Decree 289/2025/ND-CP guiding implementation of Resolution 197/2025/QH15 on special mechanisms and policies for breakthroughs in lawmaking and law enforcement

DECREE

Guiding the implementation of the National Assembly’s Resolution No. 197/2025/QH15 of May 17, 2025, on a number of special mechanisms and policies to create breakthroughs in lawmaking and law enforcement^[1]

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 64/2025/QH15 on Promulgation of Legal Documents, which is amended and supplemented by Law No. 87/2025/QH15;

Pursuant to the National Assembly’s Resolution No. 197/2025/QH15 of May 17, 2025, on a number of special mechanisms and policies to create breakthroughs in lawmaking and law enforcement;

At the proposal of the Minister of Justice;

The Government promulgates the Decree guiding the implementation of the National Assembly’s Resolution No. 197/2025/QH15 of May 17, 2025, on a number of special mechanisms and policies to create breakthroughs in lawmaking and law enforcement.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the lists of tasks and activities and presumptive expenditure norms applicable to tasks and activities in the formulation of legal documents and treaties falling within the Government’s competence as specified in Clause 3, Article 4 of the National Assembly’s Resolution No. 197/2025/QH15 of May 17, 2025, on a number of special mechanisms and policies to create breakthroughs in lawmaking and law enforcement (below referred to as Resolution No. 197/2025/QH15); presumptive expenditure norms applicable to a number of tasks and activities related to strategy and policy research and law enforcement; organization and operation of the Fund for Support of Policy and Law Formulation; and attraction and engagement of organizations and individuals in the performance of tasks and activities in lawmaking and law enforcement.

Article 2. General principles

1. To ensure proper and adequate adherence to the principles for the application of special mechanisms and policies specified in Article 3 of Resolution No. 197/2025/QH15.

2. The special mechanisms and policies referred to in this Decree shall only be applied to tasks and activities related to the formulation of legal documents and treaties specified in Appendix II to Resolution No. 197/2025/QH15 and in Article 5 of this Decree. Tasks and activities that directly support lawmaking but do not constitute regular tasks or activities in strategy and policy research or law enforcement shall be assigned, approved or permitted by the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister, or other competent authorities of the Party, the National Assembly or the Government under task assignment documents, programs, plans or decisions.

3. The estimation, payment, account-finalization and auditing of state budget funds under the mechanism for presumptive expenditures for completed products of tasks and activities are eligible for the special mechanisms and policies referred to in this Decree, except tasks and activities concerning support for or investment in physical facilities and working equipment.

4. Expenditure items of the budget at a certain level shall be covered by the budget of that level; budget-estimating units shall perform their tasks and exercise their powers in accordance with the Law on the State Budget; budget-using units shall decide on expenditures and bear responsibility for ensuring compliance with the law-specified standards and norms; the State Treasury shall check and collate dossiers with the budget estimates assigned to budget-using units, and make payments as requested by the heads of such budget-using units in accordance with the law on the state budget.

5. Regular tasks and activities or other tasks and activities not regulated by this Decree must comply with relevant current regulations.

Chapter II

LISTS OF TASKS AND ACTIVITIES AND PRESUMPTIVE EXPENDITURE NORMS

Article 3. Lists of tasks and activities and presumptive expenditure norms applicable to tasks and activities in the formulation of legal documents and treaties

1. The list of tasks and activities and presumptive expenditure norms applicable to tasks and activities in the formulation of legal documents falling within the Government’s competence as specified in Clause 3, Article 4 of Resolution No. 197/2025/QH15 and in Article 5 of this Decree is provided in Appendix I to this Decree and must comply with Clause 2 of this Article.

2. The list of tasks and activities and presumptive expenditure norms applicable to tasks and activities in the formulation of legal documents that are orders and decisions of the President; resolutions of the Council of Justices of the Supreme People’s Court; circulars and joint circulars; resolutions of People’s Councils at all levels; decisions of People’s Committees at all levels; and decisions of chairpersons of provincial-level People’s Committees shall be decided by the heads of the agencies performing the tasks and activities, or these persons shall promulgate internal regulations for application within the total expenditure limits specified in Appendix II to Resolution No. 197/2025/QH15 or in Article 5 of this Decree.

3. The list of tasks and activities and presumptive expenditure norms applicable to tasks and activities in the formulation of treaties falling within the Government’s competence as specified in Section II, Appendix II to Resolution No. 197/2025/QH15 is provided in Appendix II to this Decree.

4. The presumptive expenditure norms applicable to the formulation of National Assembly’s tenure-based legislative orientations and the annual legislative programs are provided in Appendix III to this Decree.

Article 4. Presumptive expenditure norms in the performance of tasks and activities concerning strategy and policy research and law enforcement directly supporting lawmaking

In case tasks or activities arise in strategy and policy research and law enforcement in adherence to the principles specified in Clause 2, Article 2 of this Decree, the following presumptive expenditure norms shall be applied:

1. Presumptive expenditure norms applicable to the supervision of legal documents of the National Assembly, the National Assembly Standing Committee, the Ethnic Council, and Committees of the National Assembly as provided in Appendix IV to this Decree;

2. Presumptive expenditure norms applicable to strategy and policy research for the formulation of viewpoints, guidelines, lines and orientations on lawmaking as provided in Appendix V to this Decree;

3. Presumptive expenditure norms applicable to the inspection, review, consolidation and systematization of legal documents, and the codification of the system of legal norms as provided in Appendix VI to this Decree;

4. Presumptive expenditure norms applicable to the settlement of international disputes and the handling of other legal matters arising in the process of international integration as provided in Appendix VII to this Decree.

Article 5. Presumptive expenditure norms applicable to the formulation of certain legal documents not provided in Appendix II to Resolution No. 197/2025/QH15

1. The total expenditure level applicable to the formulation of joint resolutions of the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front is VND 400,000,000 per document.

2. The total expenditure levels applicable to the formulation of decisions of chairpersons of provincial-level People’s Committees, resolutions of commune-level People’s Councils, and decisions of commune-level People’s Committees shall be decided by the same-level People’s Councils based on the budget-balancing capacity, competence to promulgate legal documents, and practical conditions, with reference to the following expenditure levels:

a/ VND 30,000,000 per document, for decisions of chairpersons of provincial-level People’s Committees;

b/ VND 10,000,000 per document, for resolutions of commune-level People’s Councils;

c/ VND 8,000,000 per document, for decisions of commune-level People’s Committees.

3. In case a legal document is promulgated by the National Assembly or the National Assembly Standing Committee to amend and supplement 2 or more legal documents, the applicable total expenditure level shall be equal to that for the formulation of one new legal document or replacing legal document as specified in Section I, Appendix II to Resolution No. 197/2025/QH15 and in Clause 1 of this Article.

4. The total expenditure levels specified in Section III, Appendix II to Resolution No. 197/2025/QH15 and in Clauses 1 and 2 of this Article shall be applied to the formulation of new legal documents or replacing legal documents. In case of formulation of a legal document amending and supplementing a number of articles of an existing legal document, the following presumptive expenditure norms shall be applied:

a/ For a legal document amending and supplementing a number of articles of 2 or more legal documents, the applicable total expenditure level shall be equal to that for the formulation of one relevant legal document as specified in Section III, Appendix II to Resolution No. 197/2025/QH15 and in Clauses 1 and 2 of this Article; and equal to the presumptive expenditure norm applicable to each corresponding task or activity in the formulation and promulgation of relevant legal documents as specified in Appendix I to this Decree;

b/ For a legal document amending and supplementing a number of articles of one legal document, the applicable total expenditure level shall be equal to 60% of that for the formulation of one relevant legal document as specified in Section III, Appendix II to Resolution No. 197/2025/QH15 and in Clauses 1 and 2 of this Article; and equal to 60% of the presumptive expenditure norm applicable to each corresponding task or activity in the formulation and promulgation of relevant legal documents as specified in Appendix I to this Decree.

5. For a legal document annulling part or the whole of an existing legal document, the applicable total expenditure level shall be equal to 30% of that for the formulation of one relevant legal document as specified in Appendix II to Resolution No. 197/2025/QH15 and in Clauses 1 and 2 of this Article; and equal to 30% of the presumptive expenditure norm applicable to each corresponding task or activity in the formulation, drafting, appraisal, submission, verification and approval of a relevant legal document as specified by the National Assembly Standing Committee or, for documents falling within the Government’s competence, as provided in Appendix I to this Decree.

Article 6. Assurance of expenses for the organization conducting strategy and policy research in the legal field

The organization conducting strategy and policy research in the legal field as specified at Point e, Clause 1, and Clause 5, Article 4 of Resolution No. 197/2025/QH15 is the Ministry of Justice’s organization conducting strategy and policy research in the legal field which is entitled to the state budget’s whole allocations for recurrent expenditures and investment expenditures and partial allocations for investment in modern physical facilities and working equipment under Article 9 of this Decree.

Article 7. Estimation, management, use and account-finalization of state budget funds for lawmaking and law enforcement

1. Every year, based on the National Assembly’s tenure-based legislative orientations and the annual legislative program; programs and plans on formulation of legal documents of the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister, ministries, ministerial-level agencies, government-attached agencies, other central agencies, and local authorities; and based on tasks and activities relating to strategy and policy research and law enforcement to be carried out in the subsequent year that are eligible for the application of special mechanisms and policies, ministries, ministerial-level agencies, government-attached agencies, other central agencies, and local authorities shall formulate and approve plans and lists of tasks for lawmaking and law enforcement for the subsequent year.

Based on programs, plans, and lists of tasks approved by competent authorities, tier-I budget-estimating units at the central and local levels (including ministries, ministerial-level agencies, government-attached agencies, other central agencies, and local authorities acting as agencies in charge of performing the tasks and activities specified in Articles 3, 4 and 5 and the Appendices to this Decree) shall prepare cost estimates for implementation, include them in their annual state budget estimates, and submit them to competent agencies in accordance with the Law on the State Budget and relevant regulations on financial mechanisms for summarization and reporting to competent authorities under regulations.

2. Based on state budget estimates assigned by competent agencies, tier-I budget-estimating units at the central and local levels shall allocate and assign budget estimates to budget-using units under their management for the latter to perform tasks and activities according to the corresponding presumptive expenditure norms for tasks and activities as specified in Articles 3, 4 and 5 of and the Appendices to this Decree, and submit them to the same-level finance agencies and the State Treasury offices where transactions are conducted for implementation.

3. Payment and account-finalization under the presumptive expenditure mechanism for each task and activity specified in Articles 3, 4 and 5 of and the Appendices to this Decree (excluding support for or investment in physical facilities and working equipment) shall be carried out on the basis of completed products. A dossier for payment and account-finalization must comprise:

a/ A document issued by the competent authority, competent agency or competent person, on the assignment, approval, permission for delayed implementation, withdrawal, removal from, or addition of, tasks or activities in programs or plans;

b/ A document showing completed products from the performance of each task or each activity in a task as specified in the relevant Appendix to this Decree.

In case of making payment upon the completion of a task, there must be a document issued by the competent authority, competent agency or competent person approving or promulgating the relevant legal document or treaty for the tasks referred to in Clauses 1, 2 and 3, Article 3, and Article 5, of this Decree; or accepting, approving or recognizing the results of the tasks specified in Clause 4, Article 3, and Article 4, of this Decree.

4. In case one task or activity or each activity in a task provided in the relevant Appendix to this Decree or in Clause 2, Article 3 of this Decree has been performed with completed products, payment and account-finalization shall be carried out under the presumptive expenditure mechanism for such task or activity. Completed products and presumptive expenditure norms must conform to the corresponding provisions in the relevant Appendix to this Decree, and comply with relevant decisions or regulations, for the case specified in Clause 2, Article 3 of this Decree.

5. In case the head of a tier-I budget-estimating unit decides, or assigns the head of a subordinate unit directly performing the task or activity to decide, on adjustments to the expenditure items in adherence to the principles specified in Clause 7, Article 4 of Resolution No. 197/2025/QH15, it is not required to submit additional documents other than those in the dossier for payment or account-finalization specified in Clause 3 of this Article.

Adjustments to expenditure items mentioned in this Clause must ensure that the adjusted expenditures do not exceed the total expenditure levels applicable to the relevant tasks or activities as specified in Appendix II to Resolution No. 197/2025/QH15 and in this Decree, and do not exceed the maximum level of the presumptive expenditure norm bracket applicable to each corresponding task or activity as specified in the relevant Appendix to this Decree or in the relevant decisions or regulations, for the case specified in Clause 2, Article 3 of this Decree.

The person deciding on adjustments to expenditure items shall take responsibility for their decisions.

6. Unless otherwise provided by relevant laws, the provisions of this Article also apply to the estimation, management, use and account-finalization of state budget funds for the verification and approval of legal documents, and the verification and approval of, and decision on, accession to treaties and international organizations as specified in Sections I and II.1 of Appendix II to Resolution No. 197/2025/QH15.

Article 8. Remuneration and contracting

1. The application of remuneration and contracting in the performance of tasks and activities specified in Articles 3, 4 and 5 of this Decree shall be decided by heads of tier-I budget-estimating units, or assigned to heads of subordinate units directly performing the tasks or activities to decide with regard to the level of remuneration or contracting and the mode of cooperation in the form of order placement or task assignment or other forms in accordance with the bidding law.

2. Entitled to remuneration are cadres, civil servants, officers of the armed forces, researchers, public employees, and workers working under long-term labor contracts who are under subordinate units’ management.

Entitled to contracting are experts and consulting organizations directly participating in the performance of tasks or activities. Contracting norms must not exceed the corresponding contracting norms specified in Appendix VIII to this Decree. Payment and account-finalization shall be carried out under the presumptive expenditure mechanism based on completed products as specified in Clause 3, Article 7 of this Decree.

3. Unless otherwise provided by relevant laws, criteria for identifying experts and consulting organizations mentioned in this Article shall be specified by ministers, heads of ministerial-level agencies, government-attached agencies or other central agencies, or by heads of subordinate units directly performing tasks or activities as assigned.

Article 9. Support for investment in physical facilities and working equipment

1. Support for investment in modern physical facilities and working equipment serving the formulation and promulgation of legal documents, and participation in the formulation of international law, and for the organization conducting strategy and policy research specified in Article 6 of this Decree must comply with the laws on the state budget, public investment, bidding, and management and use of public assets.

2. Heads of tier-I budget-estimating units shall decide, or assign heads of subordinate budget-estimating units to decide, on the lease or procurement of assets, goods and services as support for investment in modern physical facilities and working equipment in the form of order placement or task assignment or other forms specified by the bidding law, ensuring quality and reasonable prices, and conformity with the lists, norms, categories and technical standards specified by the law on management and use of public assets.

3. Modern physical facilities and working equipment mentioned in this Article are those that promptly and adequately meet requirements on innovation, digital technology application, digital transformation, and e-Government building.

Chapter III

ORGANIZATION AND OPERATION OF THE FUND FOR SUPPORT OF POLICY AND LAW FORMULATION

Section 1

GENERAL PROVISIONS

Article 10. Legal status and legal person status

1. The Fund for Support of Policy and Law Formulation (below referred to as the Fund) is an off-budget state financial fund under the Ministry of Justice, operating on a not-for-profit basis.

2. The Fund is a public non-business unit with recurrent expenditures covered by the state budget; has the legal person status, operating budgets, separate financial statements and its own seal; and may open accounts at the State Treasury and at commercial banks lawfully operating in Vietnam in accordance with law.

Article 11. Operation principles of the Fund

1. To pursue objectives other than profit-making objectives in the receipt of financial sources or in the provision of support or donations for projects, tasks or activities.

2. To ensure efficient organization and operation associated with transparent and open management; to prevent and deter all manifestations of profiteering or policy abuse.

3. To ensure the proper management and use of the Fund’s financial sources for the eligible beneficiaries; to comply with the Law on the State Budget and other relevant laws; to ensure efficiency and law compliance and avoid loss.

4. To ensure the transparent and public receipt of support from domestic organizations and individuals; not to harm national interests, security and national defense; not to violate the law on corruption and money laundering prevention and combat, or pursue other purposes in contravention of law.

Article 12. Tasks and powers of the Fund

1. To realize the Fund’s operational objectives in supporting the policy and law formulation; to formulate financial plans, arrange the organizational structure and recruit personnel according to the Fund’s competence, ensuring compliance with Article 6 of Resolution No. 197/2025/QH15, and this Decree.

2. To approve projects, tasks, activities, and support or donation beneficiaries; to decide on support or donation levels in accordance with law, the Fund’s Charter, and the Fund’s regulations on provision of supports and donations (if any).

3. To mobilize, receive, manage and use the Fund’s financial sources in accordance with law.

4. To open accounts at commercial banks to receive, manage and use off-budget supports.

5. To provide data and disclose operation regulations, financial mechanisms, operational results, and audited annual financial statements of the Fund in accordance with law.

6. To conduct periodical and ad hoc inspection and supervision according to the Fund’s competence with regard to the use of the Fund’s funding sources; to recover supports or donations from agencies, units, organizations or individuals (below collectively referred to as subjects) that violate the conditions or commitments agreed with the Fund.

7. Other tasks and powers as specified by law or the Minister of Justice.

Article 13. Financial sources for operation of the Fund

1. The Fund’s annual operating expenses shall be covered by the state budget and other lawful financial sources as specified in Clause 2 of this Article. Annual state budget allocations shall be based on proposals of the Ministry of Justice, after taking into account unused budget estimates of the current year that are permitted by competent authorities to be carried forward to the subsequent year in accordance with the Law on the State Budget, but must not exceed VND 300 billion. Annually, the Ministry of Justice shall prepare budget estimates to be allocated to the Fund, include them in the Ministry’s annual state budget estimates, and submit them to the Ministry of Finance for summarization and submission to the competent authority in accordance with the Law on the State Budget.

2. Other financial sources of the Fund include:

a/ Lawful supports from domestic organizations and individuals, including non-thematic supports or thematic supports in accordance with Vietnam’s law;

b/ Interests on deposit accounts at commercial banks (if any), unless otherwise agreed by the support providers or otherwise provided by relevant laws;

c/ Other lawful sources (if any).

Section 2

ORGANIZATIONAL STRUCTURE

Article 14. The Fund’s Management Council

1. The Fund’s Management Council shall be established by the Minister of Justice, operate on a part-time basis, have a term of office of 5 years, may be considered for reappointment, and shall be composed of a Chairperson, Vice Chairpersons, and other members.

2. The Fund’s Management Council has the following tasks and powers:

a/ To decide on the Fund’s 5-year and annual strategies and operational plans; to decide on specific supports and donations related to functions, tasks and powers in the policy and law formulation of ministries, ministerial-level agencies, government-attached agencies, other central agencies, and local authorities;

b/ To promulgate the Fund’s Operation Regulation in accordance with this Decree;

c/ To approve the Fund’s annual financial plans, periodical reports and account-finalization reports;

d/ To approve the support receipt in case organizations and individuals provide supports associated with thematic objectives for the Fund;

dd/ To supervise and inspect the agency managing the Fund in implementing law, regulations of the Minister of Justice, and resolutions, decisions and other documents of the Fund’s Management Council;

g/ Other tasks and powers as specified by the Minister of Justice.

3. A meeting of the Fund’s Management Council shall be deemed valid when it is attended by at least 50% of the Council’s members (including authorized persons), and shall be chaired by the Council’s Chairperson or the authorized Vice Chairperson. Meetings may be conducted in person, online or through sending opinion collection sheets. Minutes of a meeting shall be prepared and signed by the person chairing the meeting and affixed with the Council’s seal. Meetings’ minutes serves as a basis for the issuance of resolutions, decisions and other documents of the Council.

When it is necessary to seek opinions for deciding on the matters specified at Points a and d, Clause 2 of this Article, the Fund’s Management Council may invite representatives to attend meetings or seek written opinions of related subjects. Participation in a meeting and opinions given by related subjects in this case do not serve as a basis for determining the voting rate mentioned in Clause 5 of this Article.

4. The Fund’s Management Council shall work according to a collective regime under the direction of the Council’s Chairperson. Conclusions shall be adopted on the principle of majority vote and must receive at least 50% of the total number of votes of the Council’s members. In the event of a tie vote, conclusions shall be approved based on the vote of the Council’s Chairperson or the person authorized to chair the meeting.

5. The Chairperson of the Fund’s Management Council has the following responsibilities and powers:

a/ To approve, on behalf of the Fund’s Management Council, quarterly and annual operational plans of the Council;

b/ To sign, on behalf of the Fund’s Management Council, resolutions, decisions and other documents falling within the Council’s competence;

c/ To decide or authorize a Vice Chairperson of the Council to convene and chair meetings of the Council;

d/ To direct the agency managing the Fund to perform other tasks to meet requirements of the management of the Fund;

dd/ To organize the performance of the tasks of the Fund’s Management Council;

e/ To direct the agency managing the Fund to perform the Fund’s tasks;

g/ To organize supervision of, or supervise and evaluate, results of the implementation of strategic objectives, operational plans and operational performance of the Fund and the agency managing the Fund, and the management and executive performance of the Fund’s Director;

h/ Other responsibilities and powers as specified by the Minister of Justice.

6. Vice Chairpersons of the Fund’s Management Council shall assist the Chairperson, and perform tasks in accordance with the Fund’s Charter and as assigned or authorized by the Chairperson.

7. Members of the Fund’s Management Council have the following responsibilities and powers:

a/ To perform tasks as assigned or authorized by the Chairperson of the Fund’s Management Council, and be accountable to the Chairperson and before law for the authorized tasks;

b/ To use the Fund’s human resources, physical facilities and working equipment;

c/ To attend meetings, give opinions, vote, and take responsibility for their opinions or votes; to refrain from being absent from more than 2 consecutive meetings;

d/ Other responsibilities and powers as specified by the Minister of Justice.

Article 15. The agency managing the Fund

1. The agency managing the Fund is the standing body of the Fund’s Management Council and shall be established by the Minister of Justice.

2. The agency managing the Fund has the following tasks and powers:

a/ To organize the Fund’s activities;

b/ To organize its organizational structure, training courses, and recruit and manage its personnel according to its competence;

c/ To manage the Fund’s finances and assets;

d/ To reach agreement with domestic organizations and individuals on the provision of financial aid sources to the Fund and the receipt of supports (if any); to report to the Fund’s Management Council in case of support sources falling within the approval competence of the Council;

dd/ To carry out professional operations in the approval and provision of supports and donations; to report to the Fund’s Management Council with respect to projects, tasks or activities falling within the approval competence of the Council;

e/ To enter into contracts and agreements with related agencies, organizations and individuals in the provision of supports and donations and in other activities of the Fund;

g/ To submit financial statements, operational reports, and reports on task performance to the Fund’s Management Council and other competent authorities under regulations of the Minister of Justice and other relevant regulations;

h/ To ensure publicity and transparency of information on operation, finances, projects, tasks, activities, support or donation beneficiaries, and other contents in accordance with law;

i/ To propose to the Fund’s Management Council, the Minister of Justice, or other competent authorities the adjustment of relevant regulations, the Fund’s Charter, and financial mechanisms to ensure their conformity with the Fund’s functions and operation situation;

k/ To coordinate with related agencies and organizations in performing assigned tasks;

l/ Other tasks and powers as stated in the Fund’s Charter; resolutions, decisions and other documents of the Fund’s Management Council; regulations of the Minister of Justice; and other relevant regulations.

3. The agency managing the Fund shall operate on a full-time basis and be composed of the Director, Deputy Director, Chief Accountant, public employees and other workers in accordance with law.

4. The Fund’s Director shall act as the Fund’s legal representative and account holder, having the tasks of organizing and administering operations of the agency managing the Fund; assigning tasks to the Deputy Director, the Chief Accountant, public employees and other workers to serve the performance of tasks and exercise of powers of the agency managing the Fund; signing reports, final accounts and financial disclosure documents of the Fund, and other documents within his/her competence; and performing other tasks and exercising other powers as assigned by the Chairperson of the Fund’s Management Council, specified by the Minister of Justice or by law.

5. The Fund’s Deputy Director shall assist the Fund’s Director and perform tasks assigned or authorized by the Fund’s Director.

6. The Fund’s Chief Accountant shall perform tasks assigned by the Fund’s Director and be held responsible for accounting work, financial statements and final accounts of the Fund, and other tasks in accordance with law and this Decree.

7. Public employees and other workers of the agency managing the Fund shall perform tasks assigned by the Fund’s Director.

Section 3

RECEIPT OF SUPPORTS AND USE OF THE FUND’S OPERATING BUDGETS

Article 16. Receipt of supports

1. For monetary supports:

a/ The Fund shall keep detailed accounting books to separately monitor the received monetary support amounts;

b/ Monetary support amounts shall be transferred to the Fund’s accounts opened at commercial banks, unless otherwise agreed by the support providers or otherwise provided by relevant laws.

2. For supports in kind or supports in other forms, the Fund shall carry our procedures and approve methods and locations for support receipt in accordance with law, ensuring convenience for support providers and facilitating the safekeeping of assets as supports.

3. The receipt of supports associated with thematic objectives must comply with agreements with support providers after obtaining approval from the Fund’s Management Council.

Article 17. Expenses for operations of the Fund

1. Expenses for professional operations of the Fund:

a/ Expenses for supports and donations as specified in Clause 2, Article 6 of Resolution No. 197/2025/QH15, ensuring conformity with the criteria and principles specified in this Decree;

b/ Expenses for receiving and managing supports in kind; and for distributing supports and donations in kind.

2. Expenses for the Fund’s organizational apparatus must comply with the relevant regulations applicable to public non-business units.

Article 18. Approval of and payment for supports and donations

1. A request for supports or donations shall be approved when the following conditions are fully satisfied:

a/ The supports or donations are to be used for the projects, tasks or activities specified in Clause 2, Article 6 of Resolution No. 197/2025/QH15;

b/ The projects, tasks or activities that will receive supports or donations are not the same as those having their recurrent expenditures covered by the state budget;

c/ The projects, tasks or activities that will receive supports or donations are not the same as those specified in Articles 3, 4, 5, 8 and 9 of and the Appendices to this Decree;

d/ The support or donation levels do not exceed the Fund’s available financial sources at the time the request is made;

dd/ Ensuring conformity with the Fund’s Charter and Operation Regulation, and resolutions, decisions or other documents of the Fund’s Management Council;

e/ At the time of consideration and approval of supports or donations, the Fund is not subject to judgments or rulings of courts or other competent agencies requiring cessation or suspension of the provision of supports or donations in relation to the subjects implementing the projects, tasks or activities for which supports or donations are proposed.

2. In case state budget funds have been allocated for a project, a task or an activity but additional fund allocations are required to create breakthrough, positive, effective and sustainable changes in lawmaking activities, and the conditions specified in Clause 1 of this Article are satisfied, the Fund’s supports or donations for the items requiring additional fund are specified as follows:

a/ In case Clause 4, Article 6 of Resolution No. 197/2025/QH15 is complied with, payment for supports or donations shall be taken from financial sources associated with thematic objectives as specified at Points a and b, Clause 2, Article 13 of this Decree;

b/ For a case other than that specified at Point a of this Clause, payment for supports or donations shall be taken from financial sources not associated with thematic objectives as specified in Clause 2, Article 13 of this Decree.

3. The Fund shall make payments in Vietnam dong as supports or donations for approved projects, tasks or activities.

4. Payment and account-finalization for projects, tasks or activities eligible for the Fund’s supports or donations must adhere to the principles of the presumptive expense mechanism and in case of adjustments to the expenditure items specified in Clauses 3, 4 and 5, Article 7 of this Decree.

Article 19. Responsibilities of agencies, organizations and individuals receiving supports or donations from the Fund

1. To provide adequate, prompt, truthful, accurate and objective information and documents related to requests for supports or donations from the Fund, for use as a basis for the Fund’s approval based on the conditions specified in Clause 1, Article 18 of this Decree; to be held responsible before law for the accuracy and legality of such information and documents.

2. To use supports or donations for proper purposes and as agreed with the Fund and related parties (if any); to refrain from using supports or donations from the Fund for activities detrimental to national interests, security or national defense, for money laundering purposes, or for other purposes contrary to law.

3. To comply with law and fully and properly implement the principles and conditions in the implementation of projects, tasks or activities eligible for supports or donations.

4. To submit periodical or ad hoc reports in accordance with the Fund’s regulations or at the request of competent authorities, competent agencies or competent persons on the implementation of projects, tasks or activities already receiving supports or donations; to promptly and fully inform the Fund in the event of external obstacles, force majeure events, or other legal events (if any) that result in failure to perform or fully perform the commitments relating to projects, tasks or activities eligible for supports or donations.

5. To reimburse expenses for supports or donations in accordance with Article 22 of this Decree.

6. Other responsibilities as committed to the Fund and as prescribed by relevant laws.

Article 20. Receipt and approval of proposals for supports or donations

1. An agency, organization or individual requesting supports or donations shall provide the following documents:

a/ A request for supports or donations, which must have the following contents: information on the subject directly implementing the project, task or activity proposed for receipt of supports or donations (name and identification number for individuals, or name and other identification information for agencies, units or organizations; address; telephone number); legal bases for and summary of the project, task or activity; and other contents (if any);

b/ Programs, plans, decisions or other documents issued by competent authorities, competent agencies or competent persons on the assignment, approval, or permission for implementation of the project, task or activity directly supporting lawmaking activities;

c/ A commentary statement on the project, task or activity proposed for receipt of supports or donations, which must have commentaries on satisfaction of the conditions specified in Clause 1, Article 18 of this Decree; schedule, implementation capacity, and completed products of the project, task or activity; and other contents as prescribed by the Fund (if any);

d/ Copies of documents and papers showing information on the subject implementing the project, task or activity.

2. Upon receipt of a complete set of the documents specified in Clause 1 of this Article, the Fund shall evaluate and approve supports or donations based on the conditions specified in Clause 1, Article 18 of this Decree.

3. The Fund shall notify in writing approval results to the applying subject based on the information in the request mentioned at Point a, Clause 1 of this Article. In case a request for supports or donations is not approved, the notification must clearly state the reason for non-approval. In case a request for supports or donations is approved, the Fund shall enter into a contract or an agreement on provision of supports or donations with the subject directly implementing the project, task or activity. Such a contract or an agreement must have the following principal contents:

a/ Information on the Fund and the recipient of supports or donations, place and date of signing of the contract or agreement;

b/ Form, level and use purpose of the support or donation amount; disbursement of the support or donation amount; and validity period of the contract or agreement;

c/ Commitments of the recipient of supports or donations to implementing the project, task or activity in adherence to the principles of provision of supports or donations, use purpose, time limit, and expected results;

d/ Rights and obligations of each party; liability for breaches of rights or obligations; and dispute resolution principles.

4. The Fund shall issue a decision on provision of supports or donations on the basis of the evaluation and approval of supports or donations and agreement reached with the recipient of supports or donations.

5. The provision of documents, notifications or other related transactions referred to in this Article may be carried out online, by hand-delivery of hard copies, by post, or by electronic means.

Article 21. Acceptance testing of support or donation results

1. At the request of the Fund, the support or donation recipient shall submit a dossier of acceptance testing of support or donation results to the Fund for carrying out acceptance testing. The dossier must comprise:

a/ A request for acceptance testing of supports or donations, submitted by the support or donation recipient;

b/ Documents included in the dossier for payment and account-finalization as specified in Clause 3, Article 7 of this Decree;

c/ Other documents evidencing proper fulfillment of commitments (if any).

2. The Fund shall receive and fully evaluate the dossier and the support or donation results, ensuring that the evaluation and acceptance testing are transparent, public and equitable.

3. The support or donation recipient shall acknowledge the Fund’s supports or donations in outcomes of the project, task or activity (clearly stating that the project, task or activity is “entitled to supports or donations from the Fund for Support of Policy and Law Formulation”), and shall take responsibility for disclosed contents of such project, task or activity in accordance with law.

4. The submission of dossiers for acceptance testing of support or donation results shall be carried out by the methods specified in Clause 5, Article 20 of this Decree.

Article 22. Reimbursement of expenses for supports or donations

1. The recipients of support or donation amounts from the Fund shall reimburse the received amounts in the following cases:

a/ They have falsified dossiers, used unlawful documents, or fail to declare or provide truthful, accurate, complete or timely information, resulting in the fact that the receipt of supports or donations does not satisfy the conditions specified in Clause 1, Article 18 of this Decree;

b/ There are no completed products from the projects, tasks or activities, or the committed objectives (if any) for the projects, tasks or activities have not been achieved. In the event that such non-completion or non-achievement results are caused by changes in the State’s policies or the fact that competent authorities, competent agencies or competent persons decide to terminate the projects, tasks or activities, or by force majeure events or external obstacles, and do not fall into the case specified at Point a of this Clause, the support or donation recipients are not required to reimburse the amounts paid for the items implemented prior to the occurrence of such events.

2. The subjects mentioned in Clause 1 of this Article shall reimburse the whole of the received support or donation amounts, plus interests thereon at an interest rate equal to the average of the 12-month deposit interest rates announced at the time of reimbursement by the 4 state-run commercial banks with the largest total assets at the time the reimbursement obligation is determined, and shall bear penalties and other liabilities as agreed, unless otherwise provided by relevant laws.

3. The number of days for interest calculation referred to in this Article shall be counted from the date the concerned subject receives the support or donation amount to the date the subject pays the reimbursed amount, interest and fine to the Fund.

The deadline for payment of the reimbursed amount, interest and fine shall be stated in the Fund’s decision requiring the reimbursement. Past this deadline, if the concerned subject fails to make payment, the Fund shall request in writing the competent agency to apply relevant regulations to force the subject to perform the reimbursement obligation and other legal liabilities in accordance with law.

Article 23. Accounting and auditing regimes

1. The Fund shall implement the accounting regime applicable to off-budget state financial funds.

2. The Fund’s fiscal year begins on January 1 and ends on December 31 every year.

3. The Fund shall organize its accounting apparatus in accordance with the accounting law and the Fund’s internal regulations.

4. The Fund shall carry out accounting and statistical work in accordance with current regulations; prepare and record initial accounting documents; and update accounting books, ensuring that financial activities are fully, promptly, truthfully, accurately and objectively reflected. The Fund’s annual financial statements shall be audited before being submitted to state agencies and before being disclosed under regulations.

Article 24. Account-finalization reporting

1. The Fund shall prepare quarterly and annual financial statements. The Fund’s annual financial statements shall be audited by an independent audit organization established and operating in accordance with law.

At the end of quarterly or annual accounting period, the Fund shall prepare, present and submit financial statements and statistical reports to competent agencies and carry out the financial disclosure in accordance with current regulations. In addition to periodical financial statements and statistical reports prepared and submitted under regulations, the Fund shall prepare and submit ad hoc reports at the request of the Ministry of Justice or competent state management agencies.

The Fund’s Director shall be held responsible for the accuracy and truthfulness of the contents specified in this Clause.

2. Annually, the Fund shall prepare account-finalization reports and financial statements and submit them to the Ministry of Justice for appraisal and approval.

3. After obtaining approval from the competent authority under the Ministry of Justice, the Fund’s Director shall decide on the audited annual financial statements and submit them to the Ministry of Justice and competent agencies.

4. Annual reports shall be submitted within 90 days from the end of a fiscal year. The reports on audit of the Fund’s annual financial statements prepared by an independent audit organization shall be submitted within 120 days from the end of a fiscal year.

5. The Fund shall carry out financial disclosure in accordance with law.

6. The Fund’s account-finalization figures shall be collated at the State Treasury and the commercial banks where transactions have been conducted and shall be consolidated into financial statements under regulations.

7. The contents of the Fund’s account-finalization reports must be those stated in the assigned state budget estimates and comply with the State Budget Index.

8. The Fund’s unlawful revenues shall be refunded to the payers, unless otherwise provided by law; the Fund’s receivables that have not yet been collected shall be retroactively collected in full; the Fund’s unlawful expenses shall be fully recovered.

9. Reports shall be accompanied by commentaries on the assessment of the results and effectiveness of the Fund’s task performance.

10. The Fund shall comply with the Law on the State Budget and this Decree with respect to the formulation, execution, account-finalization and auditing of capital amounts provided from the state budget as support.

11. Every year, the Ministry of Justice shall report to the competent agency on the implementation of the financial plan of the year, the financial plan for the subsequent year, and the Fund’s revenue-expenditure final accounts for summarization and reporting to the Government.

12. Annually, the Fund shall balance funding sources and prepare budget estimates for activities related to supports and donations and for the Fund’s management activities, and submit them to the Minister of Justice for approval.

13. The Fund shall carry forward to the subsequent year the funding sources for tasks and activities eligible for carry-forward in accordance with the Law on the State Budget and guiding documents.

Article 25. Examination, inspection, auditing and supervision of operations

1. The Fund shall submit to examination, inspection and auditing by competent agencies in accordance with law.

2. The Ministry of Justice shall inspect and supervise the Fund’s operations in respect of the following contents:

a/ The Fund’s operation results;

b/ Estimation, management, use and account-finalization of expenses for supports and donations;

c/ Use of the Fund’s sources for supports and donations and compliance with commitments upon the receipt of supports and donations from the Fund for projects, tasks or activities of tier-I budget-estimating units receiving supports and donations;

d/ Receipt, management and use of supports provided by domestic organizations and individuals to the Fund;

dd/ Other contents falling within the Ministry’s competence.

3. Tier-I budget-estimating units with projects, tasks or activities receiving supports and donations from the Fund shall inspect and supervise their subordinate units receiving supports and donations with respect to the following contents:

a/ Use of supports and donations from the Fund in accordance with law and in adherence to the principles prescribed in Clause 1, Article 18 of this Decree;

b/ Compliance with commitments made upon the receipt of supports and donations.

Chapter IV

ATTRACTION AND ENGAGEMENT OF ORGANIZATIONS AND INDIVIDUALS IN PERFORMANCE OF CERTAIN TASKS AND ACTIVITIES INVOLVED IN LAWMAKING AND LAW ENFORCEMENT

Article 26. Attraction and employment of experts and consulting organizations

1. The heads of subordinate units directly performing tasks/activities have the following tasks and powers:

a/ To select experts and consulting organizations to participate in the performance of tasks/activities, ensuring the satisfaction of the criteria for identifying experts and consulting organizations specified in Clause 3, Article 8 of this Decree;

b/ To decide on cooperation forms and enter into contracts in the form of order placement or task assignment or other forms in accordance with the bidding law;

c/ To evaluate, and take responsibility for results of the evaluation and acceptance testing of, completed products of the tasks, and completed products of each activity under a task.

2. The hiring of foreign experts or consulting organizations shall be applied to the contents on policy consultancy or research support, or for participation in the settlement of international disputes or handling of other legal matters arising in the process of international integration; such hiring shall be approved by competent authorities and must comply with the regulations on protection of state secrets and management of external relations.

3. Experts and consulting organizations are entitled to:

a/ Remuneration and other expenses under contracts, with amounts not exceeding the presumptive expenditure norms provided in Appendix VIII to this Decree, except the case specified in Clause 3, Article 27 of this Decree;

b/ Incentives applicable to experts who are overseas Vietnamese or foreigners under the regulations on attraction of individuals to engage in science-technology, innovation and digital transformation activities;

c/ Commendation and honorable recognition commensurate with their achievements and contributions to Vietnam’s cause of policy and law formulation.

Article 27. Attraction, selection, training and further training of human resources with high professional qualifications and experience in international law and international dispute settlement; and secondment of Vietnamese experts to legal affairs divisions of international organizations, international legal affairs organizations and international judicial bodies

1. Mechanisms for attraction and selection of individuals with high professional qualifications and experience in international law and international dispute settlement must comply with regulations and policies on attraction and preferential treatment of talented people to work in agencies, organizations and units of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and central bodies of socio-political organizations.

2. Mechanisms and policies on training and further training of human resources with high professional qualifications and experience in international law and international dispute settlement must comply with regulations on training and further training of cadres, civil servants and officers of the armed forces. Those who are sent to training or further training courses are entitled to retention of their existing entitlements and policies. In case places of training are not in localities or countries where they work, trainees will be entitled to regimes applicable to persons on domestic or overseas work trips, unless they have received supports or donations from other lawful funding sources.

3. Based on assigned tasks or activities, ministries, ministerial-level agencies, government-attached agencies, other central agencies and local authorities may enter into negotiations and task-based contracts with Vietnamese or foreign jurists, lawyers, experts and scientists who possess experience and expertise and have directly performed similar specific tasks in international law, international dispute settlement, or handling of other legal matters arising in the process of international integration, for performing specific tasks or settling specific cases in adherence to the principle that the remuneration match actual market costs or the type of services/jobs at the time of task or activity performance.

4. Based on assigned tasks or activities and the demand for high-quality human resources in international law and international dispute settlement, ministries, ministerial-level agencies, government-attached agencies, other central agencies or local authorities may nominate Vietnamese experts to work or serve internship in legal affairs divisions of international organizations, international legal affairs organizations or international judicial bodies. In case the nominated persons are cadres, civil servants or officers of the armed forces, they are entitled to retention of their entitlements and policies applied domestically.

In case policies of international organizations, international legal affairs organizations or international judicial bodies require the application of salary and remuneration levels higher than those applicable to staff members of Vietnamese missions abroad, the Prime Minister shall make consideration and decision based on specific schemes.

5. Costs of the secondment of experts to work or serve internship in legal affairs divisions of international organizations, international legal affairs organizations, and international judicial bodies include:

a/ Cost-of-living allowances equivalent to those applicable to staff members of Vietnamese missions abroad who do not hold diplomatic positions and who are non-business administrative cadres, civil servants or public employees (possessing university degree or higher degree) under regulations. Cost-of-living allowance indices shall be determined by grade based on the experts’ salary coefficient applied domestically;

b/ Foreign countries’ insurance for medical examination and treatment during the working or internship period, which must comply with the regulations of the countries where the international organizations, international legal affairs organizations or international judicial bodies are headquartered;

c/ House rentals and airfares equivalent to those applicable to staff members of Vietnamese missions abroad;

d/ Costs in support of the receipt of experts, which must comply with the regulations of international organizations, international legal affairs organizations or international judicial bodies.

Chapter V

IMPLEMENTATION PROVISIONS

Article 28. Organization of implementation

1. Ministers, heads of ministerial-level agencies, government-attached agencies and other central agencies; and, when necessary, chairpersons of provincial-level People’s Councils, and chairpersons of provincial-level People’s Committees shall, within their respective competence, consider and decide on the promulgation of documents guiding the implementation of regimes and policies in accordance with this Decree.

2. The Minister of Justice has the following responsibilities:

a/ Based on the guidelines, policies, directions and administration of the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister, or other competent authorities of the Party, the National Assembly or the Government; the requirements of the National Assembly’s tenure-based legislative orientations and the annual legislative program; programs and plans on formulation of legal documents; and key and priority tasks in the law enforcement, and based on practical conditions, to provide guidance on tasks and activities in the lawmaking and law enforcement that are eligible for the application of special mechanisms and policies referred to in this Decree;

b/ To decide on programs on in-depth training in lawmaking;

c/ To assume the prime responsibility for, and coordinate with competent agencies in, reporting to the Prime Minister on the allocation of budgets for the Fund’s operation; to decide on increases or reductions in the Fund’s operating budgets;

d/ To promulgate the Fund’s Charter; to guide the promulgation of the Fund’s Operation Regulation; to decide on the appointment, reappointment, relief from duty, evaluation, commendation, disciplining of, and regimes and policies applicable to, holders of managerial positions of the Fund;

dd/ To carry out the ranking of the Fund in accordance with law and evaluate and classify the Fund’s operation performance on an annual basis;

e/ To assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Home Affairs, ministries, ministerial-level agencies, government-attached agencies, other central agencies and local authorities in, conducting a preliminary review and reporting to the Government on results of the implementation of the regimes and policies specified in Resolution No. 197/2025/QH15 and this Decree after 3 years from the effective date of this Decree, or within the time limit set by competent authorities.

3. Heads of agencies or units having persons eligible for monthly supports as specified in Clause 1, Article 7 of Resolution No. 197/2025/QH15 shall review, and draw up lists of, persons eligible for monthly supports and submitting them to ministers, heads of ministerial-level agencies, heads of other central agencies, chairpersons of provincial-level People’s Councils and chairpersons of provincial-level People’s Committees for approval, as a basis for proposing budget allocations for 2025 and subsequent years.

4. With respect to the budgets for the implementation of regimes and policies from July 1, 2025, for persons engaged in lawmaking work under Clause 3 of this Article; and the budgets for the formulation of legal documents that are later promulgated or adopted or treaties that are ratified, approved or decided, from July 1, 2025, to December 31, 2025:

a/ The Ministry of Finance shall summarize demands for, and submit them to competent authorities for supplementation of, the budgets for 2025 based on proposals of ministries, ministerial-level agencies, government-attached agencies and other central agencies, on the basis of the lists specified in Clause 3 of this Article; the 2025 Legislative Program; and programs and plans for the formulation of legal documents of the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister, ministries, ministerial-level agencies, government-attached agencies, other central agencies and local authorities;

b/ Provincial-level People’s Councils and People’s Committees shall, within their respective competence, ensure budgets for the implementation of regimes and policies for persons engaged in lawmaking work under Clause 3 of this Article; and ensure budgets for the formulation of legal documents as specified in Sections III.10 and III.11 of Appendix II to Resolution No. 197/2025/QH15, and Clauses 2, 4 and 5, Article 5 of this Decree.

Article 29. Implementation provisions

1. This Decree takes effect on November 6, 2025.

2. Ministers, heads of ministerial-level agencies, government-attached agencies and other central agencies; Chairpersons of provincial-level People’s Councils, Chairpersons of provincial-level People’s Committees, and other related organizations and individuals shall implement this Decree.

Article 30. Transitional provisions

Estimates shall be additionally assigned and payments made based on the presumptive expenditure norms specified in Resolution No. 197/2025/QH15 and this Decree for the following cases:

1. Tasks relating to the formulation of legal documents or treaties that were assigned prior to July 1, 2025, but under approved plans, there are activities performed on or after July 1, 2025;

2. Formulation of legal documents or treaties prior to July 1, 2025, that are promulgated on or after July 1, 2025.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
HO QUOC DUNG

* The Appendices to this Decree are not translated.