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MINISTRY
OF FINANCE – MINISTRY OF JUSTICE – GOVERNMENT OFFICE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
92/2014/TTLT-BTC-BTP-VPCP
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Ha Noi, 14 July
2014
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JOINT-CIRCULAR
GUIDING
THE PREPARATION OF COST ESTIMATES, MANAGEMENT AND BALANCE OF THE STATE FUNDS
FOR THE PREPARATION OF LEGAL DOCUMENTS AND LEGAL SYSTEM REFINING
Pursuant to governmental Decree No.
60/2003/ND-CP dated 6 June 2003 detailing and giving guidance on the implementation
of the State Fund Law;
Pursuant to governmental Decree No.
24/2009/ND-CP dated 5 March 2009 regarding detailed regulations and
implementation of the Law on Legal Document Issuance;
Pursuant to governmental Decree No.
59/2012/ND-CP dated 23 July 2012 regarding law enforcement monitoring;
Pursuant to governmental Decree No.
215/2013/ND-CP dated 23 December 2013 regulating the functions, duties,
authority and organizational structure of the Ministry of Finance;
Pursuant to governmental Decree No. 22/2013/ND-CP
dated 13 March 2013 regulating the functions, duties, authority and
organizational structure of the Ministry of Justice;
Pursuant to governmental Decree No.
74/2012/ND-CP dated 29 September 2012 regulating the functions, duties,
authority and organizational structure of the Government Office;
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Article 1. Governing scope
This Joint-circular gives guidance on the
preparation of cost estimates, management, use and balance of the state funds
for legal document preparation (hereafter referred to as “documents”) and legal
system refining to be carried out by various agencies, which address the
following documents:
1. Laws, resolutions issued by the National
Assembly.
2. Ordinances, resolutions issued by the Standing
Committee of the National Assembly.
3. Orders, decisions issued by the President.
4. Decrees issued by the Government.
5. Decisions issued by the Prime Minister.
6. Resolutions issued by the Jury of the Supreme
People’s Court; circulars issued by the Judge of the Supreme People’s Court.
7. Circulars issued by the Director of the People’s
Supreme Procuracy.
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9. Decisions issued by the State Audit of Vietnam.
10. Inter-resolutions jointly issued by the
Standing Committee of the National Assembly or Government and central
authorities of socio-economic organizations.
11. Joint-circulars jointly issued by the Judge of
the Supreme People’s Court and the Director of the People’s Supreme Procuracy;
Ministers and/or Heads of ministerial-level agencies and the Judge of the
Supreme People’s Court, Head of the People’s Supreme Procuracy; Ministers,
Heads of ministerial-level agencies.
12. Other legal documents promulgated in accordance
with the Law on legal document issuance (excluding those issued by the People’s
Councils, People’s Committees).
Article 2. Principles for
preparation of cost estimates, management, use and balance of the funds
1. The funds allocated from the state budget to
ensure legal document preparation and legal system refining will be included in
the cost estimates for regular expenditure of the related agencies. In addition
to such funds, an additional fund is allocated from the state budget to support
the development of the projects related to laws and/or ordinances, including the
law and/or ordinance preparation plans to be notified and provided to the
agencies, units that preside the drafting, appraisal, examination of the
mentioned law and/or ordinance projects.
2. Preparation of the cost estimates, management,
use and balance of the funds to ensure legal document preparation and legal
system refining will adhere to the State Budget Law, detailing and/or guiding
documents regarding the enforcement of the State Budget Law and this
Joint-circular.
3. Fund allocation to ensure legal document
preparation and legal system refining for related agencies, units will adhere
to the official and supplemented programs and/or plans of the year, assured to
be in line with the action plan progress and within the allocated fund. In case
a legal document is to be issued urgently, not yet scheduled in the annual
legal document preparation plan of the National Assembly, Government and in
case a legal document scheduled for issuance is delayed till the following year
or temporarily suspended, the agencies and/or units leading the drafting will
timely notify such to the Ministry of Finance, National Assembly office,
Government Office, Ministry of Justice for appropriate cost summarization,
supplementation and modification.
4. The funds to ensure legal document preparation
and legal system refining will be used for proper purposes, in accordance with
the content, regimes and spending norms as regulated by the related laws on
financial expenditure regimes and the regulations herein.
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Article 3. Activities and cost
items for legal document preparation and legal system refining
1. The activities related to legal document
preparation and legal system refining to be funded from the state budget
include:
a) Study and/or preparation of the legal document
preparation proposals;
b) Proposals related to law, ordinance preparation
plans; tentative governmental decree preparation plans; legal document
preparation plans of related ministries and/or departments and task assignment;
c) Actual surveys, study, evaluation and/or
summarization during the preparation of the proposals on legal document
preparation, drafting and law enforcement;
d) Legal document drafting;
dd) Evaluation on the legal document effects;
e) Opinion polls on legal document projects, draft
legal documents; polls addressing the vulnerable subjects directly affected by
the mentioned projects and draft documents;
g) Commenting, appraising the legal document
projects, draft legal documents;
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i) Legal document review and/or systemization to
directly support the legal document preparation and legal system refining;
k) Legal document announcement;
l) Translating legal documents into foreign
languages, ethnic minority languages;
m) Evaluation of the post-enforcement effects;
n) Monitoring and/or evaluation on law enforcement.
2. Depending on the nature, complication of every
activity related to legal document preparation and legal system refining as
defined in Clause 01 of this Article, the agencies and/or units assigned to
take the lead will make payment for the following items:
a) Collecting, review and evaluating the legal
documents;
b) Translating, editing the materials, documents in
foreign language, ethnic minority languages into Vietnamese and vice versa;
c) Actual theoretic study, evaluation and
summarization of the issues related to the process of legal document
preparation and legal system refining;
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dd) Organizing meetings, workshops, discussions,
seminars to directly support the activities related to legal document
preparation and legal system refining;
e) Preparing the drafts, written explanations,
written submission; various reports on theoretic study and making actual
evaluation and/or summarization; the reports on legal document effects; draft
proposals on legal document preparation; draft proposals and/or plans related
to legal document preparation and legal system refining;
g) Remuneration payable to the people involving in
the research and/or consulting related to legal document preparation and legal
system refining;
h) Allowances related to comments and/or
consultation on legal document preparation proposals; proposals on, plans for
legal document preparation; comments, appraisal and/or examination of legal
document projects, drafts;
i) Organizing workshops for draft legal document
introduction, opinion polls from the public and the subjects directly affected
by the such legal documents;
k) Amending and/or refining various drafts, written
explanations, written submissions; reports; draft legal document preparation
proposals; drafting the legal document preparation proposals, plans and drafts;
l) Costs on activities related to the announcement
of the laws, ordinances and legal documents signed by the competent authorities
for promulgation;
m) Organizing the post-enforcement evaluation of
the document effects;
n) Organizing the monitoring of law enforcement
situation;
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Article 4. Limits on
expenditures on activities related to legal document preparation and legal
system refining
Limits on particular expenditures on activities
related to legal document preparation and legal system refining which are
covered by the state budget are specified below:
1. Expenditures on preparation of detailed legal
document drafting plans
a) With regard to laws, ordinances:
Project on replacing or drafting a new
law/ordinance: up to VND 4,500,000/ plan;
Projects on amended and/or supplemented laws,
ordinances: up to VND 3,800,000/ plan;
b) With regard to to resolutions issued by the
National Assembly, Standing Committee of the National Assembly; governmental
decrees, inter-resolutions jointly issued by the Standing Committee of the
National Assembly or Government and the Central agencies of socio-political
organizations:
New or replaced legal document drafting: up to VND
3,000,000/ plan;
Amended and/or supplemented legal document
preparation: up to VND 2,300,000/ plan;
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New or replaced legal document drafting: up to VND
2,300,000/ plan;
Amended and/or supplemented legal document
drafting: up to VND 1,500,000/ plan;
d) With regard to to joint-circulars jointly issued
by the Judge of the Supreme People’s Court and Director of the People’s Supreme
Procuracy; Ministers and/or Heads of ministerial-level agencies and the Judge
of the Supreme People’s Court and/or the Director of the People’s Supreme
Procuracy; different Ministers and/or Heads of ministerial-level agencies:
New or replaced legal document drafting: up to VND
1,500,000/ plan;
Amended and/or supplemented legal document
drafting: up to VND 1,000,000/ plan;
dd) With regard to to circulars issued by Ministers
and/or Heads of ministerial-level agencies; resolutions by the Jury of the
Supreme People’s Court, circulars of the Judge of Supreme People’s Court;
circulars by the Director of the People’s Supreme Procuracy; decisions by the
State Audit of Vietnam:
New or replaced legal document drafting: up to VND
1,000,000/ plan;
Amended and/or supplemented legal document
drafting: up to VND 800,000/ plan;
2. Costs for legal document drafting
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New or replaced law, ordinance drafting projects:
up to VND 12,00,000/ plan;
Projects on amended and/or supplemented laws,
ordinances: up to VND 7,500,000/ plan;
b) With regard to to resolutions issued by the
National Assembly, Standing Committee of the National Assembly; governmental
decrees, inter-resolutions jointly issued by the Standing Committee of the
National Assembly or Government and the Central agencies of socio-political
organizations:
New or replaced legal document drafting: up to VND
7,500,000/ draft document;
Amended and/or supplemented legal document
drafting: up to VND 4,500,000/ draft document.
c) With regard to to decisions issued by the Prime
Minister:
New or replaced legal document drafting: up to VND
6,000,000/ draft document;
Amended and/or supplemented legal document
drafting: up to VND 3,000,000/ draft document.
d) With regard to to joint-circulars jointly issued
by the Judge of the Supreme People’s Court and the Director of the People’s
Supreme Procuracy; Ministers and/or Heads of ministerial-level agencies and the
Judge of the Supreme People’s Court and/or the Director of the People’s Supreme
Procuracy; different Ministers and/or Heads of ministerial-level agencies:
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Amended and/or supplemented legal document
drafting: up to VND 2,000,000/ draft document;
dd) With regard to to circulars issued by Ministers
and/or Heads of ministerial-level agencies; resolutions by the Jury of the
Supreme People’s Court, circulars of the Judge of Supreme People’s Court;
circulars by the Director of the People’s Supreme Procuracy; decisions by the
State Audit of Vietnam:
New or replaced legal document drafting: up to VND
3,000,000/ draft document;
Amended and/or supplemented legal document
drafting: up to VND 2,000,000/ draft document;
3. Preparation costs of the reports to support
legal document drafting and legal system refining
a) Summary comment reports; reports on explanation,
comment and/or appraisal comment internalization: up to VND 1,500,000/ report
b) Reports on comments, evaluation from critics,
from members of the appraisal committee, from workshops as ordered by the
leading drafting agencies and/or units:
New or replaced law and/or ordinance projects: up
to VND 1,500,000/ report;
Amended/supplemented law and/or ordinance projects:
up to VND 1,000,000/ report;
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c) Reports on legal document effect evaluation:
Preliminary reports on legal document effects: up
to VND 4,000,000/ report;
Overall reports on legal document effects: up to
VND 5,000,000/ report;
Detailed reports on legal document effects: up to
VND 6,000,000/ report;
d) Reports on law enforcement monitoring:
Summary reports on law enforcement monitoring to be
submitted by the Ministry of Justice, as the leading agency, to the Government:
up to VND 12,000,000/ report;
Annual reports on law enforcement monitoring
prepared by Ministries and regulatory bodies: up to VND 8,000,000/ report;
Specialized reports on law enforcement monitoring:
up to VND 5,000,000/ report;
Ad-hoc reports on law enforcement monitoring: up to
VND 3,000,000/ report;
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a) Commenting documents:
New or replaced law, ordinance preparation
projects: up to VND 1,000,000/ document;
Projects on amended and/or supplemented laws,
ordinances: up to VND 700,000/ document;
Remaining legal documents: up to VND 500,000/
document;
b) Appraisal and/or examination reports:
Law, ordinance preparation projects: up to VND
1,500,000/ report;
Preparation of the circulars, decisions issued by
the State Audit of Vietnam: up to VND 500,000/ report;
5. Modification for finalizing research outlines,
reports, written explanations, written submissions: up to VND 500,000/
modification time.
6. Modification of draft legal documents: up to VND
600,000/ modification time.
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a) Attendants of meetings, workshops, discussions
and/or seminars to support project drafting and/or planning, legal document
effect evaluation, legal document commenting, appraising and/or examination;
law enforcement enquiries, surveys, monitoring and/or evaluation:
Presiding attendants: up to VND 150,000/ attendant/
meeting;
Attendants: up to VND 100,000/ attendant/ meeting;
Written opinions of attendants: up to VND 500,000/
document;
b) Attendants of press conferences to announce the
laws, ordinances and legal documents signed by the competent authorities for
promulgation:
Presiding attendants: up to VND 150,000/ attendant/
meeting;
Attendants: up to VND 70,000/ attendant/ meeting;
8. Costs for legal document translation and editing
Translating legal documents from a foreign language
to Vietnamese: up to VND 120,000/ page (350 words);
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Translating legal documents from Vietnamese to an
ethnic minority language: up to VND 100,000/ page (350 words);
Editing the translated legal documents: up to VND
40,000/ page (350 words);
With regard to unpopular languages, translation
costs may be increased by up to 30% compared to the above-mentioned translation
rates.
9. Allowances payable to independent specialists’
consultation
In cases of legal document preparation proposals;
document preparation proposals and/or plans; legal document explanation,
submission, drafting and specialized reports, on complicated fields which
require consultation and/or critics from independent specialist, the maximum
expenditure is VND 1,000,000/ report.
10. In addition to the funds applicable to the cost
items as defined in Clauses 1 – 9 of this Article, other expenditures shall
conform to the current spending regulations, including:
a) Traveling allowances payable to governmental
staff traveling locally, costs for organizing meetings, workshops, discussions,
preliminary summary and/or summary meetings will conform to the regulations on
travel expenses, workshop organization costs applicable to governmental
agencies and non-income generating public units issued by the Ministry of
Finance ;
b) The costs for arranging overseas travels of
overseas survey teams will conform to the regulations issued by the Ministry of
Finance regarding travel expense regimes applicable to governmental officials,
civil servants taking short overseas mission trips and subsidized from the
state budget;
c) The costs for organizing enquiries and/or
surveys, sociological surveys will conform to the regulations issued by the
Ministry of Finance which give guidance on the management, use and cost balance
for the enquiries subsidized from the state budget;
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dd) The costs for specialized subject researches
and/or preparation to support legal document preparation and legal system
refining; written explanation and/or submission preparation; preparation of
legal document proposals; preparation of legal document preparation proposals
and/or plans; preparation of law enforcement monitoring reports, will conform
to the regulations issued by the Ministries of Finance, Science and Technology
which give guidance on the funds for cost estimate preparation and allocation
to scientific and technological plans and/or projects subsidized from the state
budget;
e) The costs for reviewing, systemizing legal
documents to directly support the legal document preparation and legal system
refining will conform to the regulations issued by the Ministries of Finance
and Justice which give guidance on the management and use of funds for checking
and/or handling legal documents.
Article 5. Funds for fund
allocation to support legal document preparation and legal system refining
1. The funds for allocation to support the legal
document preparation and legal system refining will be based on the activities,
cost items, expense limits defined in Articles 3 and 4 herein, as follows:
a) With regard to to governmental decrees, the
maximum fund is VND 38 million draft legal document with complicated content,
requiring opinions only from selected Ministries, Central-level departments,
and VND 60 million/ draft legal document with complicated content, requiring
opinions from various Ministries, Central-level departments, unions and local
authorities. In case the draft decrees require poll meetings on large scale and
multi-time, the funds will be decided by the heads of the leading agencies
and/or units assigned to involve in the drafting and/or preparation, within the
allocated regular fund according to the cost estimate;
b) With regard to to decisions issued by the Prime
Minister, draft resolutions by the Jury of the Supreme People’s Court,
inter-resolutions: the maximum fund is VND 30 million/ draft document with less
complicated content, or requiring less poll meetings, and maximum VND 50
million/ draft legal document with less complicated content or requiring
multiple poll meetings;
c) With regard to to circulars, joint-circulars,
decisions issued by the State Audit of Vietnam: the maximum fund shall be VND
15 million for a draft document with less complicated content and/or limited
governing scope, and VND 30 million/ draft legal document with complicated
content, nationwide scope and/or requiring multiple poll meetings;
d) With regard to to law and/or ordinance projects,
funds shall be allocated/provided according to the complication of each of such
projects.
2. In addition to the funds defined in Clause 01 of
this Article, based on fund affordability, in required cases, the heads of the
leading agencies and/or units will arrange, allocate addition fund from the
given regular budget to support the related activities of the legal document
preparation and legal system refining process.
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1. Cost estimate preparation, cost management for
the legal document preparation and legal system refining will be carried out as
follows:
a) Yearly, based on the assigned functions and/
duties, the activities and/or cost items defined in Article 3 and the funds
regulated in Article 4 herein, related agencies and/or units will prepare
detailed cost estimates for the legal document preparation and legal system
refining, consolidating such costs to the annual regular cost estimates to
submit to the Ministry of Finance for appraisal and summarization before
submitting to the Government and National Assembly for decision in accordance
with the State Budget Law;
b) Fund allocation to ensure legal document
preparation and legal system refining will conform to the regulations defined
in the State Budget Law;
c) The allowances provided to the agencies assigned
to take the lead in Law, Ordinance preparation, appraisal and/or examination
included in the Law, Ordinance preparation program, annually adopted by the
National Assembly, will be arranged as follows:
Based on the estimated funds to support the agencies
assigned to take the lead in Law, Ordinance preparation, evaluation and/or
examination included in the Law, Ordinance preparation program adopted by the
National Assembly and undertaken by the National Assembly Office; the Ministry
of Finance will submit the mentioned allowances to the Prime Minister for
consideration, approval. After the approval is obtained, the Ministry of
Finance will notify the funds for the preparation of Law, Ordinance projects to
related Ministries, agencies for their action.
2. Use and cost balance of the funds for the legal
document preparation and legal system refining will be carried out as follows:
a) The costs for the legal document preparation and
legal system refining will be paid in lump sum based on the final products
attached with detailed financial statements, including cost items and amounts,
as defined herein, without invoices and/or payment proofs attached;
b) In the legal document preparation and legal
system refining duties are not fulfilled by the end of the year, and such
pending duties are permitted by the competent authorities to be continued in
the following year, corresponding funds will be carried over to the following
year for use and balance;
c) The funds for the legal document preparation and
legal system refining are balanced in accordance with the corresponding cost
items defined in the Index of the state budget.
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1. This Joint-circular takes effect as of 01
September 2014 and replaces Joint-circular No. 192/2010/TTLT-BTC-BTP-VPCP dated
2 December 2010 issued by the Ministries of Finance, Justice and Government
Office which gives guidance on the preparation, management, use and balance of
the state budget to support the legal document preparation and legal system refining.
2. The costs for 2014 legal document preparation
and legal system refining will be proactively arranged by related agencies
and/or units within their 2014 estimated funds allocated by the competent
authorities for their activities.
3. During the implementation, in case of
difficulties, entanglements, related agencies and/or units are requested to
report timely to the Ministries of Finance, Justice and Government Office for
further study for appropriate amendment and/or supplementation./.
FOR THE MINISTER, CHAIRPERSON OF
GOVERNMENT’S OFFICE
VICE CHAIRMAN
Kieu Dinh Thu
FOR THE
MINISTER
OF PROCURARY
VICE MINISTER
Dinh Trung Tung
FOR THE
MINISTER OF FINANCE
VICE MINISTER
Truong Chi Trung