Nghị định 126/2025/NĐ-CP quy định về phân quyền, phân cấp trong lĩnh vực dự trữ quốc gia

DECREE

REGARDING DECENTRALIZATION AND DELEGATION OF AUTHORITY IN THE NATIONAL RESERVE SECTOR

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Organization of Local Government 2025;

Pursuant to the Law on National Reserves dated November 20, 2012;

Pursuant to the Law on Amendments to the Law on Securities, the Law on Accounting, the Law on Independent Audit, the Law on State Budget, the Law on Management and Use of Public Property, the Law on Tax Administration, the Law on Personal Income Tax, the Law on National Reserves, and the Law on Handling of Administrative Violations dated November 29, 2024 (Law No. 56/2024/QH15);

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on addressing certain issues related to the organizational restructuring of the state apparatus;

At the request of the Minister of Finance;

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Article 1. Scope

This Decree prescribes the authority to perform tasks in the national reserve sector as stipulated in the Law on National Reserves, Law No. 56/2024/QH15, and Decree No. 94/2013/ND-CP for decentralization and delegation of authority.

Article 2. Rules of decentralization and delegation of authority

1. Comply with the Constitution and with principles and provisions on decentralization and delegation of authority as specified in the Law on Government Organization and the Law on Local Government Organization.

2. Ensure the uniformly governing authority of the Government, the executive power of the Prime Minister in the state management of national reserves, and promote initiative, creativity, and accountability of ministries and central authorities performing the state management of national reserves.

3. Ensure that the Government, the Prime Minister, ministries, and central authorities focus on performing the macro state management; uniformly developing institutions, strategies, plannings, and plans, playing a facilitating role, and increasing inspection, audit, and supervision.

4. Promote decentralization and delegation of authority and clearly define the authority of the Prime Minister, the Ministry of Finance, and other ministries and central authorities assigned to manage national reserve commodities by the Government; conform to tasks, powers, and capacity of competent authorities and persons performing tasks/exercising powers as prescribed.

5. Implement an uniform, comprehensive, interconnected decentralization and delegation of authority without omissions, overlaps, or conflicts of responsibilities/tasks; and ensure a legal basis for normal, continuous, and smooth operation of agencies; prevent disruption in operations, omissions, overlaps, or conflicts of functions, tasks, sectors, and geographical areas.

6. Ensure human rights and citizens’ rights; ensure transparency and openness, and facilitate individuals and organizations to access information and exercise rights, fulfill obligations, and carry out administrative procedures as prescribed by law; prevent impacts to normal operations of society, people, and enterprises.

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8. Funding for performing tasks as delegated and decentralized shall be derived from the state budget as prescribed by law.

Article 3. Decentralization of authority under the Law on National Reserves

1. The Minister of Finance shall exercise the authority of the Prime Minister as prescribed in Articles 35 and 37 of the Law on National Reserves and point a, clause 3 Article 7 of Law No. 56/2024/QH15.

2. Heads of ministries and central authorities managing national reserve commodities shall exercise the authority of the Prime Minister as prescribed in Article 36 of the Law on National Reserves and take responsibility for their decisions. Within 03 days from the issuance date of such Decisions, these ministries and central authorities shall sent reports to the Ministry of Finance for consolidation and reporting to the Prime Minister.

3. The authority of the Prime Minister as prescribed in point c, clause 2 Article 13 and clause 1 Article 34 of the Law on National Reserves shall comply with clauses 1 and 2 of this Article.

4. The Minister of Finance shall prescribe the procedures and processes for exercising the authorities specified in clauses 1 and 2 of this Article.

Article 4. Delegation of authority under Decree No. 94/2013/ND-CP dated August 21, 2013

1. The Minister of Finance shall exercise the authority of the Prime Minister as prescribed in Clause 1 Article 15 of Decree No. 94/2013/ND-CP.

2. The Minister of Finance shall exercise the authority of the Prime Minister as prescribed in clause 3, Article 16 of Decree No. 94/2013/ND-CP.

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Article 5. Entry in force

1. This Decree comes into force from July 01, 2025.

2. This Decree shall cease to be effective from March 1, 2027, except for the following cases:

a) Ministries and ministerial-level agencies send reports to the Government and have the application period of all or part of this Decree extended under the National Assembly's approval;

b) Laws, resolutions of the National Assembly; Ordinances, Resolutions of the Standing Committee of the National Assembly; Decrees or Resolutions of the Government; or Decisions of the Prime Minister that provide for state management authority and responsibilities as prescribed in this Decree are ratified or promulgated from July 1, 2025 and come into force before March 1, 2027. In this case, the corresponding provisions in this Decree shall cease to be effective on the effective date of these legislative documents.

3. During the effective period of this Decree, if there is any inconsistency between the state management authority, responsibilities, and procedures provided herein and those provided in other relevant legislative documents, the provisions of this Decree shall be complied with.

Article 6. Transitional provisions

The decentralization and delegation of authority to perform ongoing tasks that have not yet been decided by competent authorities specified in the Law on National Reserves, Law No. 56/2024/QH15, and Decree No. 94/2013/ND-CP before the effective date of this Decree shall comply with this Decree.

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ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh