Resolution 190: Guidance on citizen reception, complaint and denunciation resolution during organizational restructuring process in Vietnam

Resolution 190: Guidance on citizen reception, complaint and denunciation resolution during organizational restructuring process in Vietnam​ (Image from the Internet)

On February 19, 2025, the National Assembly passed Resolution 190/2025/QH15 stipulating the handling of issues related to the organizational restructuring of the state apparatus.

Resolution 190: Guidance on citizen reception, complaint and denunciation resolution during organizational restructuring process in Vietnam

The implementation of functions, duties of inspection, public reception, complaint, denunciation settlement, anti-corruption, and anti-negative during organizational restructuring complies with the provisions in Article 7 of Resolution 190/2025/QH15 as follows:

- The implementation of inspection functions and duties is regulated as follows:

+ Investigative bodies after the state apparatus organizational restructuring continue to perform inspection functions and duties of the body from which inspection functions and duties were transferred;

+ Agencies which, following the organizational restructuring of the state apparatus, no longer have an inspection body, shall perform control functions and duties within the scope of state management as prescribed by law.

Agencies assigned to perform specialized inspection functions after the state apparatus organizational restructuring shall no longer perform specialized inspection functions, but shall carry out specialized control functions and duties as prescribed by law;

+ For Ministries and ministerial-level agencies without an inspection body following the state apparatus organizational restructuring, in necessary cases, the Minister or Head of the ministerial-level agency shall establish an inspection team or propose the Government Inspectorate of Vietnam to conduct inspections.

Particularly for the inspection agencies of the Ministry of Defense, Ministry of Public Security, the State Bank of Vietnam, and inspection agencies organized under international treaties to which the Socialist Republic of Vietnam is a member, they shall continue to perform inspection functions and duties as prescribed by law.

- In the case where an inspection is underway or has concluded an on-the-spot inspection but a conclusion has not been issued, the inspection team shall continue to perform its tasks, drafting the inspection conclusion for submission to the Head of the inspecting body after the state apparatus organizational restructuring for consideration and issuance of the inspection conclusion.

- Agencies that, after organizational restructuring of the state apparatus, no longer have an inspection body shall have their leaders assign a subordinate unit to perform functions and duties of public reception, complaint, denunciation settlement, and anti-corruption, wastefulness, negativism as prescribed by law.

Regulations on detention, custody, procedural, and execution activities in Vietnam according to Resolution 190

Pursuant to Article 6 of Resolution 190/2025/QH15 regarding detention, custody, procedural, and execution activities upon organizational restructuring of the state apparatus:

- Agencies and individuals authorized to take over functions, duties, and powers in detention, custody, procedural, and execution activities shall be responsible for organizing the execution of detention, custody, procedural, execution activities following the timeline, procedures, and processes as prescribed by law.

- In cases where agencies or individuals authorized in detention, custody, procedural, and execution activities have carried out one or some aspects of these activities in specific cases, according to the law, before the organizational restructuring of the state apparatus, the agencies or individuals authorized to take over functions, duties, powers shall not have to redo these aspects after the organizational restructuring.

Agencies and individuals authorized to take over functions, duties, powers in detention, custody, procedural, and execution activities are responsible for continuing to execute detention, custody, procedural, and execution activities, adhering to timelines, procedures, and processes to resolve the cases as prescribed by law.

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