Arrange the organizational structure to ensure compliance with the Constitution and avoid work interruptions.

At the 9th Extraordinary Session, the 15th National Assembly issued Resolution No. 190/2025/QH15, which took effect from February 19, 2025. The Resolution was promptly issued to create a legal basis for implementing the reorganization of the apparatus of state agencies at the central and local levels according to the requirements of Resolution 18, the policies and directions of the Politburo and the Secretariat.

Delegates attending to grasp the new resolution of the National Assembly

Accordingly, the requirement is to promptly handle issues arising during the implementation of the reorganization of the state apparatus, avoiding legal gaps in the context of not being able to amend or supplement a large number of legal documents. Aiming to ensure the normal, continuous and smooth operation of the state apparatus and the whole society. Not interrupting the implementation of international treaties and international agreements, ensuring human rights and civil rights according to the provisions of law.

The Resolution clearly states: When implementing the arrangement of the state apparatus, the names of the competent agencies and positions prescribed in the documents shall be converted to the names of the agencies and positions receiving those functions, tasks and powers.

Competent authorities and positions that have changed after the reorganization of the state apparatus are allowed to use seals, carry out procedures for registering seal samples, and hand over seals according to the provisions of law.

Regarding the implementation of administrative procedures, in case there is a change in the agency or position with authority to implement administrative procedures after the reorganization of the state apparatus, the agency or person with authority to promulgate the administrative procedure must immediately make adjustments and promulgate the adjusted administrative procedure in accordance with the provisions of law.

The competent authority or title receiving the functions, tasks and powers to carry out administrative procedures shall be responsible for: Organizing the implementation of administrative procedures to ensure smoothness and without interruption; not requiring individuals or organizations to resubmit submitted documents; not re-performing steps in administrative procedures that were performed before the arrangement...

Resolution 190 clearly stipulates in Article 4 on the implementation of functions, tasks and powers of competent agencies and positions. Accordingly, 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 implemented by the agency or position that receives 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.

In case the current document stipulates the responsibility for coordinating work between the agency subject to the arrangement and other agencies, the agency receiving the functions, tasks and powers of the arranged agency shall be responsible for continuing to perform the content of that work according to regulations.

The agency receiving the functions, tasks, and powers after the reorganization of the state apparatus shall continue to perform the tasks and procedures that are being performed by the agencies subject to the reorganization. In case the tasks and procedures are being performed or have been completed before the reorganization of the state apparatus but related issues arise that need to be resolved after the reorganization, the agency receiving the functions, tasks, and powers shall be responsible for coordinating with the relevant agencies to resolve such 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.

Article 5 on Implementation of Administrative Procedures clearly stipulates: In case of change in the agency or position with authority to implement administrative procedures after the reorganization of the state apparatus, the agency or person with authority to promulgate the administrative procedure must immediately make adjustments and promulgate the adjusted administrative procedure in accordance with the provisions of law.

The competent authority or title receiving the functions, tasks and powers to carry out administrative procedures is responsible for organizing the implementation of administrative procedures to ensure smooth and uninterrupted operation; not requiring individuals or organizations to resubmit submitted documents; not re-performing steps in administrative procedures that were performed before the arrangement.

In particular, Clause 2, Article 10, Resolution 190 stipulates that "Organizations and individuals shall not be required to carry out procedures to issue and change documents that have been issued by competent agencies and positions before implementing the arrangement and organization of the state apparatus when these documents have not expired, except in cases where the law provides otherwise."

Source: http://baolamdong.vn/chinh-tri/202504/sap-xep-to-chuc-bo-may-bao-dam-phu-hop-hien-phap-khong-de-gian-doan-cong-viec-00375f4/