Resolution 197/2025/QH15 on special mechanisms and policies in lawmaking

RESOLUTION

On a number of special mechanisms and policies to create breakthroughs in lawmaking and law enforcement activities^[1]

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 57/2014/QH13 on Organization of the National Assembly, which has a number of articles amended and supplemented under Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

Pursuant to Law No. 64/2025/QH15 on Promulgation of Legal Documents.

RESOLVES:

Article 1. Scope of regulation

This Resolution stipulates a number of special mechanisms and policies on finance, human resources, development and application of digital technology and digital transformation to create breakthroughs in lawmaking and a number of law enforcement tasks and activities that directly support lawmaking activities.

Article 2. Tasks and activities to which special mechanisms and policies are applied

1. Researching into strategies and policies to develop viewpoints, guidelines, policies and orientations on lawmaking at agencies of the Party, the State and the Vietnam Fatherland Front.

2. Formulating and promulgating legal documents and participating in the formulation of international law.

3. Settling international disputes and addressing other legal issues arising in the process of international integration.

4. Monitoring, guiding and urging the implementation and institutionalization of the Party’s resolutions, directives and conclusions on lawmaking; overseeing legal documents; examining, reviewing, consolidating and systematizing legal documents and codifying the system of legal norms.

5. Organizing dialogues, settling recommendations, and reporting difficulties and legal problems faced by individuals, agencies, organizations, enterprises and localities.

6. Evaluating the effectiveness of laws after they are promulgated and identifying and comprehensively and consistently handling difficulties and inadequacies arising from laws and law enforcement.

7. Recruiting, training, further training and developing high-quality human resources for lawmaking advisory work; attracting and employing talents, and engaging experts and consultancy organizations in lawmaking and in a number law enforcement tasks and activities directly supporting lawmaking activities.

8. Developing and applying digital technology and digital transformation in service of innovation and modernization of lawmaking and law enforcement activities.

Article 3. Principles for application of special mechanisms and policies

1. To ensure the improvement of the quality and effectiveness of lawmaking and law enforcement activities so as to meet the requirements of national development in the new era.

2. To implement special financial mechanisms and policies with exceptional norms and lump-sum allocation of expenditures based on tasks and activities; to apply regimes and policies on incentives for persons participating in lawmaking and a number of law enforcement tasks and activities directly supporting lawmaking activities, in association with their functions, tasks, activities and job positions.

3. To ensure that special mechanisms and policies are applied to the proper beneficiaries in a public, transparent, effective and economical manner; to prevent and combat corruption, waste, negative practices, group interests and localism as well as all forms of profiteering in lawmaking and law enforcement activities, and the implementation of special mechanisms and policies prescribed in this Resolution.

4. To strictly handle acts of corruption, negative practices, group interests and localism in lawmaking and law enforcement activities in correspondence with the nature and severity of violations, in the form of discipline within the Party, administrative discipline, administrative handling, and criminal handling according to the Party’s regulations and the State’s laws.

Article 4. Budget funds for implementation of special mechanisms and policies

1. Expenditures for lawmaking work must not be lower than 0.5% of the total annual state budget expenditure and shall be gradually increased in line with development requirements, including:

a/ Expenditures for the performance of the tasks and activities specified in Clauses 1 thru 7, Article 2 of this Resolution; and for the formulation of the legislative orientations for the whole tenure of the National Assembly and its annual legislative programs;

b/ Expenditures for the implementation of regimes and policies applicable to persons participating in lawmaking work as provided in Clause 1, Article 7 of this Resolution;

c/ Expenditures for the performance of the tasks and activities specified in Articles 8 and 9 of this Resolution;

d/ Expenditures for allocation of the charter capital to the Fund for Support of Policy and Law Formulation;

dd/ Expenditures for the development and application of digital technology and digital transformation in service of the innovation and modernization of lawmaking and law enforcement activities as specified in Article 10 of this Resolution;

e/ Expenditures for supporting the oversight of law enforcement activities; supporting investment in facilities and modern equipment to serve the formulation and promulgation of legal documents; participating in the formulation of international law as specified in Clause 2, Article 2 of this Resolution; and studying strategies and policies in the law field with a view to reaching the level of the ASEAN region.

2. The National Assembly shall decide to assign to the Government the budget level to ensure the expenditures specified in Clause 1 of this Article.

The Government shall allocate and assign the budget funds in a timely manner, ensuring sufficient funds for the expenditures specified in Clause 1 of this Article. The Prime Minister shall decide on the detailed allocation of expenditures not yet allocated by the Government in order to ensure timely and sufficient funding in accordance with law.

3.  The National Assembly Standing Committee shall prescribe the list of tasks and activities and the expenditure quotas for each task and activity with respect to the verification and approval of legal documents, and the verification, ratification of, and decision on accession to, treaties and international organizations as specified in Sections I and II.1 of Appendix II to this Resolution.

The Government shall prescribe the list of tasks and activities and the expenditure quotas for each task and activity with respect to the formulation, drafting, appraisal and submission of legal documents, and each task and activity prior to the stage of verification, ratification, and decision on accession to treaties and international organizations as specified in Appendix II to this Resolution.

In addition to the total expenditures for the formulation of legal documents and treaties as specified in Appendix II to this Resolution, the expenditure quotas specified in this Clause and the expenditures for other contents as provided in Clauses 1 and 4 of this Article shall be 3 to 5 times the expenditure quotas for the same contents under current regulations.

If necessary, based on practical situations, the Government shall adjust and supplement the provisions of Appendix II to this Resolution.

4. The application of remuneration, contract work-based payment, and the payment levels thereof in performance of the tasks and implementation of the activities specified in Clauses 1 thru 7, Article 2 of this Resolution must comply with the Government’s regulations.

5. The state budget shall ensure recurrent expenditures and investment expenditures for organizations conducting research in strategies and policies in the legal field.

6. The mechanisms and policies for the tasks and activities specified in Clause 8, Article 2, and Article 10, of this Resolution shall be implemented in accordance with the National Assembly’s Resolution No. 193/2025/QH15 of February 19, 2025, on pilot implementation of a number of special mechanisms and policies to create breakthroughs in the development of science, technology, innovation and national digital transformation; legal documents detailing and guiding the implementation of Resolution No. 193/2025/QH15; and amending, supplementing or replacing documents.

7. Heads of the agencies assigned to perform the tasks and activities specified in Article 2 of this Resolution may proactively decide on, and change, the content of expenditures in adherence to the principles specified in Article 3 of this Resolution; be responsible for the use of the assigned budget funds; ensure that the allocation, management and use of funds are commensurate with the importance and complexity of tasks and activities and fully meet the actual needs arising in the performance of tasks and activities; comply with regulations on supervision, examination and auditing; and ensure democracy, publicity and transparency.

8. Organizations and individuals performing the tasks and activities specified in Article 2 of this Resolution shall be exempt from civil liability and shall not be required to refund the used state budget funds if they have fully and properly complied with the law-specified contents and procedures and relevant regulations in performing such tasks and activities, but the outcomes thereof are unsatisfactory or not recognized due to changes in the State’s policies or as a result of objective factors or force majeure events.

Article 5. Allocation of lump-sum expenditures for lawmaking work

1. State budget funds for lawmaking work shall be allocated to each task or activity as lump-sum expenditures.

2. The allocation of lump-sum expenditures for tasks and activities of formulation of legal documents and participation in the formulation of international law shall be carried out based on the total expenditure levels for drafting legal documents and treaties specified in Appendix II to this Resolution, and in pursuance to Clause 3, Article 4 of this Resolution.

The allocation of lump-sum expenditures for the performance of tasks and activities involving asset procurement; and the allocation of lump-sum expenditures for the tasks and activities specified in Clauses 1 thru 7, Article 2 and Clause 4, Article 4 of this Resolution must comply with the Government’s regulations.

3. The heads of agencies and units assigned to perform the tasks and activities specified in Article 2 of this Resolution shall assess and decide on completed products within the scope of their assigned tasks and activities.

Article 6. Fund for Support of Policy and Law Formulation

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

2. The Fund aims to support and finance projects, tasks and activities that are not funded by the state budget or require additional funding to generate breakthrough, positive, effective and sustainable changes in lawmaking, including:

a/ Tasks and activities of research and strategic planning for lawmaking;

b/ Tasks and activities of policy research, formulation and promulgation of legal documents, and participation in the formulation of international law;

c/ Tasks and activities of supporting human resource development, engaging experts and consultancy organizations in the research and formulation of policies and laws;

d/ Organizing and participating in domestic and international legal conferences, seminars and forums;

dd/ Supporting the research and formulation of a Scheme on centralized and professional drafting of legal documents;

e/ Supporting certain activities of law enforcement oversight; and the examination and review of legal documents;

g/ Supporting the performance of tasks and activities of the Central Steering Committee on Institutional and Legal Improvement;

h/ Supporting other lawmaking tasks and activities at the request of competent authorities or as decided by the Minister of Justice.

3. The Fund shall have its charter capital allocated from the state budget as prescribed in Clause 1, Article 4 of this Resolution, and may receive support from lawful non-budget sources contributed by domestic organizations and individuals. The Fund may open accounts at the State Treasury and at commercial banks lawfully operating in Vietnam in accordance with law.

4. The agency managing the Fund may allocate lump-sum expenditures and adjust expenditure contents in adherence to the principles specified in Article 3 of this Resolution, and in conformity with actual needs and actual costs based on the market or the type of services or jobs at the time of task and activity performance.

In case lawful supports from non-budget sources of organizations and individuals are received in association with specific thematic objectives, the agency managing the Fund shall properly use the supports for such thematic objectives.

5. The receipt of lawful supports from non-budget sources of domestic organizations and individuals and the use of the Fund must ensure transparency and publicity, and be associated with thrift practice and the prevention and combat of corruption, waste, negative practices, group interests and localism, as well as the prevention of all forms of profiteering in lawmaking and law enforcement activities; and must comply with the laws on protection of state secrets and the management of external activities.

Supports provided by organizations and individuals to the Fund for lawmaking work shall be regarded as deductible expenses in determining incomes subject to corporate income tax and personal income tax.

6. The organization and operation of the Fund must comply with the Government’s regulations.

Article 7. Regimes and policies applicable to persons engaged in lawmaking activities

1. Persons directly and regularly engaged in advisory work on strategies, policies and lawmaking in a number of agencies and units shall be entitled to a monthly support equal to 100% of their coefficient-based current salary (exclusive of allowances), including:

a/ Full-time deputies of the National Assembly;

b/ Full-time deputies of provincial-level People’s Councils;

c/ Leaders, civil servants, and commissioned officers of the armed forces holding positions related to lawmaking, legal affairs, review of legal documents, or settlement of international disputes, and researchers of the agencies and units specified in Appendix I to this Resolution. In case an agency or unit specified in Appendix I to this Resolution undergoes changes in its name, functions or organizational model, the identification of the subjects entitled to the support specified at this Point must comply with the Government’s regulations;

d/ Other staffs of agencies of the Party and the Vietnam Fatherland Front as prescribed by competent Party agencies;

dd/ Other staffs of ministries, ministerial-level agencies and local administrations as prescribed by the Government;

e/ Staffs other than those specified at Points a, b, c, d and dd of this Clause as prescribed by the National Assembly Standing Committee.

The determination of other subjects entitled to monthly supports under Points d, dd and e of this Clause must ensure that they are persons directly and regularly engaged in advisory work on strategies, policies and lawmaking, in adherence to the principles specified in Article 3 of this Resolution.

2.  Clause 1 of this Article shall not apply to persons holding positions or titles from Deputy Minister or equivalent and higher, except the cases specified at Points a and b, Clause 1 of this Article.

3. The monthly support specified in Clause 1 of this Article shall be paid together with salary and shall not serve as a basis for calculating social insurance premiums and enjoying social insurance benefits.

4. Income from lawmaking activities prescribed in this Resolution shall be exempt from personal income tax and other financial obligations toward the State.

5. In case a person specified in Clause 1 of this Article is concurrently eligible for multiple monthly supports with the same purpose, he/she shall only be entitled to the highest support level.

Article 8. Ensuring, and improving the quality of, human resources engaged in lawmaking activities

1. Those who have graduated with distinction from university or higher levels in various fields, disciplines and professions, and who have completed specialized training programs on lawmaking, shall be given priority in consideration for recruitment into the agencies and units specified in Appendix I to this Resolution.

Specialized training programs on lawmaking shall be organized under the Minister of Justice’s decisions.

2. Persons performing the tasks and activities specified in Article 2 of this Resolution shall be given priority for nomination to attend domestic and overseas training and further training courses in conformity with work requirements.

3. To apply policies and regimes to attract, employ, and extend the working period without holding position to, cadres, civil servants, and commissioned officers of the armed forces with high professional qualifications and profound practical experience in lawmaking.

4. Cadres, civil servants, commissioned officers of the armed forces, and researchers specified in Clause 1, Article 7 of this Resolution shall be given priority in personnel planning, secondment, assignment and rotation among ministries, sectors, and localities; entitled to shortening of the period required for consideration for salary raise, promotion to higher ranks, promotion beyond ranks, or appointment to leading and managerial positions, based on results of evaluation of capacity and work performance.

5. To implement special mechanisms to attract, recruit, train and further train human resources who possess high professional qualifications and practical experience in terms of international law and resolution of internatiomal disputes; to appoint Vietnamese experts to work at legal affairs sections of international organizations, international legal organizations and international judicial bodies.

Cadres, civil servants, and commissioned officers of the armed forces selected to participate in or work for legal affairs departments of international organizations, international legal organizations, or international judicial bodies shall be entitled to regimes and policies during their participation in and work at such organizations, while retaining their domestic regimes and policies.

6. Heads of agencies managing persons entitled to the support regimes specified at Points c, d, dd and e, Clause 1, Article 7 of this Resolution shall organize the review, examination, evaluation and screening in order to meet requirements and improve the quality of human resources engaged in lawmaking work.

Article 9. Attraction and use of organizations and individuals to perform tasks and activities in lawmaking and a number of tasks and activities of law enforcement directly supporting lawmaking work

1. Heads of agencies and units performing the tasks and activities specified in Article 2 of this Resolution may themselves decide on the criteria for identifying experts and consultancy organizations; select, decide on cooperation methods, and enter into contracts with experts and consultancy organizations in performing tasks and activities, in conformity with actual market costs or the type of services and jobs at the time of performing the tasks or activities and shall take responsibility for the quality and results thereof within the scope of tasks and activities assigned to them. If hiring foreign experts or foreign consultancy organizations to provide consultancy or support for policy research, approval from competent authorities shall be required.

2. The attraction and use of experts and consultancy organizations specified in this Article must comply with the laws on protection of state secrets and management of external activities.

Article 10. Development and application of digital technology and digital transformation in service of innovation and modernization of lawmaking and law enforcement activities

1. The application of digital technology and digital transformation to serve the innovation and modernization of lawmaking and law enforcement activities covers:

a/ Establishing a big data database on law to collect, digitize and integrate sources of data on the Party’s guidelines and policies, dossiers of formulation of legal documents, legal documents, and treaties to which the Socialist Republic of Vietnam is a contracting party, and other related data sources, so as to form shared-use and open data repositories serving the application of digital technology and digital transformation in lawmaking and law enforcement activities;

b/ Applying artificial intelligence and developing virtual assistants in professional activities to renovate processes and improve efficiency in managing lawmaking and law enforcement activities, based on the exploitation of big data sources on law;

c/ Developing information technology infrastructure, information systems and digital platforms serving the management, formulation and promulgation of legal documents and a number of law enforcement tasks and activities directly supporting lawmaking work, ensuring information safety and security.

2. Digital technology products and services serving lawmaking and law enforcement activities are regarded as key digital products and services. Domestically produced digital technology products and services serving lawmaking and law enforcement activities shall be prioritized for investment, procurement and use with state budget funds.

3. Adequate funds shall be allocated from the state budget for the formulation and implementation of the Scheme on building of a big data database on law and the Scheme on application of artificial intelligence in formulation, review and scrutiny of legal documents.

Article 11. Organization of implementation

1. The Government shall guide the implementation of this Resolution.

2. The Government, ministries, ministerial-level agencies, other central agencies and localities shall enhance responsibility in lawmaking and law enforcement activities, especially the responsibility of the heads in leading and directing the implementation and inspection of the implementation of this Resolution.

3. The National Assembly, the National Assembly Standing Committee, the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, and People’s Councils, Boards of People’s Councils, People’s Council deputies, and the Vietnam Fatherland Front shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

Article 12. Implementation provisions

1. This Resolution takes effect from July 1, 2025.

2. In case there are different provisions on the same issue between this Resolution and other laws or resolutions of the National Assembly, the provisions of this Resolution shall prevail, except the case specified in Clause 3 of this Article.

3. In case another document has provisions on mechanisms and policies that are more preferential than those specified in this Resolution, such mechanisms and policies shall prevail.

This Resolution was adopted on May 17, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

Chairman of the National Assembly
TRAN THANH MAN

Appendices

(To Resolution No. 197/2025/QH15 of May 17, 2025)

Appendix I

LIST OF AGENCIES AND UNITS WHOSE PERSONNEL ARE ENTITLED TO MONTHLY SUPPORT

1. The Department of Legal Affairs under the Party Central Committee’s Internal Affairs Commission, the Office of the President, and the Government Office.

2. Specialized Departments of the Ethnic Council and Committees of the National Assembly.

3. The Department of Democracy, Supervision and Social Criticism under the Central Committee of the Vietnam Fatherland Front.

4. Legal affairs organizations under the Supreme People’s Court, the Supreme People’s Procuracy and the State Audit Office of Vietnam.

5. Legal affairs organizations under ministries and ministerial-level agencies; the Department of Law and Treaties under the Ministry of Foreign Affairs; and the Department of Legal Document Formulation, the Department of Criminal and Administrative Law, the Department of Civil-Economic Law, the Department of International Law, the Department of Legal Document Examination and Administrative Violation Handling Management, and the Institute of Legal Science and Strategy under the Ministry of Justice.

6. Provincial-level Departments of Justice (the division in charge of formulating and examining legal documents; the Director of the provincial-level Department of Justice; and one Deputy Director of the provincial-level Department of Justice who is in charge of formulating and examining legal documents).

Appendix II

LIST OF TOTAL EXPENDITURES FOR FORMULATION OF LEGAL DOCUMENTS AND TREATIES

I. LEGAL DOCUMENTS PROMULGATED BY THE NATIONAL ASSEMBLY AND THE NATIONAL ASSEMBLY STANDING COMMITTEE

Unit of calculation: VND million

 II.  TREATIES

Unit of calculation: VND million

III. LEGAL DOCUMENTS NOT PROMULGATED BY THE NATIONAL ASSEMBLY OR THE NATIONAL ASSEMBLY STANDING COMMITTEE

Unit of calculation: VND million