Resolution 190 2025 on addressing several issues related to the restructuring of the state apparatus of Vietnam issued?

Resolution 190 2025 on addressing several issues related to the restructuring of the state apparatus of Vietnam issued?

On February 19, 2025, the National Assembly issued Resolution 190/2025/QH15 providing regulations on addressing certain issues related to the restructuring of the state apparatus.

This Resolution provides regulations on addressing several issues related to the restructuring of the state apparatus, including: principles of handling; the change of names of agencies, organizations, units (hereinafter collectively referred to as agencies), and authorized titles; the implementation of functions, tasks, and powers of agencies and authorized titles according to legal regulations, international treaties, international agreements; and the handling of other issues when implementing the restructuring of the state apparatus.

Resolution 190/2025/QH15 is applicable to the restructuring of the state apparatus in cases of establishment, reorganization (including the arrangement, re-consolidation of the organization of agencies under forms such as division, separation, merger, consolidation, conversion or adjustment of functions, tasks, powers), changes in name, model changes, organizational structures, dissolution of agencies to carry out the Communist Party's policy on continuing the renewal, restructuring of the political system’s apparatus to be streamlined, effective, and efficient.

The issues addressed under Resolution 190/2025/QH15 are issues arising in the process of restructuring the state apparatus which content is different from or not yet regulated in normative legal documents (except the Constitution), administrative documents and other forms of documents still in effect at the time of implementing the restructuring of the state apparatus (hereinafter collectively referred to as documents).

>>> See the full Resolution 190 2025 here

Resolution 190 2025 on addressing several issues related to the restructuring of the state apparatus of Vietnam issued? (Image from the Internet)

Does the Chief Justice of the Supreme People's Court of Vietnam have the authority to issue documents to resolve issues arising during the restructuring of the state apparatus?

According to Article 13 of Resolution 190/2025/QH15, the provisions are as follows:

Resolving issues arising during the restructuring of the state apparatus

1. the Government of Vietnam, Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy shall consider, issue or authorize the issuance of documents to resolve issues arising within the jurisdiction of the National Assembly during the restructuring of the state apparatus, and regularly report quarterly to the Standing Committee of the National Assembly and report to the National Assembly at the nearest session.

2. The Standing Committee of the National Assembly, the Government of Vietnam, the Prime Minister of the Government of Vietnam, the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy, Ministers, Heads of ministerial-level agencies, the State Auditor General, People's Councils, and Provincial People's Committees are responsible for considering, issuing documents or authorizing the issuance of documents to address issues arising during the restructuring of the state apparatus within their assigned tasks and powers.

3. Agencies and individuals with authority as stipulated in Clause 1 and Clause 2 of this Article may issue administrative documents to guide the resolution of arising issues. The issuance of administrative documents must meet the following conditions:

a) The purpose of issuing administrative documents is to promptly guide the resolution of issues arising from the restructuring of the state apparatus as stipulated in Clause 2 and Clause 3, Article 1 of this Resolution;

b) The content of the guidance must be consistent with the functions, tasks, and powers of the agency or individual with the authority to guide and the principles stipulated in Article 2 of this Resolution;

c) Do not stipulate additional requirements, conditions, or increase resolution time, costs, causing difficulties for individuals and organizations in the implementation process;

d) Guidance documents must be publicly disclosed according to the methods stipulated in Clause 2, Article 12 of this Resolution.

...

Thus, according to the above regulations, the Chief Justice of the Supreme People's Court has the authority to issue documents to resolve issues arising within the jurisdiction of the National Assembly during the restructuring of the state apparatus.

What is the time limit for Chief Justice of the Court of Vietnam to consider resolving complaints regarding court fees?

Pursuant to Clause 3, Article 46 of Resolution 326/2016/UBTVQH14 regarding resolving complaints about court fees, it is defined as follows:

Resolving complaints about court fees, court fees charges

...

3. Agencies, organizations, and individuals have the right to file a complaint to the Chief Justice of the court of first instance within 03 working days from the date they receive the court's notification regarding the payment of advance court fees, court fees, advance court fees charges, court fees charges or the notification of exemption or reduction of advance court fees, court fees, advance court fees charges, court fees charges. The Chief Justice of the court of first instance must consider resolving the complaint within 03 working days from the date of receiving the complaint. The decision of the Chief Justice of the court of first instance is the final decision.

Complaints about court fees, court fees charges in court judgments or decisions are resolved according to regulations of civil procedural law, criminal procedural law, or administrative procedural law.

...

Thus, the Chief Justice of the court of first instance must consider resolving complaints within 03 working days from the date of receiving the complaint. The decision of the Chief Justice of the court of first instance is the final decision.