Guidance on some special mechanisms and policies to create breakthroughs in law making and enforcement

This Decree provides for the list of tasks, activities and expenditure limits for each task and activity in the development of legal documents and international treaties under the authority of the Government as prescribed in Clause 3, Article 4 of Resolution No. 197/2025/QH15 dated May 17, 2025 of the National Assembly on a number of special mechanisms and policies to create breakthroughs in the development and organization of law enforcement (Resolution No. 197/2025/QH15); expenditure limits for a number of tasks and activities of strategic research, policies, and organization of law enforcement; organization and operation of the Fund to support the development of policies and laws; attracting and using organizations and individuals to participate in the implementation of a number of tasks and activities in the development and organization of law enforcement.

In particular, the Decree stipulates the list of tasks, activities and expenditure norms for each task and activity for drafting legal documents and international treaties.

The fixed expenditure norms for performing tasks, strategic research activities, policies, and law enforcement organizations directly support law making.

The fixed expenditure norms in the drafting of some legal documents are not yet specified in Appendix II attached to Resolution No. 197/2025/QH15.

Fund to support policy and law development

The Decree also regulates the organization and operation of the Fund to support policy and law making.

The Fund for Supporting Policy and Law Development (hereinafter referred to as the Fund) is a non-budgetary state financial fund under the Ministry of Justice , operating on a non-profit basis.

The Fund is a public service unit whose regular expenditures are guaranteed by the state budget, has legal status, an operating budget, its own financial statements, a seal, and is allowed to open an account at the State Treasury and a commercial bank legally operating in Vietnam in accordance with the provisions of law.

The Decree clearly stipulates the duties and powers of the Fund, including implementing the Fund's operational objectives in supporting the development of policies and laws; developing financial plans, organizing the apparatus, and recruiting personnel within its authority, in accordance with the provisions of Article 6 of Resolution No. 197/2025/QH15 and this Decree.

Review projects, tasks, activities, and supported and sponsored objects; decide on the level of support and sponsorship according to the provisions of law, the Fund's Charter, and the Fund's support and sponsorship regulations (if any).

Mobilize, receive, manage and use the Fund's financial resources in accordance with the law.

According to the Decree, the annual operating expenses of the Fund are guaranteed from the state budget and other legal financial sources as prescribed. The annual state budget level is based on the proposal of the Ministry of Justice after taking into account the unused state budget estimates of the current year, which are allowed by competent authorities to be transferred to the following year according to the provisions of the State Budget Law, but not exceeding 300 billion VND. Every year, the Ministry of Justice prepares an estimate of the budget allocated to the Fund, synthesizes it in the annual budget estimate of the Ministry of Justice, and sends it to the Ministry of Finance for synthesis and submission to competent authorities according to the provisions of the State Budget Law.

Other financial sources of the Fund include: Legal support sources from domestic organizations and individuals, including support without specific objectives or support with specific objectives in accordance with the provisions of Vietnamese law; interest from deposit accounts at commercial banks (if any), unless otherwise agreed by the supporting organization or individual or other provisions of relevant laws; other legal sources (if any).

The Fund Management Board is established by the Minister of Justice, operates concurrently, has a term of 05 years and is subject to reappointment, including: Chairman of the Board, Vice Chairman of the Board and other members.

The Fund Management Agency is the standing body of the Fund Management Council, established by the Minister of Justice.

Attracting and using organizations and individuals to participate in performing a number of tasks and activities in building and organizing law enforcement.

The Decree also clearly states regulations on attracting and using organizations and individuals to participate in performing a number of tasks and activities in law making and enforcement, including regulations on attracting and using experts and consulting organizations; regulations on attracting, selecting, training and fostering human resources with high professional qualifications and practical experience in international law and international dispute resolution; sending Vietnamese experts to work in the legal department of international organizations, international legal organizations and international judicial bodies.

In particular, the mechanism for attracting and recruiting people with high professional qualifications and practical experience in international law and international dispute resolution is implemented according to regulations and policies for attracting and employing talented people to work in agencies, organizations and units of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front and central agencies of socio-political organizations.

The policy mechanism for training and fostering human resources with high professional qualifications and practical experience in international law and international dispute resolution shall be implemented in accordance with the regulations on training and fostering of cadres, civil servants and officers of the armed forces. During the period of being sent for training and fostering, the person sent for training and fostering shall maintain the same regime and policies. In case the place of study is not in the same locality or country as the place of work, he/she shall enjoy the same regime as the person sent for work in the country or abroad, except in cases where he/she has received support or funding from other legal sources./.

Source: https://baochinhphu.vn/huong-dan-mot-so-co-che-chinh-sach-dac-biet-tao-dot-pha-trong-xay-dung-va-to-chuc-thi-hanh-phap-luat-102251108114213946.htm