THE NATIONAL ASSEMBLY OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIET NAM |
Resolution No. 197/2025/QH15 |
Hanoi, May 17, 2025 |
RESOLUTION
SEVERAL SPECIAL MECHANISMS AND POLICIES THAT CREATE BREAKTHROUGHS IN LAW MAKING AND LAW ENFORCEMENT ORGANIZATION
THE NATIONAL ASSEMBLY
Pursuant to the Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 amended by the Law No. 65/2020/QH14 and Law No. 62/2025/QH15;
Pursuant to the Law on Promulgation of Legislative Documents No. 64/2025/QH15.
HEREBY RESOLVES:
Article 1. Scope
This Resolution provides for some special mechanisms and policies for finance, human resources, development and application of digital technology and digital transformation with the aim of creating breakthroughs in law making and certain tasks and activities of law enforcement organization in direct support of the law making.
Article 2. Tasks and activities eligible for special mechanisms and policies
1. Study strategies and policies to develop viewpoints, guidelines and orientations for law making at agencies of the Communist Party, the State and the Vietnamese Fatherland Front.
2. Formulate and promulgate legislative documents and participate in the making of international laws.
3. Resolve international disputes and address other legal issues arising in the process of international integration.
4. Monitor, provide guidance on and expedite the implementation and institutionalization of the Communist Party's resolutions, directives, and conclusions on the law making work; supervise legislative documents; inspect, review, consolidate and systematize legislative documents and codify the system of legal norms.
5. Hold dialogues, respond to recommendations, legal difficulties and issues of individuals, agencies, organizations, enterprises and localities.
6. Evaluate the effectiveness of laws after promulgation, identify and comprehensively and synchronously handle difficulties and inadequacies caused by legal regulations and organization of law enforcement.
7. Recruit, train, foster and develop high quality personnel in charge of providing advice on law making; attract and retain talents, employ experts and consulting organizations upon law making and conduct of some tasks and activities of law enforcement organization in direct support of law making.
8. Develop and apply digital technology and digital transformation to serve innovation and modernization in law making and law enforcement organization.
Article 3. Principles of applying special mechanisms and policies
1. Ensure the improvement of the quality and effectiveness of law making and law enforcement organization to meet the requirements for national development in the new era.
2. Implement special financial mechanisms and policies with outstanding norms and fixed expenditures on specific tasks and activities; regimes and policies on preferential treatment for those participating in law making and some tasks and activities of law enforcement organization in direct support of law making in association with functions, tasks, activities and job positions.
3. Ensure that special mechanisms and policies are applied to correct beneficiaries, in a public, transparent, effective and economical manner; prevent and combat corruption, waste, misconduct, interests of a particular group and sectional interests, prevent all signs of profiteering during law making, law enforcement organization and implementation of special mechanisms and policies prescribed in this Resolution.
4. Strictly handle acts of corruption, misconduct, interests of a particular group and sectional interests during law making and law enforcement organization in a manner that is appropriate to the nature and severity of violations by way of enforcing the discipline imposed by the Communist Party or the administrative discipline, imposing penalties for administrative violations or initiating criminal prosecution according to regulations of the Communist Party and laws of the State.
Article 4. Budget for implementation of special mechanisms and policies
1. The expenditures on law making must not be less than 0,5% of the total annual state budget expenditure and shall gradually increase to meet the development requirements, including:
a) Expenditures on performing tasks and activities specified in clauses 1, 2, 3, 4, 5, 6 and 7 Article 2 of this Resolution; formulating the tenure-specific legislative orientation of the National Assembly and Annual Legislative Program;
b) Expenditures on implementing regimes and policies on preferential treatment for those participating in law making as prescribed in clause 1 Article 7 of this Resolution;
c) Expenditures on performing tasks and activities specified in Articles 8 and 9 of this Resolution;
d) Provision of charter capital for the Policy and Law Formulation Support Fund;
dd) Expenditures on developing and applying digital technology and digital transformation to serve innovation and modernization in law making and law enforcement organization as prescribed in Article 10 of this Resolution;
e) Expenditures on supporting the law enforcement supervision; supporting investment in facilities and modern working equipment for the formulation and promulgation of legislative documents, and participation in the making of international laws as prescribed in clause 2 Article 2 of this Resolution and supporting organizations studying strategies and policies in the legal field, aiming to keep pace with the ASEAN region.
2. The National Assembly shall decide to assign a budget to the Government to meet the expenditures prescribed in clause 1 of this Article.
The Government shall allocate and assign the budget in a timely manner to sufficiently meet the expenditures specified in clause 1 of this Article. The Prime Minister shall decide the detailed allocation of unallocated Government expenditures to ensure that the budget promptly and fully meets the expenditures in accordance with law.
3. The Standing Committee of the National Assembly shall prescribe the list of tasks, activities and fixed expenditure norms for each task or activity with regard to the verification and approval of legislative documents and verification, ratification and decision on accession to treaties and international organizations as specified in Section I and Section II.1 in the Appendix II to this Resolution.
The Government shall prescribe the list of tasks, activities and expenditure norms for each task or activity with regard to the formulation, drafting, appraisal and submission of legislative documents and each task or activity before the stage of verification, ratification and decision on accession to treaties or international organizations specified in Appendix II to this Resolution.
In addition to the total expenditure on formulation of legislative documents and treaties specified in Appendix II to this Resolution, the fixed expenditure norms specified in this Clause and expenditures on other contents specified in clauses 1 and 4 of this Article are 03 to 05 times higher than the norms for the same expenditures according to applicable regulations.
Where necessary, based on practical situations, the Government shall adjust and supplement the provisions in Appendix II to this Resolution.
4. The application of remunerations and piecework pay and their levels to the performance of tasks and activities specified in clauses 1, 2, 3, 4, 5, 6 and 7 Article 2 of this Resolution shall comply with the Government’s regulations.
5. The state budget shall provide funding for recurrent expenditures and investment expenditures to organizations studying 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 Resolution No. 193/2025/QH15 dated February 19, 2025 of the National Assembly on piloting several special mechanisms and policies to create breakthroughs in the development of science, technology, innovation and national digital transformation, legislative documents elaborating and providing guidance on implementation of the Resolution No. 193/2025/QH15, and amending, supplementing and replacing documents.
7. The head of the agency assigned to perform the tasks and activities specified in Article 2 of this Resolution has the right to proactively decide specific expenditures and change specific expenditures according to the principles specified in Article 3 of this Resolution; be responsible for the use of the assigned budget; ensure that funding is allocated, managed and used in a way that is commensurate with the significance and complexity of the tasks and activities and fully meets the actual needs arising from the performance of tasks and activities; comply with regulations on supervision, inspection and auditing; ensure democracy, publicity and transparency.
8. Organizations and individuals performing tasks and activities specified in Article 2 of this Resolution are exempted from civil liability and not required to return the used funding from the state budget when they have properly and fully implemented relevant contents, procedures and regulations during their performance of the tasks and activities but the results thereof are not achieved or not recognized due to changes to the State’s policies or objective factors or force majeure events.
Article 5. Fixed expenditures on law making
1. State budget for law making shall provide fixed expenditures on each task or activity.
2. The fixed expenditures on each task or activity of formulation of legislative documents or participation in the making of international laws vary according to the total expenditure on formulation of legislative documents and treaties specified in Appendix II to this Resolution and the regulations laid down under clause 3 Article 4 of this Resolution.
Fixed expenditures on performance of tasks and activities involving asset procurement; fixed expenditures on the tasks and activities specified in clauses 1, 2, 3, 4, 5, 6 and 7 Article 2 and clause 4 Article 4 of this Resolution shall comply with the Government’s regulations.
3. The head of the agency or unit assigned to perform the tasks and activities specified in Article 2 of this Resolution has the responsibility to assess and decide completed products within the bounds of their assigned tasks and activities.
Article 6. Policy and Law Formulation Support Fund
1. The Policy and Law Formulation Support Fund (hereinafter referred to as “the Fund”) is an off-budget state financial fund which has juridical personality, is affiliated to the Ministry of Justice and operates on a non-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 create breakthrough, positive, effective, and sustainable changes in law making, including:
a) Tasks and activities of studying and strategic planning in relation to law making;
b) Tasks and activities of studying policies, formulating and promulgating legislative documents and participating in the making of international laws;
c) Tasks and activities of supporting the development of human resources, hiring experts, providing advice and participating in studying and making policies and laws;
d) Organizing and participating in domestic and international legal conferences, seminars and forums;
dd) Supporting the study and formulation of a scheme to draft legislative documents in a centralized and professional manner;
e) Supporting the monitoring of law enforcement; inspection and review of legislative documents;
g) Supporting the implementation of tasks and activities by the Central Steering Committee regarding the perfection of institutions and laws;
h) Supporting other tasks and activities during law making at the request of competent authorities or as decided by the Minister of Justice.
3. The Fund is provided with the charter capital by the state budget as prescribed in clause 1 Article 4 of this Resolution; is entitled to receive lawful off-budget support from domestic organizations and individuals. The Fund may use its account at a State Treasury or commercial bank lawfully operating in Vietnam as per the law.
4. The agency managing the Fund reserves the right to decide fixed expenditures and change specific expenditures according to the principles specified in Article 3 of this Resolution; in a way that suit the needs that arise and actual costs that vary according to market or type of service or work at the time of performing tasks or activities.
In case there is lawful off-budget support from organizations and individuals associated with a specialized goal, the agency managing the Fund must use the correct source of financial support to meet that specialized goal.
5. The receipt of lawful off-budget support from domestic organizations and individuals and the use of the Fund must ensure transparency and publicity and be associated with practicing thrift, preventing and combating corruption, waste, misconduct, interests of a particular group and sectional interests, prevent all signs of profiteering during law making, law enforcement organization; comply with regulations of law on protection of state secrets and management of foreign affairs activities.
Support from organizations and individuals for law making provided to the Fund may be recorded as deductible expenses when determining income subject to corporate income tax and personal income tax.
6. The organization and operation of the Fund shall comply with regulations of the Government.
Article 7. Regimes and policies for persons participating in the law making
1. Persons who directly and regularly provide advice on studying strategies and polies, and making laws at a number of agencies and units are entitled to monthly support equal to 100% of their salary according to the current salary coefficient (excluding allowances), including:
a) Full-time National Assembly deputies;
b) Full-time People's Council delegates at the provincial level;
c) Leaders, officials and officers of the armed forces whose job positions involve the law making, handling of legal issues or resolution of international disputes, researchers of agencies and units specified in Appendix I to this Resolution.
In case any agency or unit specified in Appendix I to this Resolution changes its name, functions or organizational structure, the determination of support beneficiaries as specified in this point shall comply with the Government's regulations;
d) Other individuals of agencies of the Communist Party and Vietnamese Fatherland Front prescribed by competent agencies of the Communist Party;
dd) Other individuals of Ministries, ministerial agencies and local governments prescribed by the Government;
e) Individuals other than those specified in points a, b, c and dd of this clause prescribed by the Standing Committee of National Assembly.
Other individuals entitled to monthly support as specified in points d, dd and e of this clause must be those who directly and regularly provide advice on studying strategies and polies, and making laws and the provision of monthly support to such individuals must conform with the principles set out under Article 3 of this Resolution.
2. The regulation set out in clause 1 of this Article does not apply to persons holding a leadership title or position of a Deputy Minister and equivalent or higher, except for the cases specified in point a and point b clause 1 of this Article.
3. The monthly support prescribed in clause 1 of this Article shall be paid as the same time as the monthly salary and not be used as the basis for social insurance payment and provision of social insurance benefits.
4. Income earned from the law making as prescribed in this Resolution is exempted from personal income tax and other financial obligations to the State.
5. In case a person specified in clause 1 of this Article is eligible for multiple monthly support policies for the same purpose, he/she will only be eligible for the most favorable support policy.
Article 8. Ensuring and improving quality of personnel doing the law making work
1. Any person who holds bachelor’s degree or higher with high distinction in various fields or disciplines and completes an in-depth legislative training program will be given priority when applying to an agency or unit specified in Appendix I to this Resolution.
The in-depth legislative training program shall be provided under decision of the Minister of Justice.
2. Persons performing tasks and activities specified in Article 2 of this Resolution are given priority to attend domestic and foreign training courses suitable for work requirements.
3. Policies and regimes shall be in place to attract, retain, and extend the working period without holding positions of cadres, officials, and officers in the armed forces with high degree of professional expertise and profound practical experience in law making.
4. Cadres, officials and officers of the armed forces, and researchers as prescribed in clause 1 Article 7 of this Resolution shall be given priority upon official arrangement planning, secondment, transfer and rotation between ministries, central and local authorities; are eligible for shorter period of considering salary increase, promotion to a higher pay grade, skip-level pay grade promotion or appointment to a leading or managerial positions on the basis of their competency and performance.
5. Special mechanisms shall be in place to attract, recruit, train and foster personnel with high degree of professional expertise and practical experience in international law and international dispute resolution; send Vietnamese experts to work in the legal departments of international organizations, international legal organizations and international jurisdiction agencies.
Cadres, officials and officers of the armed forces who are selected to join and work in legal departments of international organizations, international legal organizations, and international jurisdiction agencies are entitled to the regimes and policies when joining and working at these international organizations and have their domestic regimes and policies maintained.
6. Heads of agencies managing beneficiaries of the support regime prescribed in points c, d, dd and e clause 1 Article 7 of this Resolution shall organize review, inspection, assessment and screening to satisfy requirements and improve the quality of personnel doing law making work.
Article 9. Attracting and employing organizations and individuals to participate in performing tasks and activities during law making and some tasks and activities of law enforcement organization in direct support of law making
1. Heads of agencies and units performing the tasks and activities specified in Article 2 of this Resolution may decide the criteria for determining experts and consulting organizations; reserves the right to themselves select and decide the method of cooperation and signing of contracts with experts and consulting organizations in performance of tasks and activities in a manner that suits actual costs that vary according to market or according to the type of service or work at the time of performing the tasks and activities; shall be responsible for the quality and results of performance within the bounds of their assigned tasks and activities. In case of hiring foreign experts or foreign consulting organizations to advise and support policy study, the consent of a competent authority must be obtained.
2. The attraction and employment of experts and consulting organizations prescribed in this Article must comply with the provisions of law on protection of state secrets and management of foreign affairs activities.
Article 10. Developing and applying digital technology and digital transformation to serve innovation and modernization during law making and law enforcement organization
1. The application of digital technology and digital transformation for servicing of innovation and modernization during the law making and enforcement organizing includes:
a) Building a big legal database to collect, digitize, and integrate sources of data on the Communist Party's policies and guidelines, dossiers on formulation of legislative documents, legislative documents, treaties to which the Socialist Republic of Vietnam is a signatory and other relevant sources of data to form shared and open data warehouses serving the application of digital technology and digital transformation to the law making and law enforcement organization;
b) Applying artificial intelligence and developing virtual assistants in the conduct of professional operations that support the process innovation and improve the efficiency of management activities during law making and law enforcement organization on the basis of exploiting big legal databases;
c) Developing information technology infrastructure, information systems, and digital platforms to serve management, formulation and promulgation of legislative documents and some tasks and activities of law enforcement organization in direct support of the law making, ensuring information safety and security.
2. Digital technology products and services serving law making and law enforcement organization are key digital technology products and services. Priority shall be given to the investment in, lease or procurement of domestically produced digital technology products and services serving construction activities and law enforcement organization by using the state budget.
3. State budget shall be adequately allocated to formulate and implement the Scheme to build big legal database and the Scheme to apply artificial intelligence the formulation, inspection and review of legislative documents.
Article 11. Organizing implementation
1. The Government shall provide guidelines for the implementation of this Resolution.
2. The Government, Ministries, ministerial agencies, other central and local agencies shall give prominence to their responsibility during law making and law enforcement organization, especially the responsibility of leaders for showing their leadership in and directing the implementation of this Resolution and for inspecting the implementation of this Resolution.
3. The National Assembly, the Standing Committee of the National Assembly, the Ethnic Minorities Council, Committees of the National Assembly, Delegations of the National Assembly deputies, the National Assembly and People's Council deputies, Committees of the People's Council, the People's Council deputies, and the Vietnamese Fatherland Front shall, within the bounds of their tasks and powers, supervise the implementation of this Resolution.
Article 12. Implementation clause
1. This Resolution comes into force from July 01, 2025.
2. Where this Resolution and other laws/resolutions of the National Assembly contain contradictory regulations on the same issue, the regulations of this Resolution shall apply, except for the case specified in clause 3 of this Article.
3. Where another document stipulates a regime or policy which is more favorable than that stipulated in this Resolution, such regime or policy shall apply.
This Resolution was adopted by the 14th National Assembly of Socialist Republic of Vietnam on this 17th of May 2025 during its 9th session.
|
CHAIRMAN OF THE NATIONAL ASSEMBLY |
Appendices
(Promulgated together with the Resolution No. 197/2025/QH15 dated May 17, 2025)
Appendix I
LIST OF AGENCIES AND UNITS HAVING MONTHLY SUPPORT BENEFICIARIES
1. Departments of Legislation under the Central Internal Political Commission, Office of the President, Office of the Government.
2. Specialized Departments of the Ethnic Minorities Council, Committees of the National Assembly.
3. The Commission for Democracy, Supervision and Social Criticism under the Central Committee of the Vietnamese Fatherland Front.
4. Legislation organizations under the Supreme People’s Court, the People’s Supreme Procuracy, and the State Audit Office of Vietnam.
5. Legislation organizations under Ministries, ministerial agencies; Law and International Treaties Department under the Ministry of Foreign Affairs; Department of General Affairs on Legislative Development, Department of Criminal and Administrative Legislation, Department of Economic-Civil Legislation, Department of International Legislation, Department of Examination of Legal Normative Documents and Management of Administrative Violations, Institute for Legal Strategy and Science under the Ministry of Justice.
6. Departments of Justice (Division having the functions of formulating and examining legislative documents, Director of the Department of Justice, 01 Deputy Director of the Department of Justice in charge of formulating and examining legislative documents).
Appendix II
TOTAL EXPENDITURE ON FORMULATION AND PROMULGATION OF LEGISLATIVE DOCUMENTS AND TREATIES
I. LEGISLATIVE DOCUMENTS PROMULGATED BY THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Unit: million dong
No. |
Type of document |
Total |
Formulation, drafting, appraisal, submission (1) |
Verification, approval (2) |
|
Name of document |
Regulated by the Law on Promulgation of Legislative Documents |
|
|
||
1 |
New codes; codes replacing applicable codes |
Article 4, clause 1 of Article 10, point a clause 1 of Article 27 |
14.000 |
70% |
30% |
2 |
New laws; laws replacing applicable laws |
Article 4, clause 1 of Article 10, point a clause 1 of Article 27 |
12.500 |
70% |
30% |
3 |
Laws on amendments and supplements some articles of codes |
Article 4, clause 1 of Article 10, point b clause 1 of Article 27 |
7.000 |
70% |
30% |
4 |
Law on amendments and supplements to some articles of laws which contain contents about derogation of human rights and citizens’ rights in accordance with the Constitution |
Article 4, clause 1 of Article 10, point b clause 1 of Article 27 |
6.500 |
70% |
30% |
5 |
Laws on amendments and supplements to some articles of applicable codes and laws |
Article 4, clause 1 of Article 10, clause 2 of Article 27 |
4.000 |
70% |
30% |
6 |
Pilot resolutions of the National Assembly |
Article 4, point a clause 2 of Article 10, point c clause 1 of Article 27 |
5.000 |
70% |
30% |
7 |
Resolutions of the National Assembly |
Article 4, point b and point c clause 2 of Article 10, clause 2 of Article 27 |
4.000 |
70% |
30% |
8 |
Resolutions of the National Assembly on amendments and supplements to some articles of applicable resolutions |
Article 4, clause 2 of Article 10, clause 2 of Article 27 |
2.000 |
70% |
30% |
9 |
New ordinances; ordinances replacing applicable ordinances |
Article 4, clause 1 of Article 11, point a clause 1 of Article 27 |
4.000 |
70% |
30% |
10 |
Ordinances of the Standing Committee of the National Assembly on amendments and supplements to some articles of applicable ordinances |
Article 4, clause 1 of Article 11, clause 2 of Article 27 |
2.000 |
70% |
30% |
11 |
Resolutions of the Standing Committee of the National Assembly |
Article 4, clause 2 of Article 11 |
2.000 |
70% |
30% |
12 |
Joint resolutions between the Standing Committee of the National Assembly, the Government, the Presidium of Central Committee of Vietnamese Fatherland Front |
Article 4, Article 13, clause 1 of Article 49 |
2.000 |
70% |
30% |
II. TREATIES
Unit: million dong
No. |
Type of document |
Total |
Prior to the stage of verification, ratification, decision on accession to treaties/international organizations (1) |
Verification, ratification, decision on accession to treaties/international organizations (2) |
1 |
Treaties, accession to international organizations required to be ratified as prescribed by the Law on Treaties |
2.000 |
80% |
20% |
2 |
Treaties, accession to international organizations not required to be ratified as prescribed by the Law on Treaties |
1.600 |
100% |
|
III. LEGISLATIVE DOCUMENTS NOT PROMULGATED BY THE NATIONAL ASSEMBLY AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Unit: million dong
No. |
Type of document |
Total (1) |
|
Name of document |
Regulated by the Law on Promulgation of Legislative Documents |
|
|
1 |
Orders, decisions of the State President |
Article 4, Article 12, Article 44 |
150 |
2 |
Decrees |
Article 4, point c clause 1 of Article 14 |
1.800 |
3 |
Decrees |
Article 4, point a and point b clause 1 of Article 14 |
1.000 |
4 |
Resolutions of the Government |
Article 4, point c clause 2 of Article 14 |
450 |
5 |
Resolutions of the Government |
Article 4, point a and point b clause 2 of Article 14 |
400 |
6 |
Decisions of the Prime Minister |
Article 4, Article 15 |
400 |
7 |
Resolutions of the Council of Justices of the People’s Supreme Court |
Article 4, clause 1 of Article 16, clause 1 of Article 46 |
350 |
8 |
Circulars |
Article 4, clause 2 of Article 16, Article 17, Article 18, Article 19, clause 2 of Article 46 |
350 |
9 |
Joint circulars |
Article 4, Article 20, clause 2 of Article 49 |
350 |
10 |
Resolutions of People’s Councils of provinces |
Article 4, clause 1 of Article 21 |
250 |
11 |
Decisions of People’s Committees of provinces |
Article 4, clause 2 of Article 21 |
100 |
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