Nghị quyết 190/2025/QH15 quy định về xử lý vấn đề liên quan đến sắp xếp tổ chức bộ máy nhà nước do Quốc hội ban hành

RESOLUTION

PROVIDING REGULATIONS ON HANDLING CERTAIN ISSUES RELATED TO THE REORGANIZATION OF THE STATE APPARATUS

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, as amended by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

HEREBY RESOLVES:

Article 1. Scope

1. This Resolution provides regulations on handling certain issues related to the reorganization of the state apparatus, including: principles for handling; the renaming of agencies, organizations, units (hereinafter referred to as agencies), and competent positions; the performance of functions, tasks, and powers of competent agencies or positions in accordance with laws, treaties, international agreements; and the handling of other issues arising during the reorganization of the state apparatus.

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3. The issues handled under this Resolution are those arising during the reorganization of the state apparatus that are different from or have not yet been regulated in legal normative documents (excluding the Constitution), administrative documents, and other forms of documents that remain effective at the time of reorganizing the state apparatus (hereinafter collectively referred to as documents).

Article 2. Principles for handling certain issues related to the reorganization of the state apparatus

1. Ensuring compliance with the provisions of the Constitution and establishing a legal basis for the normal, continuous, and smooth operation of agencies; avoiding work interruptions, overlaps, duplication, or omissions of functions, tasks, sectors, and areas; and not affecting the normal activities of society, the people, and enterprises.

2. Ensuring that the implementation of treaties and international agreements is not interrupted and that the international commitments of the Socialist Republic of Viet Nam are not affected.

3. Ensuring human rights, citizens’ rights; ensuring openness and transparency; and enabling individuals and organizations to access information and exercise their rights, obligations, and procedures in accordance with the law.

Article 3. Names and use of seals of competent agencies or positions

1. When reorganizing the state apparatus, the names of competent agencies or positions specified in documents shall be changed in accordance with the names of the agencies and positions that assume their functions, tasks, and powers (hereinafter referred to as successor agencies or positions).

2. Competent agencies or positions whose names are changed after reorganization shall use seals, carry out seal registration procedures, and hand over seals in accordance with the law.

Article 4. Implementation of functions, tasks, and powers of competent agencies or positions

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2. In cases where, upon reorganization, the name, functions, tasks, powers, position, model, or organizational structure of an agency are changed, the agency or competent person shall promulgate regulations on the functions, tasks, powers, and organizational structure of the agency formed after reorganization, which may differ from the provisions of legal normative documents issued by superior authorities prior to the reorganization, provided that they are consistent with the reorganization plan approved by competent authorities.

3. Where the number of deputy heads of an agency after reorganization exceeds the maximum number prescribed by law, within no more than 05 years from the effective date of the decision on reorganization issued by the competent authority, the number of deputy heads must comply with the legal provisions.

4. In cases where existing documents stipulate the responsibility for coordination between the agencies subject to reorganization and other agencies, the successor agencies shall be responsible for continuing to perform such coordinated work as prescribed.

5. Successor agencies, after reorganization, shall continue to handle the work and procedures being carried out by the agencies subject to reorganization. If any work or procedures in progress or completed before the reorganization give rise to related issues to be resolved afterward, the successor agencies shall coordinate with relevant agencies to resolve such issues.

6. The supervision, inspection, audit, and examination of agencies formed or assuming functions, tasks, and powers after reorganization shall be carried out in accordance with the law and must ensure continuity, without leaving gaps or overlaps in the scope of supervision, inspection, audit, and examination, and without affecting the normal operation of the supervised, inspected, audited, and examined agencies.

Article 5. Implementation of administrative procedures

1. Where there is a change in the agency or competent position responsible for carrying out administrative procedures after the reorganization of the state apparatus, the agency or person competent to announce administrative procedures shall promptly adjust and announce the adjusted administrative procedures in accordance with the law.

2. Successor agencies or positions to carry out administrative procedures shall have the following responsibilities:

a) Organize the implementation of administrative procedures to ensure continuity without interruption;

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c) Publicly disclose information in accordance with Article 12 of this Resolution.

Article 6. Activities of custody, temporary detention, proceedings, and judgment enforcement

1. Successor agencies or persons in custody, temporary detention, proceedings, and judgment enforcement shall be responsible for organizing and implementing custody, temporary detention, proceedings, and judgment enforcement in accordance with statutory deadlines, order, and procedures.

2. In cases where competent agencies or positions in custody, temporary detention, proceedings, and judgment enforcement have performed one or several activities in specific cases in accordance with the law prior to the reorganization of the state apparatus, the successor agencies or persons shall not repeat such activities after the reorganization.

Successor agencies or persons in custody, temporary detention, proceedings, and judgment enforcement shall be responsible for continuing to implement custody, temporary detention, proceedings, and judgment enforcement in accordance with statutory deadlines, order, and procedures to resolve the cases concerned.

Article 7. Performance of functions and tasks regarding inspection, citizen reception, settlement of complaints and denunciations, prevention and control of corruption and negative acts

1. The implementation of inspection functions and tasks is regulated as follows:

a) The inspection agency after the reorganization of the state apparatus shall continue to perform the inspection functions and tasks of the agency whose inspection functions and tasks were transferred;

b) Agencies which, after reorganization, no longer have an inspection organization shall perform state management inspection functions and tasks within their management scope in accordance with the law.

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c) With respect to Ministries and ministerial-level agencies that, after reorganization, no longer have inspection organizations, where necessary, the Minister or the Head of the ministerial-level agency shall establish an inspection team or request the Government Inspectorate to carry out inspections.

The inspection agencies of the Ministry of National Defense, the Ministry of Public Security, the State Bank of Viet Nam, and the inspection agencies established under international treaties to which the Socialist Republic of Viet Nam is a party shall continue to perform inspection functions and tasks in accordance with the law.

2. Where an inspection is in progress or has concluded the on-site inspection but the inspection conclusion has not yet been issued, the inspection team shall continue its duties, prepare a draft inspection conclusion, and submit it to the Head of the agency with inspection functions after the reorganization for review and issuance of the inspection conclusion.

3. Agencies which, after reorganization, no longer have inspection organizations shall assign a subordinate unit to perform citizen reception, settlement of complaints and denunciations, and prevention and control of corruption, wastefulness, and negative acts in accordance with the law.

Article 8. Competence to impose administrative penalties

1. Competent positions entitled to impose administrative penalties whose names are changed due to the reorganization of the state apparatus but whose tasks and powers remain unchanged shall retain their competence to impose administrative penalties as prescribed by the law on handling administrative violations.

2. Competent positions whose tasks and powers are changed as a result of the reorganization shall have their competence to impose administrative penalties specified by the Government in accordance with the principles of the Law on Handling Administrative Violations.

Pending such Government regulations, the competence to impose administrative penalties in state management areas shall continue to be exercised by Chief Inspectors, Presidents of People’s Committees, or other competent positions in accordance with the law until replacement regulations are issued.

Article 9. Implementation of treaties and international agreements

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a) Perform the functions, tasks, and powers of the proposing agency and the agency in charge of implementing the treaties and international agreements in accordance with the Law on Treaties and the Law on International Agreements;

b) Proactively review the provisions of treaties and international agreements affected by the reorganization;

c) Notify, consult, and agree with foreign partners on the need to amend provisions concerning the names of agencies specified in treaties and international agreements (if any);

d) Notify foreign partners of the succession of all or part of international agreements on behalf of the agency transferring functions, tasks, and powers, and proactively carry out procedures for amending provisions of international agreements affected by the reorganization (if any).

2. Where it is necessary to amend provisions on agency names in treaties already in force, the successor agency shall propose amendments and notify the Ministry of Foreign Affairs. Upon reaching consensus with the successor agency, the Ministry of Foreign Affairs shall send a diplomatic note to the foreign partner notifying such amendments.

Where it is necessary to amend provisions on agency names in international agreements, the successor agency shall consult and agree with the foreign partner on the amendments and then notify the Ministry of Foreign Affairs for monitoring and coordination.

3. For treaties or international agreements on behalf of the State, National Assembly, or Government that have been negotiated but not yet signed, the successor agency shall proactively consult the foreign partner to revise the provisions on agency names (if any).

4. For treaties or international agreements on behalf of the State, National Assembly, or Government that have been signed but not yet come into force, if necessary, the successor agency shall consult and agree with the foreign partner on how to revise the provisions on agency names and notify the Ministry of Foreign Affairs for coordination.

5. Where issues arise that fall under the responsibility of multiple agencies or are not regulated in this Article, the relevant agencies shall report to the Prime Minister for consideration and decision.

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1. Documents and papers issued by competent agencies or positions before the reorganization of the state apparatus that remain valid or within their period of use shall continue to apply and be used in accordance with the law until expiration or amendment, supplementation, replacement, annulment, revocation, or withdrawal by the successor agencies or positions or by competent agencies or persons.

2. Individuals and organizations shall not be required to carry out procedures to reissue papers issued by competent agencies or positions before the reorganization if such papers remain within their period of use, unless otherwise provided by law.

3. The Prime Minister shall annul legal normative documents no longer applicable, issued by Ministers, Heads of ministerial-level agencies, or jointly issued by Ministers and Heads of other ministerial-level agencies before the reorganization, in cases where no competent agency can be identified to annul the documents after reorganization.

Article 11. Review and handling of documents

1. The review and determination of plans for handling legal normative documents affected by the reorganization of the state apparatus must be carried out within 03 months from the date this Resolution comes into force.

2. Agencies and competent persons shall promulgate legal normative documents within their competence or submit them to competent authorities for promulgation under simplified procedures to handle documents affected by the reorganization, ensuring completion by March 1, 2027.

3. It is not compulsory to promulgate documents solely to address changes in the names of competent agencies or positions resulting from the reorganization of the state apparatus.

Article 12. Responsibilities for disclosure of information and guidance on implementation

1. Successor agencies shall be responsible for promptly publicly announcing the following information as soon as there is a document issued by competent agencies or persons specifying the functions, tasks, powers, organizational structure, or regulations relating to changes in names, functions, tasks, and powers of such agencies:

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b) Changes in the names of competent agencies or positions;

c) Adjustments of the functions, tasks, and powers of competent agencies or positions;

d) Changes in competent agencies or positions responsible for carrying out administrative procedures;

dd) Changes in competence to impose administrative penalties.

2. The disclosure of the contents referred to in Clause 1 of this Article shall be carried out on the electronic portal or website of the successor agency, and by other appropriate means; and shall also be disclosed centrally on the electronic portal of the province-level People’s Committee for information concerning province-level agencies, and on the electronic portal of the district-level People’s Committee for information concerning district-level agencies.

3. The Ministry of Foreign Affairs shall be responsible for external notification to foreign countries, international and regional organizations regarding the organizational structure of the agencies of the 15th National Assembly, and the organizational structure of the Government of the 15th National Assembly tenure after the reorganization of the state apparatus.

4. Agencies, after reorganization of the state apparatus, shall be responsible for receiving, responding to, providing guidance on, and clarifying issues relating to their functions, tasks, and powers upon receipt of requests or proposals from agencies, organizations, or individuals, ensuring compliance with the principles set out in Article 2 of this Resolution.

Article 13. Resolution of arising issues in the reorganization of the state apparatus

1. The Government, the President of the Supreme People’s Court, and the Prosecutor General of the Supreme People’s Procuracy shall review, issue, or authorize the issuance of documents to resolve issues within the competence of the National Assembly arising during the reorganization of the state apparatus, and shall report to the Standing Committee of the National Assembly on a quarterly basis and to the National Assembly at its nearest session.

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3. Agencies and competent persons referred to in Clauses 1 and 2 of this Article may issue administrative documents to guide the resolution of arising issues.  The issuance of such administrative documents must satisfy the following conditions:

a) The purpose of issuance is to promptly guide the resolution of issues arising from the reorganization of the state apparatus as prescribed in Clauses 2 and 3 of Article 1 of this Resolution;

b) The content of guidance must be consistent with the functions, tasks, and powers of the issuing agency or competent person, and with the principles stipulated in Article 2 of this Resolution;

c) The guidance must not impose additional requirements or conditions, prolong processing time, incur additional costs, or create difficulties for individuals and organizations in implementation;

d) The administrative documents must be disclosed in accordance with the methods specified in Clause 2 of Article 12 of this Resolution.

4. Agencies and competent persons referred to in Clauses 1 and 2 of this Article shall also be responsible for developing and issuing legal normative documents within their competence, or submitting them to competent authorities for amendment, supplementation, or promulgation, to regulate the contents specified in the administrative documents or contents issued under delegated authority.

Administrative documents or documents issued under delegated authority must be repealed immediately by the agencies or competent persons that issued them once the legal normative documents promulgated by competent authorities come into force.

Article 14. Implementation

1. The Standing Committee of the National Assembly, the Government, the Prime Minister, the President of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy, Ministers, Heads of ministerial-level agencies, the State Auditor General, local governments at all levels, and relevant agencies and organizations, within their assigned functions, tasks, and powers, shall be responsible for guiding, organizing implementation, and reporting to competent authorities upon request regarding the implementation of this Resolution.

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3. The Standing Committee of the National Assembly, the Viet Nam Fatherland Front, the Ethnic Council, Committees of the National Assembly, delegations of National Assembly deputies and National Assembly deputies, People’s Councils, and deputies to People’s Councils at all levels, within their assigned functions and powers, shall supervise the implementation of this Resolution.

Article 15. Entry into force

1. This Resolution shall come into force as of February 19, 2025.

2. This Resolution shall remain in effect until February 28, 2027, except for the provisions specified in Clause 1 of Article 3, Clause 3 of Article 4, and Clause 3 of Article 11 of this Resolution.

3. Based on actual circumstances, the Government shall report to the National Assembly for consideration and decision on the extension of the implementation period of this Resolution before the expiration of the period specified in Clause 2 of this Article, if necessary.

This Resolution was passed by the 15th National Assembly of the Socialist Republic of Vietnam at the 9th extraordinary session on February 19, 2025.

CHAIRPERSON OF THE NATIONAL ASSEMBLY




Tran Thanh Man

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