Resolution No. 190/2025/QH15 on handling certain issues related to the restructuring of state administrative bodies

 RESOLUTION  

Regarding the handling of certain issues related to the restructuring of state administrative bodies

OF THE NATIONAL ASSEMBLY

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on the Organization of the National Assembly No. 57/2014/QH13, which has been amended and supplemented by Law No. 65/2020/QH14 and Law No. 62/2025/QH15;

RESOLUTION:

Article 1. Scope of Regulation

1. This Resolution stipulates the handling of certain issues related to the restructuring of state administrative bodies, including: principles for handling; changes in the name, organization, and authority titles; implementation of functions, tasks, and powers of organizations and authority titles according to laws, international treaties, and international agreements; and other issues arising during the restructuring of state administrative bodies.

2. This Resolution applies to the restructuring of state administrative bodies in cases of establishment, reorganization (including restructuring and consolidation through division, separation, merger, integration, transformation, or adjustment of functions, tasks, and powers), renaming, changing organizational models and structures, and dissolution of organizations to implement the Party's policy on continuing to reform and streamline the organizational structure of the political system to enhance efficiency and effectiveness.

3. The issues handled under this Resolution are those arising during the restructuring of state administrative bodies that have different contents or are not provided for in existing legal normative documents (excluding the Constitution), administrative documents, and other forms of documents still in effect at the time of restructuring (hereinafter referred to as documents).

Article 2. Principles for Handling Certain Issues Related to the Restructuring of State Administrative Bodies

1. Ensuring compliance with the Constitution and providing a legal basis for the normal, continuous, and smooth operation of organizations; preventing interruptions in work, overlapping, duplication, or omission of functions, tasks, areas, and regions; and avoiding adverse effects on social activities, citizens, and businesses.

2. Ensuring uninterrupted implementation of international treaties and agreements and not affecting Vietnam’s international commitments.

3. Protecting 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 procedures as prescribed by law.

Article 3. Names and Use of Seals of Organizations and Authority Titles

1. When restructuring state administrative bodies, the names of organizations and authority titles specified in existing documents shall be changed to match the names of the organizations and authority titles receiving the functions, tasks, and powers.

2. Organizations and authority titles that change after the restructuring of state administrative bodies shall use seals, complete registration procedures for seal samples, and surrender seals in accordance with the law.

Article 4. Implementation of Functions, Tasks, and Powers of Organizations and Authority Titles

1. When restructuring state administrative bodies, the functions, tasks, and powers of organizations and authority titles as prescribed by law shall continue to be implemented by the organizations and authority titles receiving these functions, tasks, and powers.

2. In cases where the names, functions, tasks, powers, positions, models, and structures of organizations after restructuring differ from those before restructuring, the competent authorities may issue regulations on the functions, tasks, powers, and organizational structures of newly formed organizations that differ from those prescribed in higher-level state administrative body normative legal documents issued prior to restructuring but must ensure consistency with the approved restructuring plan.

3. If the number of deputy heads of an organization exceeds the maximum allowed by law after restructuring, the number of deputy heads must comply with the law within five years from the effective date of the competent authority's decision on restructuring.

4. Where current documents stipulate cooperation responsibilities between organizations subject to restructuring and other organizations, the organization receiving the functions, tasks, and powers of the organization being restructured shall continue to implement such cooperative work as prescribed.

5. After restructuring, the organization receiving the functions, tasks, and powers shall continue to handle ongoing and completed works and procedures previously carried out by organizations subject to restructuring. For issues arising after restructuring that require resolution, the organization receiving the functions, tasks, and powers shall coordinate with relevant organizations to resolve these issues.

6. Supervision, inspection, auditing, and inspection of organizations formed or receiving functions, tasks, and powers after restructuring shall be conducted in accordance with the law and must ensure continuity without gaps or overlaps in supervisory, inspection, auditing, and inspection authority scopes and without adversely affecting the normal operations of supervised organizations.

Article 5. Implementation of administrative procedures

1. In cases where there is a change in the competent authority or position responsible for implementing administrative procedures following the restructuring of state organizational structures, the competent authority or person responsible for announcing such administrative procedures must immediately adjust and announce the adjusted administrative procedures in accordance with the provisions of the law.

2. The competent authority or position assuming functions, tasks, and powers to implement administrative procedures shall have the following responsibilities:

a) To ensure the implementation of administrative procedures is smooth and uninterrupted;

b) Not to request individuals or organizations to resubmit previously submitted files; not to repeat steps in administrative procedures that were completed before the restructuring;

c) To publicly announce information as prescribed in Article 12 of this Resolution.

Article 6. Detention, pre-trial detention, prosecution, and enforcement activities

1. The competent authority or person assuming functions, tasks, and powers in detention, pre-trial detention, prosecution, and enforcement activities shall be responsible for organizing the implementation of these activities within the time limits, procedures, and processes stipulated by law.

2. In cases where the competent authority or person in detention, pre-trial detention, prosecution, and enforcement activities has already implemented one or more aspects of these activities in specific cases according to the law prior to the restructuring of state organizational structures, the competent authority or person assuming functions, tasks, and powers shall not repeat these aspects after the restructuring of state organizational structures.

The competent authority or person assuming functions, tasks, and powers in detention, pre-trial detention, prosecution, and enforcement activities shall continue to implement these activities within the time limits, procedures, and processes stipulated by law to resolve the cases and matters at hand.

Article 7. Implementation of inspection functions, citizen reception, complaint resolution, accusation handling, anti-corruption, and anti-negligence

a) The inspection agency continues to perform the inspection functions of the transferred agency after the restructuring of state organizational structures;

b) If an agency no longer has an inspection organization after the restructuring of state organizational structures, it performs inspection functions within its scope of state management as prescribed by law;

An agency assigned to perform specialized inspection functions after the restructuring of state organizational structures does not perform specialized inspection functions but instead performs specialized inspection tasks as prescribed by law;

c) For Ministries and agencies equivalent to Ministries that no longer have inspection organizations after the restructuring of state organizational structures, if necessary, the Minister or Head of the agency equivalent to a Ministry may establish an inspection team or request the Government Inspectorate to conduct inspections.

Specifically, the inspection agencies of the Ministry of National Defense, the Ministry of Public Security, the State Bank of Vietnam, and other inspection agencies established under international treaties to which the Socialist Republic of Vietnam is a party shall continue to perform their inspection functions as prescribed by law.

3. If an agency no longer has an inspection organization after the restructuring of state organizational structures, the head of the agency shall assign subordinate units to perform citizen reception, complaint resolution, accusation handling, and anti-corruption, anti-waste, and anti-negligence functions as prescribed by law.

Article 8. Competence to impose administrative sanctions

1. Positions with competence to impose administrative sanctions that have been renamed due to state organizational restructuring but without changes in their tasks and powers shall retain their competence to impose administrative sanctions as prescribed by laws on handling administrative violations.

2. Positions with competence to impose administrative sanctions that have undergone changes in their tasks and powers due to state organizational restructuring shall have their competence to impose administrative sanctions defined by the Government in accordance with the principles of the Law on Handling Administrative Violations.

Until the Government issues regulations, the competence to impose administrative sanctions in areas under state management shall continue to be exercised by the Inspector General, the Chairman of the People's Committee, or other positions currently having such competence, in accordance with existing laws until replaced by new regulations.

Article 9. Implementation of international treaties and agreements

1. In cases where agencies subject to state organizational restructuring are performing functions, tasks, and powers related to signing and implementing international treaties and agreements to which the Socialist Republic of Vietnam is a member or a signatory, the agency receiving such functions, tasks, and powers shall be responsible for the following:

a) Performing the functions, tasks, and powers of the agency proposing to sign and the lead agency implementing international treaties and agreements as prescribed by the Law on International Treaties and the Law on International Agreements;

b) Proactively reviewing provisions of international treaties and agreements affected by state organizational restructuring;

c) Notifying, exchanging, and agreeing with foreign partners on the necessity to amend provisions related to the name of the agency specified in international treaties and agreements (if applicable);

d) Notifying foreign partners about the succession of all or part of the international agreement on behalf of the transferring agency and proactively conducting procedures to amend provisions of the affected international agreement (if applicable).

2. If it is necessary to amend the provision regarding the name of the agency in an effective international treaty, the agency receiving the functions, tasks, and powers shall propose the amendment content and notify the Ministry of Foreign Affairs. Based on consensus with the agency receiving the functions, tasks, and powers, the Ministry of Foreign Affairs will send a Note Verbale to the foreign partner notifying the amendment of the provision regarding the name of the agency in the international treaty.

If it is necessary to amend the provision regarding the name of the agency in an international agreement, the agency receiving the functions, tasks, and powers shall exchange and agree with the foreign partner on amending the provision regarding the name of the agency; then notify the Ministry of Foreign Affairs about the amendment for monitoring and coordination.

3. For international treaties or agreements signed on behalf of the State, National Assembly, or Government that have completed negotiations but not yet signed, the agency receiving the functions, tasks, and powers shall proactively exchange with the foreign partner to amend the provision regarding the name of the agency (if applicable).

4. For international treaties or agreements signed on behalf of the State, National Assembly, or Government that have not yet taken effect, in case of necessity, the agency receiving the functions, tasks, and powers shall exchange and agree with the foreign partner on the method to amend the provision regarding the name of the agency and notify the Ministry of Foreign Affairs for coordinated monitoring.

5. In cases where issues arise that fall under the responsibility of multiple agencies or issues not covered by this Article, the relevant agency shall report to the Prime Minister for consideration and decision.

Article 10. Documents and papers issued and granted by agencies and positions with authority

1. Documents and papers issued and granted by agencies and positions with authority before the restructuring of state administrative apparatus that have not yet expired their validity or usage period shall continue to be applied and used according to the provisions of the law until their expiration date or until they are amended, supplemented, replaced, abolished, revoked, or recalled by the agency or person receiving the functions, tasks, and powers or by the agency or person with authority.

2. It is not required for organizations and individuals to go through procedures to replace papers issued by agencies and positions with authority before the implementation of the restructuring of state administrative apparatus when these papers have not yet reached their usage period, except where otherwise provided by law.

3. The Prime Minister shall abolish legal normative documents no longer in use issued by ministers or heads of ministerial-level agencies or jointly with other ministers or heads of ministerial-level agencies before the restructuring of state administrative apparatus, if after the restructuring, the competent authority to abolish such documents cannot be determined.

Article 11. Review and handling of documents

1. The review and determination of measures to handle legal normative documents affected by the restructuring of state administrative apparatus must be carried out within three months from the date this Resolution takes effect.

2. Agencies and persons with authority must issue legal normative documents within their authority or submit them to higher authorities for issuance following simplified procedures to handle documents affected by the restructuring of state administrative apparatus, ensuring completion by March 1, 2027.

3. There is no obligation to issue documents solely for handling content related to the name changes of agencies and positions with authority due to the restructuring of state administrative apparatus.

Article 12. Responsibilities for publicizing information and guiding implementation

1. Agencies receiving functions, tasks, and powers are responsible for publicly announcing the following contents immediately upon receipt of documents from agencies or persons with authority defining functions, tasks, powers, organizational structure, or regulations related to changes in the names, functions, tasks, and powers of their own agencies:

a) Documents from agencies and persons with authority related to the restructuring of state administrative apparatus, excluding those containing state secrets;

b) Changes in the names of agencies and positions with authority;

c) Adjustments in the functions, tasks, and powers of agencies and positions with authority;

d) Changes in agencies and positions with authority implementing administrative procedures;

e) Changes in the authority to impose administrative penalties.

2. Publicizing the contents stipulated in Clause 1 of this Article shall be conducted on the electronic portal or website of the agency receiving functions, tasks, and powers, and other appropriate forms; simultaneously, it must be centrally publicized on the electronic portal of the People's Committee at the provincial level for information from provincial agencies, and on the electronic portal of the People's Committee at the district level for information from district agencies.

3. The Ministry of Foreign Affairs is responsible for informing foreign countries and international regional organizations about the organization of agencies of the 15th National Assembly and the organizational structure of the Government during the 15th National Assembly term after the restructuring of state administrative apparatus.

4. Agencies after the restructuring of state administrative apparatus are responsible for receiving, responding, guiding, and answering issues related to their functions, tasks, and powers when requests or suggestions are received from agencies, organizations, or individuals, ensuring compliance with the principles stipulated in Article 2 of this Resolution.

Article 13. Resolution of issues arising when restructuring state administrative apparatus

1. The Government, the President of the Supreme People's Court, and the Prosecutor General shall examine and issue documents to resolve or authorize the issuance of documents to resolve issues arising within the jurisdiction of the National Assembly when restructuring the state administrative apparatus, and report quarterly to the Standing Committee of the National Assembly and at the nearest session of the National Assembly.

2. The Standing Committee of the National Assembly, the Government, the Prime Minister, the President of the Supreme People's Court, the Prosecutor General, Ministers, Heads of ministerial-level agencies, the State Auditor General, People's Councils, and People's Committees at provincial level shall be responsible for examining and issuing documents or authorizing the issuance of documents to resolve issues arising when restructuring the state administrative apparatus within their respective duties and powers.

3. The agencies and persons with authority as stipulated in Clause 1 and Clause 2 of this Article may issue administrative documents to guide the resolution of arising issues. The issuance of administrative documents must meet the following conditions:

a) The purpose of issuing administrative documents is to promptly guide the resolution of issues arising from the restructuring of the state administrative apparatus as specified in Clause 2 and Clause 3 of Article 1 of this Resolution;

b) The guidance content must be consistent with the functions, tasks, and authorities of the agency or person issuing the guidance and the principles set forth in Article 2 of this Resolution;

c) No additional requirements, conditions, or increased time for resolution, costs, or difficulties for individuals or organizations during implementation shall be imposed;

d) Guidance documents must be made public through the methods prescribed in Clause 2 of Article 12 of this Resolution.

4. The agencies and persons with authority as stipulated in Clause 1 and Clause 2 of this Article shall be responsible for simultaneously organizing the drafting and issuance of legal normative documents within their authority or submitting to competent agencies or persons for the amendment, supplementation, or issuance of legal normative documents to adjust the content stipulated in administrative documents or the content authorized for issuance.

Administrative documents and documents issued under authorization must be abolished immediately by the agency or person that issued them upon the effectiveness of the legal normative document issued by the competent agency or person.

Article 14. Implementation Organization

1. The Standing Committee of the National Assembly, the Government, the Prime Minister, the President of the Supreme People's Court, the Prosecutor General, Ministers, Heads of ministerial-level agencies, the State Auditor General, local governments at all levels, and related agencies and organizations, within the scope of their assigned functions, tasks, and authorities, shall be responsible for guiding, organizing the implementation, and reporting to the competent authority on the implementation of this Resolution.

2. The Vietnam Fatherland Front and its member organizations shall organize the implementation of this Resolution within their respective organizations based on this Resolution.

3. The Standing Committee of the National Assembly, the Vietnam Fatherland Front, the National Ethnic Council, the Committees of the National Assembly, Delegations of the National Assembly, and National Assembly deputies, People's Councils, and People's Council deputies at all levels, within the scope of their respective duties and authorities, shall supervise the implementation of this Resolution.

Article 15. Effective Date

This Resolution shall take effect from February 19, 2025.

This Resolution shall be implemented until February 28, 2027, except for the provisions in Clause 1 of Article 3, Clause 3 of Article 4, and Clause 3 of Article 11 of this Resolution.

Based on actual circumstances, the Government shall report to the National Assembly for consideration and decision on extending the implementation period of this Resolution before the end of the term specified in Clause 2 of this Article if deemed necessary.

RESOLUTIONResolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 15th term, the extraordinary session number nine on 19 February 2025.