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

1. The Government of Vietnam, the Chief Justice of the Supreme People's Court, the Head of the Supreme People's Procuracy consider issuing or authorizing the issuance of documents to address issues arising under the jurisdiction of the National Assembly when organizing state machinery and report quarterly to the Standing Committee of the National Assembly and 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 Head of the Supreme People's Procuracy, Ministers, Heads of Ministerial-level agencies, State Auditor General, People's Councils, Provincial People's Committees are responsible for considering, issuing documents, or authorizing the issuance of documents to address issues arising in the organization of state machinery within their tasks and powers.

3. Authorities and persons prescribed in Clause 1 and Clause 2 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 promptly to guide the resolution of issues arising from organizing state machinery as stipulated in Clause 2 and Clause 3, Article 1 of Resolution 190/2025/QH15;

- The content of the guidance must be in accordance with the functions, tasks, powers of the guiding authority or person, and the principles stipulated in Article 2 of Resolution 190/2025/QH15;

- No additional requirements, conditions, or extended resolution time, cost incurrence, causing difficulties for individuals and organizations during the implementation process;

- The guiding document must be publicized according to the methods specified in Clause 2, Article 12 of Resolution 190/2025/QH15.

4. Authorities and persons prescribed in Clause 1 and Clause 2 are responsible for simultaneously organizing the development and issuance of legal normative documents according to their competence or submitting to the competent authorities or persons for amending, supplementing, issuing legal normative documents to adjust the contents stipulated in administrative documents or contents authorized to be issued.

Administrative documents, documents issued under authorization must be immediately abolished by the authority or person having issued them when the legal normative documents issued by the authority or person come into effect.

Resolution 190/2025/QH15 comes into effect as of February 19, 2025.

Resolution 190/2025/QH15 is implemented until the end of February 28, 2027, except for the provisions in Clause 1, Article 3; Clause 3, Article 4; and Clause 3, Article 11 of Resolution 190/2025/QH15.

Based on the actual situation, the Government of Vietnam reports to the National Assembly to consider and decide to extend the implementation period of Resolution 190/2025/QH15 before the expiration of the term stipulated in Clause 2, Article 15 of Resolution 190/2025/QH15, if deemed necessary.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE