Decree No. 126/2025/NĐ-CP on decentralization and delegation in the national reserve sector

DECREE

Regulations on Delegation and Decentralization in the National Reserve Sector

On the basis of Law on Government Organization dated February 18, 2025;

On the basis of The Local Government Organization Law 2025;

On the basis of Law on National Reserves dated November 20, 2012;

On the basis of Law Amending and Supplementing Certain Provisions of the Securities Law, Accounting Law, Independent Auditing Law, State Budget Law, Public Asset Management and Usage Law, Tax Administration Law, Personal Income Tax Law, National Reserves Law, Administrative Violations Handling Law dated November 29, 2024 (Law No. 56/2024/QH15);

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

At the proposal of the Minister of Finance;

The Government issues this Decree to regulate delegation and decentralization in the national reserve sector.

Article 1. Scope of Regulation

This Decree stipulates the authority to perform tasks in the national reserve sector as prescribed in the National Reserves Law, Law No. 56/2024/QH15, and Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government detailing the implementation of the National Reserves Law for the purpose of delegation and decentralization.

Article 2. Principles of Delegation and Decentralization

1. Ensuring compliance with the Constitution; consistent with the principles and regulations on delegation and decentralization under the Government Organization Law and the Local Administration Organization Law.

2. Ensuring the unified management authority of the Government, the operational authority of the Prime Minister over the national reserve management sector, and promoting the initiative, creativity, and responsibility of ministries and sectors in performing state management tasks in the national reserve sector.

3. Ensuring that the Government, the Prime Minister, ministries, and sectors focus on performing state management tasks at a macro level; building coherent and unified systems, strategies, plans, playing a constructive role, and strengthening inspection, supervision, and monitoring.

4. Promoting delegation and decentralization, clearly defining the authority of the Prime Minister, the Ministry of Finance, and other ministries and sectors assigned by the Government to manage national reserves; ensuring consistency with their responsibilities, powers, and capabilities.

5. Implementing delegation and decentralization in a comprehensive, integrated manner without omission or overlap, ensuring a sound legal basis for the continuous and smooth operation of agencies; preventing work interruptions, overlapping, duplication, or omission of functions, tasks, areas, and regions.

6. Ensuring human rights and citizens' rights; ensuring transparency and creating favorable conditions for individuals and organizations to access information, exercise their rights and obligations, and follow legal procedures; not affecting normal social activities, people's lives, and businesses.

7. Ensuring no impact on the implementation of international treaties and agreements to which the Socialist Republic of Vietnam is a party.

8. Financial resources for delegated and decentralized tasks shall be guaranteed by the state budget as prescribed.

Article 3. Delegation under the National Reserves Law

1. The authority of the Prime Minister stipulated in Article 35, Article 37 of the National Reserves Law and point a, Clause 3, Article 7 of Law No. 56/2024/QH15 shall be decided by the Minister of Finance.

2. The authority of the Prime Minister stipulated in Article 36 of the National Reserves Law shall be decided by the head of the ministry or sector managing national reserves and bear responsibility for such decisions. Within three days from the date of issuance of the Decision, the ministries and sectors managing national reserves shall report to the Ministry of Finance for consolidation and reporting to the Prime Minister.

3. The authority of the Prime Minister stipulated in point c, Clause 2, Article 13 and Clause 1, Article 34 of the National Reserves Law shall be implemented according to Clauses 1 and 2 of this Article.

4. The Minister of Finance shall prescribe the procedures, processes, and formalities for exercising the authority stipulated in Clauses 1 and 2 of this Article.

Article 4. The classification under Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government detailing the implementation of the National Reserve Law

Clause 1. The authority of the Prime Minister stipulated in Clause 1, Article 15 of Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government detailing the implementation of the National Reserve Law shall be decided by the Minister of Finance.

Clause 2. The authority of the Prime Minister stipulated in Clause 3, Article 16 of Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government detailing the implementation of the National Reserve Law shall be decided by the Minister of Finance.

Clause 3. The authority of the Prime Minister stipulated at point c, Clause 3, Article 17 of Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government detailing the implementation of the National Reserve Law shall be decided by the Minister of Finance.

Article 5. Effective Date

1. This Decree takes effect from July 1, 2025.

Clause 2. This Decree ceases to take effect from March 1, 2027, except in the following cases:

a) Ministries and ministerial-level agencies report to the Government for proposal and approval by the National Assembly to extend the application period of this Decree in whole or in part;

b) Laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, resolutions of the Government, decisions of the Prime Minister that specify the authorities and responsibilities for state management as provided in this Decree, adopted or issued from July 1, 2025, taking effect before March 1, 2027, and corresponding provisions in this Decree shall become invalid upon the effectiveness of such legal documents.

Clause 3. During the effective period of the provisions of this Decree, if the provisions on authorities and responsibilities for state management, procedures, and formalities in this Decree differ from related legal documents, they shall be implemented according to the provisions of this Decree.

Article 6. Transitional Provisions

Tasks being organized and implemented without authorization under the National Reserve Law, Law No. 56/2024/QH15, and Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government prior to the effective date of this Decree shall be carried out according to the delegation and classification provisions of this Decree.