Resolution 190: Principles for addressing certain issues related to the organization and arrangement of state apparatus in Vietnam

Resolution 190: Principles for addressing certain issues related to the organization and arrangement of state apparatus in Vietnam​ (Image from the Internet)

The National Assembly of Vietnam passed Resolution 190/2025/QH15 on February 19, 2025, regulating the resolution of issues related to the organization of the state apparatus.

Resolution 190: Principles for addressing certain issues related to the organization and arrangement of state apparatus in Vietnam

According to Article 2 of Resolution 190/2025/QH15, the principles for dealing with certain issues related to the organization of the state apparatus are as follows:

- Ensure compliance with the Constitution and legal basis for the normal, continuous, and smooth functioning of agencies; avoiding work interruption, overlapping, redundancy, or omission of functions, tasks, fields, or regions; not affecting the normal functioning of society, the citizens, and businesses.

- Ensure there is no interruption in the implementation of international treaties, agreements, and that it does not affect the fulfillment of the international commitments of the Socialist Republic of Vietnam.

- Ensure human rights, citizenship rights; ensure publicity, transparency, and provide favorable conditions for individuals and organizations in accessing information, performing rights, obligations, and procedures as regulated by law.

Guidance on resolving issues arising from the organization of the state apparatus in Vietnam

According to Article 13 of Resolution 190/2025/QH15, the guidance on resolving issues arising from the organization of the state apparatus is as follows:

- The Government of Vietnam, the Chief Justice of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy shall consider issuing documents to resolve or authorize the issuance of documents to resolve issues under the jurisdiction of the National Assembly when reorganizing the state apparatus, and periodically report to the Standing Committee of the National Assembly and report to the National Assembly at the nearest session.

- The Standing Committee of the National Assembly, the Government of Vietnam, the Prime Minister, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, Ministers, Heads of Ministry-equivalent bodies, State Auditor General, People's Councils, and Provincial People's Committees are responsible for considering issuing documents or authorizing the issuance of documents to resolve issues arising from the reorganization of the state apparatus within their respective duties and powers.

- Agencies and individuals with authority prescribed in clauses 1 and 2 of Article 13 Resolution 190/2025/QH15 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 issues arising from the reorganization of the state apparatus as stipulated in clauses 2 and 3, Article 1 Resolution 190/2025/QH15;

+ The guidance content must be consistent with the functions, tasks, and powers of the agency or individual providing guidance and the principles prescribed in Article 2 Resolution 190/2025/QH15;

+ No additional requirements, conditions or extended resolution time, nor should it incur costs, causing difficulties for individuals or organizations in the process of implementation;

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

- Agencies and individuals with authority prescribed in clauses 1 and 2, Article 13 Resolution 190/2025/QH15 are also responsible for organizing the development, promulgation of legal normative documents under their authority or submitting to authorities for modification, supplementation, and issuance of legal normative documents to regulate the content prescribed in administrative documents or authorized content.

The administrative documents or documents issued by authorization must be immediately abolished by the issuing authority when the legal normative documents issued by the competent authority take effect.

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