Guidance on resolving arising issues in the arrangement of state apparatus in Vietnam

Guidance on resolving arising issues in the arrangement of state apparatus in Vietnam​ (Image from the internet)

Guidance on resolving arising issues in the arrangement of state apparatus in Vietnam

On February 19, 2025, the 15th National Assembly passed Resolution 190/2025/QH15 stipulating the handling of certain issues related to the reorganization of the state apparatus.

Regarding the addressing of issues arising from the reorganization of the state apparatus, the details are as follows:

- The Government of Vietnam, Chief Justice of the Supreme People's Court, and Prosecutor General of the Supreme People's Procuracy shall consider issuing or authorizing the issuance of documents to resolve issues under the National Assembly's jurisdiction during the reorganization of the state apparatus, and report quarterly to the National Assembly Standing Committee and report to the National Assembly at the nearest session.

- 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 Prosecutor General 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, or authorizing the issuance of documents to address issues arising from reorganizing the state apparatus within their duties and powers.

- The aforementioned authorized bodies or individuals may issue administrative documents to guide the resolution of arising issues. The issuance of administrative documents must meet the following conditions:

+ The purpose of issuing administrative documents is to promptly guide the resolution of arising issues due to the reorganization of the state apparatus as stipulated in clauses 2 and 3, Article 1 of Resolution 190/2025/QH15;

+ The content of the guidance must comply with the functions, duties, and powers of the guiding agency or authorized person, and the principles stipulated in Article 2 of Resolution 190/2025/QH15;

+ Shall not impose additional requirements, conditions, or extend resolution time, incurring costs, causing difficulties for individuals, organizations in the implementation process;

+ The guidance document must be publicly available by the methods stipulated in clause 2, Article 12 of Resolution 190/2025/QH15.

- The aforementioned authorized bodies or individuals are responsible for simultaneously organizing the drafting and promulgation of normative legal documents within their authority or submitting to the competent agency or individual amendments, supplements, and promulgation of legal documents to adjust the content stipulated in the administrative document or content authorized for issuance.

Administrative documents and documents issued under authorization must be immediately abolished when normative legal documents promulgated by the competent agency or individual come into effect.

Principles for addressing certain issues in the reorganization of the state apparatus in Vietnam

According to Article 2 of Resolution 190/2025/QH15, the principles for addressing certain issues related to the reorganization of the state apparatus are stipulated as follows:

- Ensure compliance with the Constitution and provide the legal basis for the normal, continuous, and smooth operation of agencies; avoid work disruptions, prevent overlaps and duplications, or omissions of functions, duties, sectors, or territories; ensure no impact on the normal operation of society, citizens, or businesses.

- Ensure no disruption in implementing international treaties and agreements and no impact on the implementation of international commitments of the Socialist Republic of Vietnam.

- Ensure human rights, citizens' rights; ensure transparency, and facilitate individuals and organizations in accessing information, exercising rights, obligations, and procedures according to legal regulations.

Refer to the detailed content in Resolution 190/2025/QH15, effective from February 19, 2025.

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