Vision - Policy

Special mechanisms and policies that create breakthroughs in lawmaking and law enforcement

Bao Tram Tuesday, Nov/11/2025 - 23:09
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(L&D) The Government has promulgated Decree No. 289/2025/ND-CP providing guidance on the implementation of Resolution No. 197/2025/QH15 dated 17 May 2025 of the National Assembly, regarding special mechanisms and policies in lawmaking and law enforcement.

Accordingly, this Decree stipulates the list of tasks, activities, and lump-sum expenditure norms for each task and activity related to the formulation of legal normative documents and international treaties.

At the same time, it provides for lump-sum expenditure norms applicable to the implementation of tasks and activities in strategic and policy research, and in law enforcement activities that directly support law-making; and prescribes lump-sum expenditure norms for the formulation of certain legal normative documents that are not specified in Appendix II attached to Resolution No. 197/2025/QH15.

Fund for supporting policy and law development

Decree No. 289/2025/ND-CP also provides for the organization and operation of the Fund for Supporting Policy and Law Development (the Fund). This is an off-budget state financial fund under the Ministry of Justice, operating on a non-profit basis.

The Fund is a public non-business unit whose recurrent expenditures are covered by the state budget; it has legal personality, an operational budget, separate financial statements, its own seal, and is entitled to open accounts at the State Treasury and legally operating commercial banks in Viet Nam in accordance with the law.

The Decree clearly stipulates the tasks and powers of the Fund, including the implementation of the Fund’s objectives in supporting policy and law development; formulation of its financial plans, organizational structure, and recruitment of personnel within its competence, in conformity with Article 6 of Resolution No. 197/2025/QH15 and this Decree.

The Fund shall appraise projects, tasks, activities, and beneficiaries eligible for financial support or sponsorship; and decide on the level of support or sponsorship in accordance with the law, the Fund’s Charter, and its regulations on support and sponsorship (if any).

The Fund shall mobilize, receive, manage, and use its financial resources in accordance with the law.

According to the Decree, the Fund’s annual operating expenses are guaranteed by the state budget and other lawful financial sources as prescribed. The annual amount allocated from the state budget shall be based on the proposal of the Ministry of Justice, after taking into account the estimated state budget allocations for the current year that remain unused and are permitted by a competent authority to be carried forward to the following year under the Law on State Budget, but not exceeding VND 300 billion. Each year, the Ministry of Justice shall prepare the budget estimates for the Fund, incorporate them into the Ministry’s annual budget estimates, and submit them to the Ministry of Finance for consolidation and submission to competent authorities as prescribed by the Law on State Budget.

Other financial sources of the Fund include: lawful contributions and support from domestic organizations and individuals, whether non-earmarked or earmarked for specific purposes in accordance with Vietnamese law; interest from deposit accounts at commercial banks (if any), except where otherwise agreed upon by the supporting organizations or individuals or otherwise provided by relevant laws; and other lawful sources (if any).

The Fund Management Council shall be established by the Minister of Justice. It shall operate on a part-time basis, have a five-year term, and may be reappointed. The Council shall consist of a Chairperson, a Vice Chairperson, and other members.

The Fund Management Agency, established by the Minister of Justice, shall serve as the standing body of the Fund Management Council.

Attracting and engaging organizations and individuals in lawmaking and law enforcement activities

The Decree also provides detailed regulations on attracting and engaging organizations and individuals to participate in certain tasks and activities related to lawmaking and law enforcement. These include provisions on the engagement and utilization of experts and consulting organizations; regulations on the recruitment, training, and professional development of human resources with high professional qualifications and practical experience in international law and international dispute settlement; and the placement of Vietnamese experts in the legal departments of international organizations, international legal institutions, and international judicial bodies.

The mechanisms for attracting and recruiting individuals with high professional qualifications and practical experience in international law and dispute settlement shall comply with the regulations and policies on attracting and employing talented individuals to work in agencies, organizations, and units of the Communist Party of Viet Nam, the State, the Viet Nam Fatherland Front, and central agencies of socio-political organizations.

Policies and mechanisms on the training and professional development of human resources with high professional qualifications and practical experience in international law and dispute settlement shall comply with the provisions on training and professional development of officials, civil servants, and officers of the armed forces. During the training and professional development period, those assigned to participate shall retain their current entitlements and benefits. In cases where the training venue is located in a different locality or country from the workplace, participants shall be entitled to allowances applicable to those on official duty travel within the country or abroad, except in cases where such expenses are already covered or funded from other lawful sources.

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