Regulations on implementing the functions and duties of competent authorities in sstreamlining the organizational structure in Vietnam according to Resolution 190

Regulations on implementing the functions and duties of competent authorities in sstreamlining the organizational structure in Vietnam according to Resolution 190​ (Image from the internet)

On February 19, 2025, the 15th National Assembly passed Resolution 190/2025/QH15 regulating the handling of issues related to the rearrangement of the state apparatus organization.

Regulations on implementing the functions and duties of competent authorities in sstreamlining the organizational structure in Vietnam according to Resolution 190

Article 4 Resolution 190/2025/QH15 stipulates the implementation of functions, tasks, and authority of the competent authorities and titles when arranging the state apparatus as follows:

- When arranging the state apparatus, the functions, tasks, and authority of competent authorities and titles according to legal regulations shall continue to be performed by the agencies and titles receiving such functions, tasks, and authority.

- In cases where the name, functions, tasks, authority, position, model, and organizational structure of the agency change after the arrangement, the competent authority is authorized to issue provisions on functions, tasks, authority, and organizational structure of the agency established after the arrangement, different from the regulations in the legal normative documents issued by higher-level state agencies before the arrangement, but must ensure conformity with the arrangement plan approved by competent authorities.

- When arranging the state apparatus, if the number of deputy positions of the head of the agency exceeds the maximum number prescribed by law, the number of deputies must adhere to the regulation no later than 5 years from the effective date of the organizational arrangement decision by the competent authority.

- If the current document stipulates responsibilities for coordination between agencies subject to arrangement and other agencies, the agency receiving the functions, tasks, and authority shall continue to carry out those tasks according to the regulation.

- The agency receiving functions, tasks, and authority, after arranging the state apparatus, continues to perform the work and procedures being carried out by the agencies subject to arrangement. In cases where work and procedures being carried out or completed before the arrangement but issues arise that need resolving thereafter, the agency receiving the functions, tasks, and authority is responsible for cooperating with relevant agencies to resolve the arising issues.

- Supervision, inspection, auditing, and examination of the agencies formed or receiving functions, tasks, and authority after the arrangement of the state apparatus are carried out according to legal provisions and must ensure continuity without leaving gaps or overlaps in the scope of supervisory, inspection, audit, and examination authority, and must not affect the normal activities of the agencies being supervised, inspected, audited, or examined.

Principles for handling issues related to the rearrangement of the state apparatus organization in Vietnam

Handling issues related to the rearrangement of the state apparatus organization must ensure the following principles:

- Ensure compliance with the Constitution and legal basis for the normal, continuous, uninterrupted activities of the agencies; avoid work interruption, overlap, duplication, or omission of functions, tasks, fields, and areas; do not affect the normal activities of society, citizens, and businesses.

- Ensure no interruption in the implementation of international treaties, international agreements and do not affect the implementation of international commitments of the Socialist Republic of Vietnam.

- Ensure human rights, citizen rights; ensure transparency, creating favorable conditions for individuals and organizations in accessing information, exercising rights, obligations, and procedures according to legal regulations.

(Article 2 Resolution 190/2025/QH15)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE