On the morning of February 19, continuing the program of the 9th Extraordinary Session, the National Assembly voted to pass the Resolution of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus.
With 456/459 National Assembly deputies present in agreement, reaching a rate of 99.34% (equal to 95.40% of the total number of National Assembly deputies).
The Resolution regulating the handling of a number of issues related to the arrangement of the state apparatus includes 15 articles regulating the handling of a number of issues related to the arrangement of the state apparatus, including: Principles of handling; changing the name of an agency, organization, unit (hereinafter referred to as an agency), competent title; performing the functions, tasks, and powers of a competent agency, title according to the provisions of law, international treaties, international agreements and handling a number of other issues when implementing the arrangement.
Issues handled under this Resolution are issues arising in the process of arranging the state apparatus with other contents or not yet stipulated in legal documents (except the Constitution), administrative documents and other forms of documents that are still in effect at the time of implementing the state apparatus arrangement.
This Resolution takes effect from the date of approval by the National Assembly and is implemented until February 28, 2027.
Previously, presenting the Report on explanation, acceptance and revision of the draft Resolution of the National Assembly regulating the handling of a number of issues related to the arrangement of the state apparatus, Chairman of the Law and Justice Committee Hoang Thanh Tung said that regarding the implementation of functions, tasks, powers of agencies, competent persons and the implementation of inspection functions (Articles 4 and 7) there are opinions suggesting considering allowing regulations on the organizational structure of agencies after the arrangement to be different from the current regulations in Clause 2, Article 4.
The National Assembly Standing Committee finds that it is extremely necessary to allow competent agencies and individuals to issue documents regulating the functions, tasks, powers, and organizational structure of agencies formed after the reorganization other than the provisions in legal documents issued by superior state agencies before the reorganization because if we have to wait for the amendment and supplementation of the above documents, it will not be possible to meet the urgent, timely, and synchronous requirements of the reorganization of the state apparatus.
Regarding the regulation that the Government, Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy report and ask for opinions from the National Assembly Standing Committee before resolving arising issues related to the arrangement of the state apparatus under the authority of the National Assembly and not authorized (Clause 1, Article 13), the National Assembly Standing Committee found that the regulation as in the draft Resolution is to ensure timely removal of obstacles and handling of arising issues, ensuring normal and continuous operation of agencies, people and society in general, especially in the context of this arrangement involving many levels, many sectors, high complexity, many problems that are difficult to predict. This content has been reported and approved by competent authorities.
To ensure strictness and avoid abuse, the draft Resolution has stipulated a mechanism for reporting to the National Assembly, the National Assembly Standing Committee and specific conditions for issuing administrative documents to exercise the authority prescribed in Clause 1 and Clause 2, Article 13.
Along with that, competent agencies and individuals must urgently organize the development and promulgation of legal documents according to their authority or submit to competent agencies and individuals to amend, supplement, and promulgate legal documents to adjust relevant content, ensuring consistency and unity in the legal system.
