THE NATIONAL ASSEMBLY OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Resolution No. 197/2025/QH15
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Hanoi, May 17, 2025
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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
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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.
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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;
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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.
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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
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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.
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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;
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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.
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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
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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
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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.
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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.
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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
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(1)
Verification, approval
(2)
Name of document
Regulated by the Law on Promulgation of Legislative
Documents
1
New codes; codes
replacing applicable codes
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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%
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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
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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
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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%
...
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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
...
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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
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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%
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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
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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
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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
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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
...
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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
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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
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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
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100