At the 9th Extraordinary Session, authorized by the Prime Minister, Minister of Justice Nguyen Hai Ninh presented a draft Resolution of the National Assembly regulating the handling of a number of issues related to the reorganization of the state apparatus.
According to Mr. Ninh, the issuance of the Resolution aims to create a legal basis for implementing the organizational arrangement of state agencies at the central and local levels.
Thereby, promptly handling issues arising during the implementation of organizational restructuring, avoiding legal gaps, ensuring 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 draft resolution consists of 15 articles. Article 1 specifically defines the scope of regulation, including: Principles of handling; changing the name of agencies, organizations, units (hereinafter referred to as agencies), and competent positions; performing the functions, tasks, and powers of agencies and competent positions according to the provisions of law, international treaties, international agreements, and handling of a number of other issues when implementing the arrangement.
The Resolution applies in cases of establishment and reorganization (including the arrangement and consolidation 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 rearrange the organization of the political system to be streamlined and operate effectively and efficiently.
Article 2 stipulates general principles in handling a number of issues related to the organization of the state apparatus.
Articles 3 to 12 stipulate specific principles for handling a number of issues related to the organization of the state apparatus:
Notably, Article 4 stipulates the implementation of functions, tasks and powers of competent agencies and persons: When reorganizing the state apparatus and the number of deputies of the head of the agency is greater than the maximum number according to current regulations, then no later than 5 years from the effective date of the decision to reorganize the apparatus of the competent authority, the number of deputies of the head of the agency must comply with regulations.
The Draft Law also stipulates the responsibilities of competent agencies and individuals in resolving issues arising when implementing the reorganization of the state apparatus.
In particular, the National Assembly assigns the Government, the Chief Justice of the Supreme People's Court, and the Chief Procurator of the Supreme People's Procuracy to consider, issue documents, resolve or authorize the issuance of documents to resolve arising issues under the authority of the National Assembly, periodically report to the National Assembly Standing Committee every quarter and report to the National Assembly at the nearest session.
This Resolution, when passed, is expected to take effect from March 1, 2025 and be implemented until February 28, 2027.
In case it is necessary to extend the application period, the Government shall report to the National Assembly for consideration and decision at the 2nd session of the 16th National Assembly (October 2026).
