The National Assembly's Resolution clearly states that the principle for handling a number of issues related to the reorganization of the state apparatus is to ensure compliance with the provisions of the Constitution and ensure a legal basis for the normal, continuous, and smooth operation of agencies; not to interrupt work, not to overlap, duplicate, or omit functions, tasks, fields, and areas.
Continue the program At the 9th extraordinary session on the morning of February 19, with 456/459 delegates participating in the vote in favor (accounting for 95.40% of the total number of delegates), the National Assembly passed the Resolution of the National Assembly regulating the handling of a number of issues related to reorganize the state apparatus
Handling issues arising in the process of reorganizing the state apparatus
The Resolution stipulates the handling of a number of issues related to the reorganization of the state apparatus, including: handling principles; changing the names of competent agencies, organizations, units, and positions; performing the functions, tasks, and powers of competent agencies and positions according to the provisions of law, international treaties, international agreements, and handling of a number of other issues when implementing the reorganization.
This Resolution is applied to the arrangement of the state apparatus in cases of establishment and reorganization (including the arrangement and consolidation of the organization of agencies in the form of division, separation, merger, consolidation, conversion or adjustment of functions, tasks and powers), change of name, change of model, organizational structure, dissolution of agencies to implement the Party's policy on continuing to innovate and arrange the organization of the political system to be streamlined and operate effectively and efficiently.
Issues handled under this Resolution are issues arising in the process of reorganizing the state apparatus that have different contents or are not yet regulated in legal documents (except the Constitution), administrative documents and other forms of documents that are still in effect at the time of reorganizing the state apparatus (hereinafter referred to as documents).
The principle of handling a number of issues related to the reorganization of the state apparatus is to ensure compliance with the provisions of the Constitution and ensure the legal basis for the normal, continuous and smooth operation of agencies; not to interrupt work, not to overlap, duplicate or omit functions, tasks, fields and areas; not to affect the normal operations of society, people and businesses.
At the same time, ensure that the implementation of international treaties and international agreements is not interrupted and that the implementation of international commitments of the Socialist Republic of Vietnam is not affected; ensure human rights and civil rights; ensure publicity and transparency, and create favorable conditions for individuals and organizations to access information, exercise rights, obligations and procedures as prescribed by law.
Notably, regarding the implementation of functions, tasks and powers of competent agencies and positions, when implementing the arrangement of the state apparatus, the functions, tasks and powers of competent agencies and positions as prescribed by law shall continue to be performed by the agency or position receiving such functions, tasks and powers.
In case the name, functions, tasks, powers, positions, models, and organizational structures of the agencies after the reorganization change, the competent agency or person shall issue regulations on the functions, tasks, powers, and organizational structures of the agencies formed after the reorganization that are different from the regulations in the legal documents of the superior state agencies issued before the reorganization of the state apparatus, but must ensure that they are consistent with the reorganization plan approved by the competent authority.
When reorganizing the state apparatus and the number of deputies of the agency head is greater than the maximum number prescribed by law, no later than 5 years from the effective date of the decision on reorganizing the apparatus by the competent authority, the number of deputies of the agency head must comply with the regulations.
Periodically report to the National Assembly and the National Assembly Standing Committee on resolving arising issues.
The supervision, inspection, audit and examination of agencies established or receiving functions, tasks and powers after the reorganization of the state apparatus must be carried out in accordance with the provisions of law and must ensure continuity, no vacancy or duplication in the scope of supervision, inspection, audit and examination authority and must not affect the normal operation of the agency subject to supervision, inspection, audit and examination.
Regarding the authority to handle administrative violations, the positions with the authority to handle administrative violations due to the reorganization of the state apparatus leading to a change in name but no change in duties and powers shall retain the authority to handle administrative violations according to the provisions of the law on handling administrative violations.
The Government shall prescribe the authority to sanction administrative violations of positions with authority to sanction administrative violations due to the reorganization of the state apparatus leading to changes in duties and powers in accordance with the principles of the Law on Handling of Administrative Violations.
During the time the Government has not yet issued regulations, the authority to sanction administrative violations in the fields of state management by the Chief Inspector, Chairman of the People's Committee or other positions with the authority to sanction shall continue to be implemented in accordance with the provisions of law until there are replacement regulations...
Regarding the settlement of issues arising during the reorganization of the state apparatus, the Government, the Chief Justice of the Supreme People's Court, and the Chief Procurator of the Supreme People's Procuracy shall consider and issue documents to resolve or authorize the issuance of documents to resolve issues arising under the authority of the National Assembly during the reorganization of the state apparatus, periodically report to the National Assembly Standing Committee every quarter and report to the National Assembly at the nearest session.
The Standing Committee of the National Assembly, the Government, the Prime Minister, the Chief Justice of the Supreme People's Court, the Chief Procurator of the Supreme People's Procuracy, Ministers, Heads of ministerial-level agencies, the State Auditor General, the People's Councils, and the People's Committees at the provincial level are responsible for reviewing and issuing documents or authorizing the issuance of documents to resolve issues arising in the reorganization of the state apparatus within the scope of their tasks and powers.
This Resolution takes effect from the date of its approval by the National Assembly and shall be implemented until February 28, 2027.
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