinions from many central ministries and agencies, mass organizations, and localities. In cases where draft decrees require organizing broad meetings to solicit opinions multiple times with wide-ranging participation, the funding allocation level shall be determined by the head of the agency or unit responsible for drafting and developing the decision within the scope of the regular budget allocated./b) Draft decisions of the Prime Minister, draft resolutions of the Supreme People's Court Council, joint resolutions: the maximum allocation of funding is VND 30 million for each draft document with less complex content or requiring fewer meetings to solicit opinions, and VND 50 million for each draft document with more complex content or requiring multiple meetings to solicit opinions.

c) Draft circulars, joint circulars, decisions of the State Audit Office: the maximum allocation of funding is VND 15 million for each draft document with less complex content and a narrow scope of regulation, and VND 30 million for each draft document with more complex content and a wide scope of application nationwide, requiring multiple meetings to solicit opinions.

d) For draft laws and ordinances, the allocation of funding shall be based on the complexity of each draft law and ordinance.

2. In addition to the allocation standards for funding stipulated in Clause 1 of this Article, depending on the availability of financial resources, if necessary, the head of the agency or unit responsible may arrange a portion of funding from the regular budget already allocated to support related activities during the process of drafting legal documents and perfecting the legal system.

1. The preparation of budgets and management of funding to ensure work on drafting legal documents and perfecting the legal system shall be carried out as follows:

Article 6. Preparation of Budget Estimates, Management, Utilization, and Settlement of Funds Ensuring Legislative Work and Legal System Improvement

a) Annually, based on their functions and tasks, agencies and units shall prepare detailed budgets for funding to ensure work on drafting legal documents and perfecting the legal system according to the activities and expenditure items specified in Article 3 and the expenditure levels specified in Article 4 of this Circular, consolidate them into the annual regular budget estimate, submit to the Ministry of Finance for review and consolidation, and then submit to the Government for presentation to the National Assembly for approval in accordance with the provisions of the State Budget Law.

b) The allocation of funding to ensure work on drafting legal documents and perfecting the legal system shall be carried out in accordance with the provisions of the State Budget Law.

c) Regarding funding support for agencies assigned the main responsibility for drafting, reviewing, and examining laws and ordinances in the annual legislative program approved by the National Assembly, it shall be carried out as follows:

Based on the proposed allocation of funding support for agencies assigned the main responsibility for drafting, reviewing, and examining laws and ordinances in the annual legislative program approved by the National Assembly, the Ministry of Finance shall submit to the Prime Minister for consideration and approval. After approval by the Prime Minister, the Ministry of Finance shall notify the funding support for drafting law and ordinance projects for relevant ministries and agencies to implement.

2. The use and settlement of funding to ensure work on drafting legal documents and perfecting the legal system shall be carried out as follows:

a) The payment of funding to ensure work on drafting legal documents and perfecting the legal system shall be made on a product-based basis accompanied by a detailed list of expenditure items and levels as specified in this Circular, without the need for invoices or supporting documents.

b) In cases where the task of drafting legal documents and perfecting the legal system has not been completed by the end of the year and is allowed by the competent authority to be continued into the following year, the corresponding funding can be transferred to be used and settled in the following year.

c) Funding to ensure work on drafting legal documents and perfecting the legal system shall be recorded under the corresponding expenditure item in the State Budget Classification.

1. This Circular takes effect from September 1, 2014, and replaces Circular Jointly Issued No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010, issued by the Ministry of Finance, the Ministry of Justice, and the Government Office guiding the preparation of budgets, management, use, and settlement of state budget funds to ensure work on drafting legal regulations and perfecting the legal system.

Article 7. Implementation Provisions

2. For funding to draft legal documents and perfect the legal system in 2014, agencies and units shall proactively arrange within the scope of the 2014 state budget already allocated by the competent authority to implement.

3. During the implementation period, if there are difficulties or obstacles, agencies and units are requested to promptly reflect them to the Ministry of Finance, the Ministry of Justice, and the Government Office for study and appropriate amendments and supplements./.

3. During the implementation process, if there are difficulties or obstacles, it is recommended that agencies and units promptly reflect them to the Ministry of Finance, the Ministry of Justice, and the Government Office for study and appropriate amendments./.