Decree No. 138/2016/ND-CP Issuing the Operational Regulations of the Government

PART I

GENERAL PROVISIONS

Article 1. Scope and Objects Regulated

1. These regulations stipulate the principles of work; responsibility systems; working relationships; methods and procedures for handling tasks of the Government and the Prime Minister of the Government.

2. Members of the Government, ministries, ministerial-level agencies, government-affiliated agencies, People's Councils, provincial People's Committees (hereinafter referred to as: ministries, agencies, localities), and agencies, organizations, and individuals having working relations with the Government and the Prime Minister of the Government shall be subject to these regulations.

Article 2. Principles of Work of the Government

1. The Government operates under a system combining the authority and responsibility of the Government collective with the individual authority and responsibility of the Prime Minister and each member of the Government. The Government decides according to the principle of majority rule for matters within its jurisdiction. All activities of the Government and its members must ensure Party leadership, comply with the Constitution and laws.

2. Emphasizing the personal responsibility of the head, each task is assigned to one person in charge and responsible. If the task is assigned to a ministry, ministerial-level agency, or provincial People's Committee, then the Minister, Head of the ministerial-level agency, or Chairman of the provincial People's Committee must bear responsibility.

3. Proactively handle tasks within the scope of delegated authority, in accordance with prescribed legal procedures and the Operational Regulations of the Government. Ensure requirements for cooperation in work, information exchange in handling tasks and all activities according to functions, duties, and powers defined by law; subordinates must obey the leadership and directives of superiors.

4. Implement reasonable decentralization and delegation of authority to local governments as provided by law, ensuring unified management by the Government; at the same time, promote the initiative, responsibility, and creativity of local governments in performing state management tasks.

5. Publicize, ensure transparency, modernize the operations of the Government, ministries, ministerial-level agencies, and administrative agencies at all levels; implement a unified, smooth, continuous, democratic, modern, honest administration serving the people and subject to people's inspection and supervision.

Chapter II

RESPONSIBILITY, SCOPE, AND METHODS OF HANDLING TASKS

Article 3. Responsibility, Scope, and Methods of Handling Tasks of the Government

1. The Government uniformly manages the national administrative system from central to local levels; fully performs the tasks and powers of the Government as stipulated in the Constitution and laws.

2. Methods of handling tasks of the Government:

a) Discussion and decision-making at Government meetings;

b) Sending ballots to seek opinions from Government members.

3. Government decisions must be approved by more than half of the total number of Government members. When voting at Government meetings or using ballots to seek opinions from Government members, if the number of votes in favor and against are equal, the decision will follow the opinion of the Prime Minister who has voted.

4. The Government assigns the Prime Minister to represent the Government in examining and deciding urgent and critical issues within its jurisdiction that need immediate resolution or issues that have been agreed upon in principle by the Government. The Prime Minister reports at the nearest Government meeting about the issues decided.

5. The Government decentralizes and delegates authority to local governments to decide or implement certain state management tasks in their respective sectors and areas of management in accordance with legal provisions and the conditions and capabilities of local governments.

Article 4. Issues for discussion and decision-making by the Government

1. The Government's proposals on drafting laws, ordinances, resolutions to be submitted to the National Assembly and the Standing Committee of the National Assembly; draft laws and resolutions to be submitted to the National Assembly; draft ordinances and resolutions to be submitted to the Standing Committee of the National Assembly.

2. Strategies, plans, long-term and annual socio-economic development plans; state budget estimates and central government budget allocation schemes annually; final accounts of the state budget.

3. Monthly, six-monthly, and annual socio-economic situations; tasks and solutions for directing and managing the implementation of the Socio-Economic Development Plan.

4. The organizational structure of the Government; establishment and abolition of ministries and ministerial-level agencies; establishment, merger, dissolution of agencies under the Government; establishment, dissolution, merger, division, adjustment of administrative boundaries of provinces and centrally-administered cities, special administrative-economic units.

5. Annual work programs of the Government; review of the Government’s and Prime Minister’s leadership and management activities and the implementation of the Government’s operational regulations.

6. Issues that the law stipulates the Government must discuss and decide upon.

7. Other necessary issues as decided by the Prime Minister.

Article 5. Responsibilities, scope, and methods of handling work by the Prime Minister

1. The Prime Minister is responsible for fully performing the tasks and powers prescribed by the Constitution and laws; leading the Government's work; directing, coordinating, and harmonizing the activities among Government members; leading, directing, and supervising the activities of ministers, heads of ministerial-level agencies, local authorities, and heads of units within the national administrative system from central to local levels; directly directing and managing important strategic tasks across all areas of work within the Government's responsibilities and powers.

2. Methods of handling work by the Prime Minister:

a) Deciding and directing the drafting of regulatory legal documents, strategies, plans, policies within the Government's and Prime Minister's authority; proposing and drafting policies, draft laws, ordinances to be submitted to the National Assembly and the Standing Committee of the National Assembly for consideration and decision.

b) Deciding to pilot the implementation of mechanisms and policies for necessary issues as prescribed, serving as a basis for adjusting or issuing new mechanisms and policies.

c) The Prime Minister directly handles work or assigns Deputy Prime Ministers to handle work on behalf of the Prime Minister based on files submitted by ministries, agencies, localities, organizations, and individuals, and summarized in the Work Resolution Form of the Government Office as stipulated in Chapter III of this Regulation. In necessary cases, the Prime Minister directly handles work based on files submitted by ministries, agencies, localities, organizations, and individuals concerned without necessarily having the Work Resolution Form of the Government Office.

d) The Prime Minister convenes, chairs, and decides on issues to be discussed at Government meetings.

đ) The Prime Minister directly or assigns Deputy Prime Ministers to chair meetings and work with leaders of ministries, agencies, and localities related to examine before deciding.

e) In cases where it is deemed necessary due to the importance and urgency of the work, the Prime Minister directly directs the resolution of matters within the authority of ministers, heads of ministerial-level agencies, agencies under the Government, and Chairmen of provincial People's Committees.

g) Assigning the Minister in charge of the Government Office to chair meetings and work with leaders of ministries, agencies, organizations, and individuals related to resolve issues with differing opinions between ministries and agencies before submitting them to the Government and the Prime Minister for decision.

h) Deciding on issues with differing opinions between ministers and heads of ministerial-level agencies before submitting them to the Government.

i) Issuing regulatory legal documents within the authority; signing on behalf of the Government for Government documents; issuing directives and management documents to implement tasks and powers as prescribed.

k) Delegating a member of the Government to represent the Government in presenting projects, drafts, reports of the Government to the National Assembly, the President, and other agencies as prescribed.

l) Delegating Deputy Prime Ministers or Ministers, Heads of ministerial-level agencies to perform one or more tasks within the Prime Minister's authority.

m) Establishing inter-ministerial coordination organizations to direct complex and important issues involving multiple sectors, fields, and regions and requiring long-term resolution.

n) When the Prime Minister is absent and when deemed necessary, delegating the Permanent Deputy Prime Minister or another Deputy Prime Minister to lead the Government's work and handle matters assigned to the Prime Minister according to regulations.

o) When a Deputy Prime Minister is absent, the Prime Minister directly directs the resolution of work or assigns another Deputy Prime Minister to handle the work delegated to the absent Deputy Prime Minister.

p) In addition to the above methods, the Prime Minister resolves work through: Field trips; inspecting and urging the implementation of mechanisms, policies, and laws at localities and grassroots levels; explaining and answering questions from National Assembly deputies; responding to citizens' petitions; press conferences; receiving citizens, and other methods.

Article 6. Responsibilities, scope, and methods for handling tasks of Deputy Prime Ministers

1. The Prime Minister assigns Deputy Prime Ministers to assist the Prime Minister in handling tasks according to the following principles:

a) Deputy Prime Ministers assist the Prime Minister in performing the Prime Minister's duties in their respective fields of work and within the scope of authority delegated by the Prime Minister.

b) Within the scope of assigned tasks, Deputy Prime Ministers may exercise the Prime Minister's powers, act on behalf of the Prime Minister when handling tasks, and are responsible to the Prime Minister and under the law for their decisions.

c) Deputy Prime Ministers proactively handle assigned tasks; if significant, important, or sensitive issues arise, they must promptly report to the Prime Minister; while executing their duties, if issues related to another Deputy Prime Minister's field arise, they directly coordinate with that Deputy Prime Minister to resolve them or coordinate through the Office of the Government's Task Resolution Form. In cases where Deputy Prime Ministers have differing opinions, the Deputy Prime Minister currently leading the task resolution reports to the Prime Minister for consideration and decision.

2. Methods for handling tasks of Deputy Prime Ministers:

a) Deputy Prime Ministers directly handle tasks based on the dossier submitted by ministries, agencies, localities, organizations, and individuals, which is summarized in the Office of the Government's Task Resolution Form as stipulated in Chapter III of this Regulation. If necessary, Deputy Prime Ministers can directly handle tasks based on the dossier submitted by ministries, agencies, localities, organizations, and individuals without necessarily having the Office of the Government's Task Resolution Form.

b) Lead in resolving inter-ministerial coordination issues and consider and resolve recommendations from ministries, agencies, and localities within the Prime Minister's jurisdiction within the assigned scope.

c) Chair meetings and work sessions with leaders of relevant ministries, agencies, and localities to review before making decisions.

d) Direct, monitor, and resolve specific issues within the Prime Minister's jurisdiction; sign on behalf of the Prime Minister documents within the Prime Minister's jurisdiction within the assigned fields and tasks.

đ) Other methods for handling tasks as prescribed in point p, Clause 2, Article 5 of this Regulation.

Article 7. Responsibilities, scope, and methods for handling tasks of members of the Government who are Ministers and Heads of equivalent agencies

1. Members of the Government fully perform the tasks and powers prescribed in the Constitution and laws; they are responsible for participating in resolving common tasks of the Government collective; together with the Government collective, they decide and jointly bear responsibility for issues within the Government's tasks and powers.

2. Strictly implement Government and Prime Minister decisions; they shall not make statements or act contrary to Government and Prime Minister decisions. If they have different opinions on those decisions, they still must comply but can present their views to the Government collective, Prime Minister regarding the issue and retain their opinion. If violated, depending on the nature and extent, they will be held accountable before the Government collective.

3. Methods for handling tasks of Government members:

a) Proactively and timely propose to the Government and Prime Minister necessary policies, mechanisms, regulations, and legal documents to be issued or amended within the Government and Prime Minister's jurisdiction.

b) Proactively work with the Prime Minister, Deputy Prime Ministers, and other Government members on tasks within the Government and Prime Minister's jurisdiction and other related tasks.

c) Direct, monitor, guide, and inspect the implementation of policies and laws, the execution of strategies, plans, programs, and Government and Prime Minister decisions concerning the assigned or delegated sectors and fields.

d) Fully participate in Government sessions, discuss, and vote at Government sessions; respond within the deadline, comprehensively, and clearly state their opinions in the member consultation form.

đ) Chair meetings with relevant ministries, agencies, localities, organizations, and individuals to resolve assigned tasks within the jurisdiction or discuss and unify issues with differing opinions among ministries and agencies before submitting to the Government and Prime Minister.

e) Other methods for handling tasks as prescribed in point p, Clause 2, Article 5 of this Regulation.

g) Each Government member has a government email account and connects to the administrative electronic network to receive, send information, documents, meeting invitations, exchange opinions, and resolve tasks.

Article 8. Responsibilities, scope, and methods for handling work of Ministers and Heads of equivalent agencies

1. Ministers and Heads of equivalent agencies must uphold personal responsibility, fully perform their duties and powers as prescribed by the Constitution, laws, and tasks assigned by the Government and the Prime Minister, including delegated tasks; they shall be personally responsible for all aspects of work of their ministries or equivalent agencies, including tasks that have been delegated to deputy ministers or deputy heads.

2. Methods for handling work of Ministers and Heads of equivalent agencies:

a) Ministers and Heads of equivalent agencies directly handle work within the scope of management of their ministries or equivalent agencies; they assign Deputy Ministers or Deputy Heads to oversee, direct, and resolve certain tasks within their authority;

b) When absent and if necessary, Ministers and Heads of equivalent agencies may delegate a Deputy Minister or Deputy Head to lead operations and resolve work of their ministries or equivalent agencies;

c) Decide according to their authority or submit matters related to functions and tasks under their jurisdiction to the Government or the Prime Minister for decision according to their authority; do not transfer tasks within their duties and powers to the Prime Minister or other ministries or agencies; do not resolve tasks within the authority of other ministries or agencies except as directed or delegated by the Prime Minister;

d) For issues exceeding their authority or although within their authority but complex in content and inter-departmental in nature, even after coordination has been attempted without reaching consensus, Ministers and Heads of equivalent agencies shall submit such issues to the Government or the Prime Minister for consideration and decision;

đ) Participate in meetings, work sessions, or provide written responses on issues related to their functions and tasks under their jurisdiction at the request of other Ministers, Heads of equivalent agencies, Chairpersons of Provincial People's Councils, relevant organizations, or individuals;

e) Issue regulatory legal documents and administrative documents according to their authority to fulfill state management functions for their assigned sectors or fields;

g) Decide on decentralization for local authorities to implement certain tasks related to their assigned sectors or fields within their territorial scope;

h) Methods for handling work as stipulated in point p, Clause 2, Article 5 of this Regulation;

Article 9. Working relationships between the Government, Ministers, and Heads of equivalent agencies with agencies and organizations within the political system

1. The Government, Ministers, and Heads of equivalent agencies must actively coordinate closely with Party agencies, the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee, and central agencies of political-social organizations in performing their duties and powers; fully perform tasks as prescribed in the Inter-Agency Coordination Regulation and related provisions; proactively report and explain issues of concern to the National Assembly's Ethnic Councils and Committees; study, resolve, and respond to questions from National Assembly deputies, citizens' petitions, and suggestions from the Vietnam Fatherland Front Central Committee and political-social organizations regarding issues within their management responsibilities;

2. The Government guides, inspects, and creates conditions for People's Councils to perform their duties and powers as prescribed; leads, directs, guides, audits, and inspects activities of People's Committees at various levels; considers and resolves petitions from People's Councils and People's Committees;

Article 10. Work Relationships Relationships between Ministers and Heads of equivalent agencies with other ministries, equivalent agencies, and government agencies

1. Guide, inspect, and coordinate with other ministries, equivalent agencies, and government agencies in performing tasks and work within their assigned sectors or fields;

2. Propose to other Ministers and Heads of equivalent agencies to suspend implementation or revoke regulations issued by those agencies that contravene the Constitution, laws, or higher-level state agency documents or regulations concerning sectors or fields managed by those agencies. If the proposal is not accepted, it shall be submitted to the Prime Minister for consideration and decision;

3. When resolving tasks within their authority that relate to the functions and tasks of other ministries or agencies, Ministers and Heads of equivalent agencies must seek opinions from the Ministers or Heads of those agencies;

a) In cases where opinions are sought in writing, if the law specifies a time limit for seeking and responding to opinions on the matter, the agency seeking opinions must clearly specify the response deadline according to the regulation. If the law does not specify a time limit for seeking opinions, depending on the nature of the content being sought, the agency seeking opinions must clearly specify the response deadline, which should not be less than seven days from the date of sending the document, except in urgent or emergency situations;

b) Ministers or Heads of agencies whose opinions are sought are responsible for providing clear written responses within the deadline proposed by the agency seeking opinions and must bear responsibility for the content of the response. If the deadline is exceeded and the Minister or Head of the agency whose opinion is sought does not respond or responds late in writing, it will be considered as agreement with the content of the request for opinion, except in the case specified in point c of this clause and must bear personal responsibility before the Government and the Prime Minister. The agency seeking opinions is responsible for compiling and reporting to the Prime Minister at regular Government meetings on the responsibility of Ministers or Heads of agencies who do not respond or respond late;

c) In cases where there is no response from the agency with direct state management functions and tasks regarding the content being sought, the agency seeking opinions must urge that agency to provide a response to complete the dossier before submitting it to the Government or the Prime Minister. If the agency whose opinion is sought still does not respond as requested, it shall report to the Prime Minister according to the provisions of point b of this clause.

d) When invited to attend meetings for soliciting opinions, the Minister, Head of equivalent ministries must be responsible for attending the meeting or appointing a person with sufficient authority to attend on their behalf. The opinion of the attendee is the official opinion of the ministry or agency.

Article 11. Working relations between Ministers, Heads of equivalent ministries and local authorities together with local authorities

1. The Minister, Head of equivalent ministries shall be responsible for resolving requests from the People's Councils and People's Committees at provincial level within their jurisdiction and must respond in writing within seven days for cases that do not require additional opinions from other ministries or agencies, or no more than fifteen days in cases requiring additional opinions from other ministries or agencies, starting from the date of receipt of the request document, except in urgent and critical situations where prompt responses are required according to the request. If the ministry or agency solicited does not respond or responds late, the Chairman of the People's Council or the Chairman of the People's Committee at provincial level shall be responsible for reporting to the Prime Minister.

2. The Minister, Head of equivalent ministries shall be responsible for directing, guiding, and inspecting the implementation of tasks and work under their management by People's Committees at all levels, or tasks assigned by the Government and the Prime Minister; proposing to the Prime Minister to suspend the enforcement of resolutions of the People's Council at provincial level that contravene the Constitution, laws, and higher-level state agency documents regarding their managed sectors or fields; requesting the People's Committee, Chairman of the People's Committee at provincial level to suspend or revoke regulations issued by them that contravene the documents concerning their assigned sectors or fields. If the People's Committee, Chairman of the People's Committee at provincial level does not comply, they shall report to the Prime Minister for decision.

3. When the Chairman of the People's Council or the Chairman of the People's Committee at provincial level requests direct meetings with the Minister, Head of equivalent ministries regarding necessary matters related to their managed sectors or fields, they must prepare thoroughly on content and send materials to the Minister, Head of equivalent ministries at least three working days in advance. The Minister, Head of equivalent ministries must either directly or delegate a Deputy Minister or Deputy Head of equivalent ministries to meet with the Chairman of the People's Council or the Chairman of the People's Committee at provincial level.

4. The Chairman of the People's Council, the Chairman of the People's Committee at provincial level shall be responsible for implementing the reporting system, preparing materials, scheduling meetings, and attending meetings with the Minister, Head of equivalent ministries when requested.

5. In cases where the Minister, Head of equivalent ministries organize solicitation of opinions from the Chairman of the People's Committee at provincial level, the deadline for responding to opinions shall be implemented as stipulated in Clause 1 of this Article.

 

Chapter III

RESPONSIBILITIES AND PROCEDURES FOR HANDLING WORK

Article 12. Types of work submitted to the Government, Prime Minister

1. Draft laws, ordinances, draft regulatory legal documents.

2. Proposals, reports, other submission documents.

3. Work directed directly by the Prime Minister, Deputy Prime Minister, or proposed by the Government Office.

Article 13. Documents submitted to the Government, Prime Minister

1. Documents submitted to the Government, Prime Minister include the submission letter or document, report attached with proposals, projects, draft documents (if any), and other necessary documents. For documents submitted to the Government, Prime Minister which, according to the law, require accompanying documents, such requirements must be followed.

2. Documents submitted to the Government, Prime Minister must clearly state the content of the matter being submitted, the opinions of relevant ministries, agencies, and localities, and recommendations; the content and work submitted must fall within the jurisdiction of the Government, Prime Minister, and must be signed and stamped with appropriate authority.

3. Documents submitted to the Government, Prime Minister by administrative agencies within the state system must be sent simultaneously in both paper form and electronic form. Confidential documents should only be sent in paper form.

4. Documents submitted to the Government, Prime Minister must be sent simultaneously to the Government Office. The Government Office will receive, process, establish a tracking list, and systematically store both paper and electronic files according to regulations.

5. The Government Office will only process documents submitted to the Government, Prime Minister upon receiving complete paper and electronic files from ministries, agencies, and localities. In urgent cases where only one type of file is received, processing will proceed as follows:

a) If only the electronic file is received, the Government Office will proactively create a Submission Form for handling the matter and request the submission of the complete paper file according to regulations. Upon receipt of the paper file, the Government Office will submit to the Prime Minister.

b) If only the paper file is received, the Government Office will create a Submission Form for handling the matter and submit it to the Prime Minister, while requesting the supplementary submission of the electronic file within twenty-four hours from the time the Government Office issues the document to complete the online work handling file.

6. Documents and submission materials from agencies, organizations, and individuals outside the state administrative system shall be submitted according to regulations on archival work.

Article 14. Responsibilities of Ministries, Agencies, and Localities in Handling Government and Prime Minister's Tasks

1. The Minister, Head of a ministry-level agency shall be responsible for the entire content, progress, and signing off on all documents within the authority to issue by the Government and the Prime Minister that are submitted by their ministries or agencies.

2. The Minister, Head of a coordinating agency, and the reviewing agency shall be responsible for assigning individuals with sufficient authority and capability to participate in the drafting process of regulatory legal documents at the request of the leading drafting agency; performing assigned tasks, ensuring quality, and adhering to prescribed deadlines.

3. The Office of the Government shall be responsible for receiving, checking, notifying supplementary information, and completing submission files when the submitted files are incomplete according to regulations; researching, preparing a Resolution Processing Form to handle submission files according to the procedures and deadlines stipulated in this Regulation. The Office of the Government shall review the procedural steps, procedures, authority to handle, and provide comprehensive advice on the content (hereinafter referred to as the review opinion); shall be responsible for the content of the review.

4. Ministries, agencies, and localities shall be responsible for coordinating during the handling of submission files to the Government and the Prime Minister according to the provisions of this Regulation and upon the requirements of the Prime Minister and Deputy Prime Ministers.

Article 15. Procedures for Handling Draft Laws, Ordinances, and Regulatory Legal Documents

The procedures for handling draft laws, ordinances, and draft regulatory legal documents (hereinafter referred to as draft regulatory legal documents) shall be carried out according to the procedures stipulated in the Law on Enacting Regulatory Legal Documents, Decree No. 34/2016/NĐ-CP dated May 14, 2016, and the following provisions:

1. For submission files that are incomplete, not in accordance with procedures, or concluded by the Ministry of Justice as not meeting the conditions for submission, the Office of the Government shall send a notification letter requesting the leading drafting agency to supplement the files or complete the procedures and conditions for submission according to regulations, no later than three working days from the date of receipt of the file.

2. For submission files that are complete, in accordance with procedures, and the content of draft regulatory legal documents has no differing opinions, the Office of the Government shall prepare a Resolution Processing Form clearly stating the review opinion and submit it to the Prime Minister and Deputy Prime Ministers for consideration and decision, no later than five working days from the date of receipt of the file.

3. For submission files that are complete and in accordance with procedures but the draft regulatory legal documents still have differing opinions among ministries and equivalent agencies regarding major issues within the content of the drafts:

a) Within five working days from the date of receiving the file, the Office of the Government's leadership shall host a meeting with representatives of the leading drafting agencies, the Ministry of Justice, and related agencies to discuss and clarify issues before submitting to the Prime Minister and Deputy Prime Ministers;

b) Within five working days from the date of the meeting, the leading drafting agency shall be responsible for organizing and coordinating with the Office of the Government and related agencies to continue revising, perfecting, and signing off on the drafts to be submitted to the Government and the Prime Minister; the Office of the Government shall prepare a Resolution Processing Form, clearly stating the review opinion and submit it to the Prime Minister and Deputy Prime Ministers for consideration and decision.

4. The Prime Minister and Deputy Prime Ministers shall provide comments on the Resolution Processing Form within three working days from the date the Office of the Government submits it, except in special cases.

5. For draft regulatory legal documents within the authority of the Government, depending on the content and nature of each draft, the Prime Minister and Deputy Prime Ministers shall consider and decide according to one of the following options:

a) Request the leading drafting agency to prepare additional materials if the content of the draft is deemed insufficient and set a time limit for resubmission;

b) Organize a meeting of the Prime Minister or a Deputy Prime Minister or a briefing meeting of the Prime Minister and Deputy Prime Ministers to review before submitting to the Government;

c) Send a Resolution Processing Form to solicit opinions from members of the Government;

d) Present for discussion and vote approval at a Government session;

đ) Other options as decided by the Prime Minister and Deputy Prime Ministers.

6. In the case of soliciting opinions from members of the Government:

a) The Office of the Government shall coordinate with the leading drafting agency to determine the contents requiring opinions from members of the Government; send a Resolution Processing Form soliciting opinions from members of the Government along with the full draft project files;

b) Members of the Government shall respond to the Resolution Processing Form soliciting opinions from members of the Government within the latest seven days from the date of receipt;

c) If the majority of members of the Government approve and there are no differing opinions, the Office of the Government shall coordinate with the leading drafting agency to finalize the document and submit it to the Prime Minister for consideration and decision;

d) If the majority of members of the Government do not approve or approve but still have differing opinions, the Office of the Government's leadership shall immediately organize a meeting with the leading drafting agency, the Ministry of Justice, and related agencies to exchange and unify opinions. Within five working days after the meeting, the leading drafting agency shall be responsible for organizing and coordinating with the Office of the Government to incorporate, explain, perfect, and sign off on the draft document; the Office of the Government shall prepare a Resolution Processing Form and submit it to the Prime Minister for consideration and decision;

đ) If opinions from members of the Government are sought for consolidation and reporting to the Government at a session, the Office of the Government shall consolidate the opinions of members of the Government and clearly state the issues that have been unified and those that have not been unified, recommending issues for the Government to discuss at the session.

7. For projects and draft proposals discussed and voted on at the Government session, immediately after the session ends, based on the Government's resolution, the main drafting agency shall, in coordination with the Government Office and relevant agencies, explain, incorporate the opinions of Government members, revise and perfect the project or draft proposal, and submit it to the Prime Minister for consideration and decision.

8. For draft decisions with regulatory force submitted by the Prime Minister or the Government, the Prime Minister shall consider and decide according to one of the following options:

a) Agreeing with the draft decision and signing it for promulgation;

b) Organizing a meeting of the Prime Minister or Deputy Prime Minister to review before making a decision;

c) Requesting amendments to the draft decision. The main drafting agency shall, in coordination with the Government Office and relevant agencies, perfect the draft decision and submit it to the Prime Minister for consideration and signature for promulgation;

d) Other options as decided by the Prime Minister.

9. Within the latest one working day from the date the Prime Minister signs the document, the Government Office shall implement its issuance and publicize it on the Government Portal in accordance with regulations.

Article 16. Procedures for handling proposals, reports, and other submission documents presented to the Government and the Prime Minister

1. For submissions that are incomplete, not in accordance with procedures, or beyond the jurisdiction of the Government and the Prime Minister, the Government Office shall return them to the sender within the latest three working days from the date of receipt, stating the reasons or informing about the transfer of the submission to the competent authority.

2. For complete and procedurally correct submissions that do not require additional opinions from relevant ministries and agencies, the Government Office shall prepare a Work Resolution Form within the latest five working days from the date of receipt, clearly stating the review opinion, and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

3. For submissions requiring additional opinions from relevant ministries and agencies as stipulated, the Government Office shall handle them as follows within the latest three working days from the date of receipt:

a) Sending a document to solicit opinions from relevant ministries and agencies, specifying the deadline for response as provided in point a, Clause 3, Article 10 of this Regulation. Within the latest three working days from the end of the solicitation period, the Government Office shall prepare a Work Resolution Form and draft document (if applicable) and submit them to the Prime Minister for consideration and decision;

b) In cases where necessary, the Government Office leadership shall host a meeting with relevant agencies to clarify contents before submitting to the Prime Minister. Within the latest five working days from the end of the meeting, the main responsible agency shall coordinate with the Government Office to complete the submission and submit it to the Prime Minister for consideration and decision.

4. The Prime Minister and Deputy Prime Minister shall provide comments on the Work Resolution Forms submitted by the Government Office within the latest three working days from the date of submission, except in special cases.

5. Subsequent procedures for matters within the jurisdiction of the Government shall be carried out in accordance with the provisions of Clauses 5, 6, and 7 of Article 15 of this Regulation.

6. For matters within the jurisdiction of the Prime Minister's decision, the Prime Minister and Deputy Prime Minister shall comment on the Work Resolution Forms and sign the draft document if they agree. If the Prime Minister or Deputy Prime Minister have different opinions, the main drafting agency shall, in coordination with the Government Office, incorporate and perfect the draft document and resubmit it to the Prime Minister or Deputy Prime Minister for consideration and signature for promulgation.

In cases where it is not necessary to issue a document by the Prime Minister, the Government Office shall draft a notification document, submit it to the Prime Minister or Deputy Prime Minister for approval before the Minister or Director of the Government Office signs it for promulgation for relevant ministries and agencies to know and implement.

7. Within the latest one working day from the date the Prime Minister signs the document or provides an opinion on the work resolution, the Government Office shall issue and publicize the document in accordance with regulations.

8. The Government Office shall monitor, urge, and inspect the implementation of tasks assigned to ministries, agencies, and localities in the Government's and Prime Minister's directive and management documents in accordance with Chapter VI of this Regulation.

9. For specific urgent tasks or those directly instructed by the Prime Minister or Deputy Prime Minister, the Government Office shall implement them as quickly as possible without necessarily following the above procedures.

Article 17. Procedures for handling tasks directed by the Prime Minister The Prime Minister, Deputy Prime Minister, or the Government Office's proposal 1. In cases where there is no submission from ministries, agencies, or localities but the Prime Minister or Deputy Prime Minister has direct instructions, the Government Office shall be responsible for advising and proposing solutions.

2. When discovering sudden issues that require the Prime Minister or Deputy Prime Minister's instructions but have not been reported or proposed by ministries, agencies, or localities, the Government Office shall proactively grasp the situation, advise, and propose to the Prime Minister or Deputy Prime Minister for consideration and issuance of instructions.

3. For issues within the jurisdiction of ministries, agencies, or local authorities but deemed necessary to have the Government or Prime Minister's instructions, the Government Office shall advise and submit to the Prime Minister for consideration and decision on issuing a directive document to resolve promptly.

4. For issues within the jurisdiction of the Government or the Prime Minister:

4. For issues within the competence to resolve of the Government, the Prime Minister of the Government:

a) The Office of the Government shall directly exchange views or send written requests for opinions to relevant ministries, agencies, and localities to compile, propose, and submit to the Prime Minister for consideration and decision;

b) In cases involving important and complex matters related to mechanisms and policies, the Office of the Government shall propose the Prime Minister to assign relevant ministries and specialized agencies to report or develop proposals to be submitted to the Prime Minister.

 

Chapter IV

PROGRAM OF WORK OF THE GOVERNMENT,

PRIME MINISTER­OF THE GOVERNMENT

Article 18. Types of program of work

1. The program of work is a list of projects, draft regulatory documents, strategies, plans, resolutions, reports, and other proposals (hereinafter referred to as proposals) within the authority of the Government, the Prime Minister, or to be submitted to the Government, the Prime Minister for comments before being submitted to the competent authority for decision; activities and tasks expected to be submitted or implemented during the year, quarter, month, or week by the Government, the Prime Minister, and Deputy Prime Ministers.

2. The program of work includes:

a) The annual, quarterly, and monthly programs of work of the Government and the Prime Minister;

b) The weekly program of work of the Prime Minister and Deputy Prime Ministers.

3. Contents of the program of work:

a) The annual program of work is a list of proposals to be submitted to the Government and the Prime Minister during the year. Proposals listed in the annual program of work must clearly specify the competent authority for examination and decision, the lead ministry or agency responsible for preparation, and the submission deadlines. Submission deadlines for proposals in the annual program of work are planned down to each quarter and each month;

b) The quarterly program of work is a list of proposals to be submitted to the Government, the Prime Minister, and Deputy Prime Ministers, and the contents of government meetings each month in the quarter. The quarterly program of work is divided into lists of proposals to be submitted to the Prime Minister and Deputy Prime Ministers according to their assigned areas of responsibility. Submission deadlines for proposals in the quarterly program of work are determined on a monthly basis;

c) The monthly program of work is a list of proposals to be submitted to the Government, the Prime Minister, and Deputy Prime Ministers, and the contents of government meetings in the month. The monthly program of work is divided into lists of proposals to be submitted to the Prime Minister and Deputy Prime Ministers according to their assigned areas of responsibility;

d) The weekly program of work is a schedule of activities of the Prime Minister and Deputy Prime Ministers specified on a daily basis.

Article 19. Responsibilities of Government members in building, implementing, and evaluating the results of the program of work

1. The Prime Minister directs and bears overall responsibility for the construction, implementation, and results of the program of work of the Government and the Prime Minister; evaluates and urges ministries and agencies to strictly implement the program of work at regular monthly government meetings.

2. The results of implementing the program of work are a criterion for assessing the level of completion of tasks by Government members, ministries, agencies, and localities. Ministers, heads of ministerial-level agencies, and provincial People's Council Chairmen must bear personal responsibility before the Government and the Prime Minister for the implementation of the program of work assigned annually by the Government and the Prime Minister, ensuring quality, timely progress, and compliance with the Government's and Prime Minister's directives and management requirements; they have the responsibility to report to the Government on the implementation of the program of work and provide clear explanations for reasons not completed for proposals under their unit's responsibility (if any) at monthly and year-end government meetings.

3. The Office of the Government is the managing agency for the program of work of the Government and the Prime Minister, responsible for compiling, advising the Government and the Prime Minister on the construction, adjustment, and organization of the implementation of the program of work, ensuring feasibility and compliance with the Government's and Prime Minister's directives and management requirements; reviewing and evaluating the implementation of the program of work of the Government and the Prime Minister and reporting the results at regular monthly and year-end government meetings.

Article 20. Basis for building the work program

The list of projects to be included in the work program must be established based on the following grounds:

1. Guidelines from the Central Committee, Politburo, Secretariat, National Assembly, Standing Committee of the National Assembly, Government, and Prime Minister;

2. Requirements to elaborate detailed regulations implementing laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly;

3. Specific proposals in writing from ministries, agencies, localities approved by the Prime Minister.

4. The weekly work program is built based on the monthly work program and practical requirements for guidance and management, internal and external activities of the Prime Minister and Deputy Prime Ministers.

Article 21. Procedure for Building the Work Program

1. Annual Work Program

a) Before September 30 each year, the Office of the Government sends a letter requesting ministries, ministerial-level agencies, government agencies, provincial People's Committees to register projects in the next year's work program;

b) Before November 15, ministries, agencies, and localities send formal letters to the Office of the Government registering projects to be submitted to the Government and Prime Minister in the next year, specifying the work program for each month in the first quarter.

Projects when registered must clearly reflect:

- Basis for developing the project;

- Summary of preparation plans for each project: Each registered project must clearly demonstrate necessity, content orientation, scope of regulation, coordinating agencies, reviewing agencies, competent authority for examination and decision-making, proposed progress schedule, final product of the project.

c) Based on the tasks and responsibilities of the Government and Prime Minister, and the list of projects registered by ministries, agencies, and localities, the Office of the Government is responsible for leading and coordinating with ministries, agencies, and localities to review, examine, and unify the determination of projects to be included in the work program. At the same time, it compiles and drafts the next year's work program of the Government and Prime Minister for submission to the Prime Minister for comments before December 15 each year before submitting to the Government for consideration and approval;

d) Within ten days from the date the Government approves, the Office of the Government will incorporate feedback, finalize, and submit to the Prime Minister for consideration and decision to promulish.

2. Quarterly Work Program:

Based on the annual work program, results of the implementation of the work program since the beginning of the year, guidance and management requirements of the Government and Prime Minister, and adjustment requests (if any) from ministries, agencies, and localities approved by the Prime Minister or Deputy Prime Ministers responsible for the sector, the Office of the Government drafts the quarterly work program of the Government and Prime Minister for submission to the Prime Minister for consideration and decision to issue at the latest on the first working day of the first month of the quarter.

3. Monthly Work Program:

Based on the quarterly work program, results of the implementation of the monthly and quarterly work programs, guidance and management requirements of the Government and Prime Minister, and adjustment requests (if any) from ministries, agencies, and localities approved by the Prime Minister or Deputy Prime Ministers responsible for the sector, the Office of the Government drafts the monthly work program of the Government and Prime Minister for submission to the Prime Minister for issuance at the latest on the first working day of the month.

4. Weekly Work Program:

Based on the instructions of the Prime Minister and Deputy Prime Ministers regarding the handling of projects and tasks presented by ministries, agencies, and localities, and the work requirements of the Prime Minister and Deputy Prime Ministers, the Office of the Government builds the weekly schedule of the Prime Minister and Deputy Prime Ministers; sends it to members of the Government and related agencies and organizations on the Friday of the previous week.

5. Procedures for drafting and planning the legislative program for laws, ordinances, decrees of the Government, and regulatory decisions of the Prime Minister shall be carried out in accordance with the provisions of the law on issuing regulatory documents. The legislative program for laws, ordinances, Government decrees, and regulatory decisions of the Prime Minister is incorporated into the work program of the Government.

Article 22. Implementation of the work program

1. Based on the annual work program of the Government and the Prime Minister, the ministries, agencies, and localities responsible for the projects must organize detailed plans to prepare for each project and implement the construction of the projects to be submitted to the Government and the Prime Minister, ensuring quality and progress.

2. For draft laws and ordinances, the planning for implementation shall be carried out in accordance with the regulations on promulgating legal documents.

3. In cases where necessary, the ministries, agencies, and localities must report in writing specifically to the Government and the Prime Minister for guidance on changing the name, requirements, scope of issues resolved, or the direction of the content of the projects.

4. The supplementation and adjustment of the work program shall be implemented based on the directives of the Government and the Prime Minister or written proposals from ministries, agencies, and localities. Specifically, the supplementation and adjustment of the work program for drafting legal documents shall be carried out according to the provisions of the law on promulgating legal documents. The deadline for submitting projects shall not be adjusted except for objective reasons which must be reported clearly, and submitted to the Prime Minister or Deputy Prime Minister in charge of the relevant field for consideration and decision.

Article 23. Monitoring and evaluating the implementation of the work program

1. Monthly, quarterly, every six months, and annually, the ministries, agencies, and localities must proactively review and evaluate the implementation of projects within their work programs, submit reports to the Government Office before the 25th of each month for consolidation and reporting at the monthly regular meetings of the Government.

The Government Office has the responsibility to notify the results of the implementation of the Government's and the Prime Minister's work programs and the list of overdue projects to the ministries, agencies, and localities.

2. The Government Office assists the Prime Minister in continuously monitoring, inspecting, and urging the preparation and submission of projects by the ministries, agencies, and localities; periodically every month or urgently, it takes the lead and coordinates with related ministries, agencies, and localities to review and evaluate the implementation of the Government's and the Prime Minister's work programs, promptly advising and proposing solutions and directions to handle difficulties and obstacles, and simultaneously recommending adjustments and supplements to projects when necessary.

3. The Government Office evaluates the implementation of the work program monthly, quarterly, and annually based on the number of projects required to be submitted; the number of projects already submitted and promulgated; the number of projects returned; the number of projects withdrawn or delayed in submission by the ministries, agencies, and localities; and reports to the Government and the Prime Minister.

 

Chapter V

MEETINGS OF THE GOVERNMENT AND OTHER MEETINGS,

CONFERENCES OF THE GOVERNMENT, PRIME MINISTER

Article 24. Meetings and Conferences of the Government and the Prime Minister

1. Sessions of the Government include:

a) Regular sessions of the Government;

b) Extraordinary sessions of the Government;

c) Specialized sessions of the Government.

2. Conferences of the Government and the Prime Minister include:

a) Conferences to implement socio-economic development plans and state budget;

b) Specialized conferences.

3. Meetings of the Prime Minister and Deputy Prime Ministers with central-level ministry leaders, agencies, and mass organizations.

4. Briefing meetings of the Prime Minister and Deputy Prime Ministers.

5. Working sessions of the Prime Minister and Deputy Prime Ministers with local leadership at the Government headquarters or at the locality.

6. Meetings chaired by a member of the Government authorized by the Prime Minister to handle Government affairs.

Article 25. Forms of organizing meetings and conferences

1. In person.

2. Online.

Article 26. Government Session

1. The Government convenes regular sessions once a month.

2. The Government convenes extraordinary sessions upon the decision of the Prime Minister or at the request of at least one-third of the total number of Government members to address urgent matters or at the request of the State President to discuss issues deemed necessary by the State President for the performance of the State President's duties and powers.

3. The Government convenes specialized sessions upon the decision of the Prime Minister based on proposals from ministries or equivalent agencies.

4. The preparation, summoning, and organization of work related to extraordinary and specialized sessions shall be carried out under the direction of the Prime Minister.

5. The Prime Minister chairs the Government session. When necessary, the Prime Minister may delegate the Deputy Prime Minister in charge or another Deputy Prime Minister to chair and conclude the session or certain aspects of the session on behalf of the Prime Minister.

Article 27. Preparation for the Government Session

1. The Prime Minister decides on the agenda, guest list, time, and program of the Government session. Regular monthly Government sessions are organized before the fifth day of the following month, except in special cases decided by the Prime Minister.

2. The Government Office has the responsibility:

a) To propose the agenda, program, time, and participants for the meeting, to be decided by the Prime Minister;

b) To send invitations and meeting documents via the Government's official email system (except for classified documents sent via paper) to Government members and representatives at least five working days before the meeting, except in special cases. During the session, Government members and representatives will follow and refer to meeting documents on computers in the meeting room;

c) To report on the review of the content of draft projects and proposals presented at the session as stipulated in Chapter III of this Regulation;

d) To receive all meeting documents from ministries and agencies responsible for the proposals and distribute them to attending representatives according to regulations; to lead and coordinate with ministries and agencies responsible for proposals to retrieve classified documents after the conclusion of the session.

3. Ministries and agencies responsible for proposals have the responsibility:

a) To prepare and send all meeting documents via the Government's official email system to the Government Office at least six working days before the meeting; simultaneously sending paper documents to the Government Office as required;

b) To cooperate with the Government Office to manage documents sent to attending representatives and to retrieve them after the conclusion of the session.

Article 28. Participants in the Government Session

1. All Government members must attend all Government sessions; in case of absence from a session or part of a session, they must report and obtain the approval of the Prime Minister.

A Government member who is absent may be represented by a deputy. The representative is responsible for presenting the views of the absent Government member to the Government but does not have the right to vote.

The session can proceed when at least two-thirds of the total number of Government members are present.

2. The Government invites the following representatives to attend the session:

a) Inviting the State President to attend all sessions;

b) Inviting the Chairman of the Central Committee of the Vietnam Fatherland Front, the Chairman of the National Ethnic Council of the National Assembly, the heads of central mass organizations, the Chief Justice of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy to attend when discussing relevant issues;

c) Inviting the heads of government agencies, Party Ban leaders, National Assembly Committees, the State Auditor General, and other representatives to attend when necessary;

d) Inviting the Chairmen of Provincial People's Councils and Provincial People's Committees to attend and monitor the Government session online as directed by the Prime Minister.

đ) Additional guest representatives may be invited to attend the session pursuant to the decision of the Prime Minister.

e) Representatives attending the session who are not Government members may express their opinions but do not have the right to vote.

Article 29. Procedure for Government Meetings

1. The Minister of the Government Office or the Director of the Government Office reports on the content and proposed agenda of the meeting; the presence and absence of members of the Government, substitutes attending the meeting, and invited representatives.

2. The Prime Minister chairs the meeting.

3. The Government discusses the agenda items as follows:

a) The ministry or agency responsible for the project presents a summary of the content and issues requiring the Government's opinion;

b) The Minister of the Government Office or the Director of the Government Office reports on the consolidated opinions of Government members and the review opinions of the Government Office; clearly states the opinions of Government members, issues that have been agreed upon, issues not yet agreed upon, the views and opinions of the Government Office, and recommends issues for the Government to discuss and approve;

c) Members of the Government express their opinions, clearly indicating agreement or disagreement with the issues under discussion;

d) The Prime Minister or Deputy Prime Minister chairs the discussion, concludes, and the Government votes.

4. For clear issues without differing opinions among ministries, agencies, within the purview of the Government's decision-making authority, the Minister of the Government Office or the Director of the Government Office reports on the consolidated content of the issues submitted to the Government for consideration and approval.

5. If necessary, the Prime Minister may request Government members or heads of other agencies to report on related issues outside the scheduled agenda.

6. The Prime Minister delivers concluding remarks to end the meeting.

7. The Minister of the Government Office or the Director of the Government Office submits the Resolution of the Meeting for the Government's consideration and approval. In cases where the draft Resolution is sent directly to Government members for comments, recording agreement (or disagreement) with the draft is considered a form of voting.

Article 30. Minutes of Government Meetings

1. The minutes must clearly reflect the composition, procedure, proceedings of the meeting, list of Government members and representatives who spoke (briefly noting the content of their speeches), fully recording conclusions by the Prime Minister or Deputy Prime Minister on each item, voting results, and include a transcript of the meeting.

The Minister of the Government Office or the Director of the Government Office organizes the preparation of the minutes, audio recording, and signing of the minutes of the Government Meeting.

2. The minutes and documents circulated during the meeting are stored according to regulations and are kept and used confidentially. The use of the minutes is decided by the Minister of the Government Office or the Director of the Government Office.

Article 31. Resolutions of Government Meetings

1. The Resolution must fully and clearly reflect the decisions of the Government at the meeting; tasks assigned to ministries, agencies, and localities in implementing the Government's decisions.

2. The Minister of the Government Office or the Director of the Government Office organizes the drafting of the Resolution; issues circulars to relevant agencies to implement tasks concluded by the Prime Minister but not recorded in the Resolution; oversees, monitors, and urges the implementation of tasks and work assigned to ministries and agencies in the Resolution and in the aforementioned circulars. Monthly, the Government Office compiles statistics, evaluates the implementation situation, and reports to the Government at regular meetings.

Article 32. Government Conferences, Prime Minister's Conferences

1. Conference to implement socio-economic development plans and state budget

a) In December each year, the Government organizes a conference with the Chairpersons of People's Councils and People's Committees at provincial level throughout the country to implement and discuss measures for the socio-economic development plan, state budget estimate for the following year, and other necessary contents and tasks;

b) The Government Office shall submit to the Prime Minister for decision on the content, participants, time, form, and location of the conference;

c) Ministries and related agencies shall prepare the content and reports for the conference according to the assignment of the Prime Minister;

d) At the conference, the agency in charge of the project shall present a summary of the content and issues for discussion;

đ) Delegates attending the meeting must be present according to the list and have the responsibility to express opinions on relevant issues;

e) After the conference, the Chairpersons of People's Councils, Chairpersons of People's Committees at provincial level, and ministries and agencies shall organize the implementation of related tasks according to the Government's resolution and the Prime Minister's conclusions announced at the conference.

2. Specialized conferences are organized to implement or review the implementation of Party Resolutions, National Assembly Resolutions, major documents, mechanisms, policies, or important tasks under the Government's and Prime Minister's guidance nationwide, in some localities, or in certain sectors and fields.

a) Based on the Prime Minister's or Deputy Prime Minister's instructions or proposals from ministries or agencies responsible for the main content of the conference, the Government Office shall submit to the Prime Minister for decision on the content, participants, form, time, and location of the conference;

b) Ministries and related agencies shall prepare the content and reports for the conference according to the assignment of the Prime Minister or Deputy Prime Minister;

c) At the conference, the agency in charge of the project shall only present a summary of the content and issues for discussion;

d) Delegates attending the meeting must be present according to the list and have the responsibility to express opinions on relevant issues;

đ) According to the Prime Minister's or Deputy Prime Minister's conclusions, the Government Office or the agency in charge of the conference content shall complete draft related documents, submit them to the Prime Minister or Deputy Prime Minister for consideration and decision on issuance.

Article 33. Meetings of the Prime Minister, Deputy Prime Minister with Leaders of Ministries, Agencies, Central Mass Organizations 1. The Prime Minister, Deputy Prime Minister meet with leaders of ministries, agencies in charge of projects, and representatives of related ministries and agencies to examine and direct the resolution of tasks.

2. Responsibilities of the Government Office:

a) Urge the ministry or agency in charge of the project to prepare all meeting materials, send out invitations and meeting materials (if any) to invited participants at least three working days before the meeting, except in special cases;

b) Prepare the venue, facilities, and conditions to serve the meeting, ensuring security and safety for the meeting (if the meeting is held at the Government headquarters); coordinate with related agencies to carry out these tasks if the meeting is held outside the Government headquarters;

c) Record the minutes and audio of the meeting as stipulated in Article 30 of this Regulation;

d) Chair and coordinate with related ministries and agencies to draft the announcement of the Prime Minister's or Deputy Prime Minister's meeting conclusions; submit it to the meeting chairperson for approval before issuance; monitor and urge the implementation of those conclusions.

3. Responsibilities of the ministry or agency in charge of the project:

a) Attend the meeting according to the list, prepare all meeting materials according to the Government Office's notification, and present them at the meeting;

b) Prepare explanations on issues related to the meeting content as necessary;

c) After the meeting, complete the project proposal or draft document for submission according to the Prime Minister's or Deputy Prime Minister's conclusions.

4. Responsibilities of related ministries and agencies:

Attend the meeting according to the list and have the responsibility to express opinions on relevant issues. If the leader of the ministry or agency cannot attend the meeting, they must report to the meeting chairperson and appoint a person with sufficient authority to represent the agency's leadership at the meeting and express opinions.

Attend the meeting with the invited members and be responsible for expressing opinions on related matters. In case the head of the ministry or agency cannot attend the meeting, they must report to the chairperson of the meeting and appoint a person with sufficient authority to represent the leadership of the agency at the meeting and express opinions.

Article 34. The weekly meetings of the Prime Minister and Deputy Prime Ministers (the regular meetings of the Government) organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.1. The content of the weekly meetings of the Prime Minister and Deputy Prime Ministers includes issues and tasks decided by the Prime Minister when it is deemed necessary to exchange with the Government leadership collectively.

2. The Minister, Head of the Government Office shall direct the preparation of a comprehensive report on the content and opinions of relevant ministries and agencies, the advisory opinions of the Government Office, and attend the meeting. When requested, Deputy Heads of the Government Office shall attend the meeting to directly report on the work they are assigned to oversee. If necessary, upon the instruction of the Prime Minister or Deputy Prime Minister, the Government Office may invite additional ministries or agencies responsible for the project or other representatives to attend the meeting.

3. At the meeting, the Minister, Head, or Deputy Head of the Government Office who directly oversees the work shall present the comprehensive report, advise on and propose solutions to the issues; if invited to attend the meeting, the ministry or agency responsible for the project or other representatives may provide additional reports or explanations as required by the Prime Minister or Deputy Prime Minister. The Prime Minister and Deputy Prime Ministers will exchange opinions, and the Prime Minister will conclude each issue.

4. The weekly meetings shall be held every week, unless otherwise decided by the Prime Minister.

5. The Government Office is responsible for performing the tasks stipulated in Clause 2 of Article 33 of this Regulation.

Article 35. Meetings of the Prime Minister and Deputy Prime Ministers with local leaders at the Government headquarters or at the locality

1. When necessary or upon request from the locality, the Prime Minister and Deputy Prime Ministers shall meet with provincial or city leaders or a number of centrally governed provinces or cities to discuss and resolve related issues. 2. The locality shall prepare a report on the relevant contents and recommendations (if any) and send it to the Government Office at least seven days before the date the Prime Minister and Deputy Prime Ministers arrive for the meeting, except in cases where the Prime Minister and Deputy Prime Ministers visit unexpectedly.

3. Based on the report from the locality, the Government Office shall take the lead and coordinate with relevant ministries and agencies to advise and propose solutions to the locality's recommendations, and report to the Prime Minister and Deputy Prime Ministers.

4. Participants attending the meeting must adhere to the designated composition and have the responsibility to express their opinions on related issues.

5. After the meeting, within the latest five working days, the Government Office shall issue a notification of conclusions, except in cases where there are different instructions from the Prime Minister or Deputy Prime Ministers.

6. After the meeting, the Chairman of the People's Council, the Chairman of the People's Committee of the province, and relevant ministries and agencies shall organize the implementation of related tasks according to the notification of conclusions issued by the Prime Minister.

Article 36. Meetings chaired by a member of the Government authorized by the Prime Minister to handle Government affairs

1. When necessary, the Prime Minister may authorize a member of the Government to chair a meeting to discuss and handle Government matters or projects submitted to the Government or the Prime Minister.

2. In cases where the meeting takes place at the Government headquarters, the organization of the meeting shall follow the provisions of Clauses 2, 3, and 4 of Article 33 of this Regulation. In cases where the meeting takes place at the ministry's headquarters, the ministry authorized to chair the meeting shall cooperate with the Government Office to prepare the conditions for the meeting. MONITORING, URGING, AND INSPECTING THE IMPLEMENTATION OF LEGAL DOCUMENTS

AND COMPLETING TASKS ASSIGNED BY

THE GOVERNMENT AND THE PRIME MINISTER

 

Chapter VI

MONITORING, URGING, AND INSPECTING THE IMPLEMENTATION OF LEGAL DOCUMENTS

LEGAL REGULATIONS AND PERFORMING TASKS ASSIGNED BY

THE GOVERNMENT, THE PRIME MINISTER OF THE GOVERNMENT

Article 37. Scope and objects of monitoring, urging, and inspecting

1. The scope and objects of monitoring, urging, and inspecting include:

a) The implementation of normative legal documents;

b) The performance of tasks assigned by the Government and the Prime Minister to ministries, agencies, and localities in normative legal documents and guiding and directing documents (hereinafter referred to as tasks assigned by the Government and the Prime Minister).

2. The Government, the Prime Minister, ministries, agencies, localities, and related organizations and individuals shall be responsible for monitoring, urging, and inspecting the implementation of normative legal documents and the performance of tasks assigned by the Government and the Prime Minister.

Article 38. Principles of monitoring, urging, and inspecting

1. Monitoring, urging, and inspecting are tasks carried out regularly and according to plans, while coordination must be ensured to avoid overlap and duplication.

2. Implementation must comply with authority, procedures, and formalities based on legal provisions; ensuring transparency, objectivity, accuracy, and not hindering the normal operations of inspected agencies and organizations.

3. Ensuring effectiveness, enhancing administrative discipline and order, and generating positive impacts in the guidance and management of the Government and the Prime Minister and state management agencies.

4. Linking with the application of information technology in managing normative documents, case files, and guidance and management by the Government and the Prime Minister; implementing interconnection from the Government Office to ministries, agencies, and localities.

Article 39. Authority for monitoring, urging, and inspecting

1. The Government and the Prime Minister shall comprehensively inspect the implementation of normative legal documents issued by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, and the Prime Minister, and the performance of tasks assigned by the Government and the Prime Minister.

2. Deputy Prime Ministers shall inspect the implementation of normative legal documents and matters specified in Clause 1 of this Article within the scope and fields of work delegated by the Prime Minister; other members of the Government shall inspect the performance of tasks assigned by the Government and the Prime Minister according to the delegation of the Prime Minister.

3. The Minister, the Director of the Government Office, and the Head of the Task Force of the Prime Minister shall be responsible for inspecting, monitoring, and urging the implementation of tasks assigned by the Government and the Prime Minister to ministries, agencies, and localities, and reporting monthly on the implementation results of these tasks at regular meetings of the Government.

4. The Minister of Justice shall be responsible for assisting the Prime Minister and Deputy Prime Ministers in monitoring the implementation of normative legal documents issued by the National Assembly, the Standing Committee of the National Assembly, the President, the Government, and the Prime Minister at ministries, agencies, localities, and related organizations and individuals, and reporting to the Government and the Prime Minister.

5. The Minister, the Heads of ministerial-level agencies, and the People's Council Chairpersons and People's Committee Chairpersons at provincial level shall be responsible for monitoring, urging, and inspecting the implementation of normative legal documents and the performance of tasks assigned by the Government and the Prime Minister to their respective ministries, agencies, and localities.

Article 40. Content of monitoring, urging, and inspecting

1. The organization of implementing regulatory legal documents; the organization, implementation, progress, and results of tasks assigned by the Government and the Prime Minister.

2. The implementation of information and reporting systems on the situation of enforcing regulatory legal documents and the results of tasks assigned by the Government and the Prime Minister by ministries, agencies, and localities according to the Government's Operational Regulations and related provisions.

3. Clearly identifying the responsibility of ministries, agencies, localities, and persons with authority in enforcing regulatory legal documents and tasks assigned by the Government and the Prime Minister.

Article 41. Forms of Monitoring, Urging, and Inspecting

1. Through the dedicated data transmission network of Party and State agencies interconnected from the Government Office to ministries, agencies, and localities.

2. Through periodic or ad hoc reports.

3. Through direct meetings according to approved plans or ad hoc meetings based on management requirements.

4. Through the establishment of inspection teams.

5. Through other forms.

Article 42. Inspection Results

1. Upon completion of the inspection, the agency or person in charge must report the inspection results.

2. The content of the inspection result report includes:

a) Evaluation of the implementation and enforcement of regulatory legal documents and the performance of tasks assigned by the Government and the Prime Minister; assessment of achievements, limitations, weaknesses, and causes during the implementation process;

b) Conclusions for handling or recommendations for handling within authority to address limitations and weaknesses, or suggestions for adjusting tasks and amending relevant regulations if necessary.

 

Chapter VII

RECEIVING GUESTS AND BUSINESS TRAVEL

Article 43. Provisions on Receiving Guests

1. The reception of foreign guests shall be carried out in accordance with the provisions of Decree No. 145/2013/NĐ-CP dated October 29, 2013 of the Government on organizing commemorative days; awarding and receiving commendations and titles; diplomatic ceremonies and receiving foreign guests.

2. For domestic receptions and other foreign guests of the Prime Minister and Deputy Prime Ministers, the provisions of this Regulation shall apply.

3. The Prime Minister shall directly or delegate a Deputy Prime Minister or a member of the Government to represent the Prime Minister in receiving guests of the Government and the Prime Minister.

4. The Government Office shall be responsible for:

a) Receiving requests from ministries, agencies, organizations, and individuals for the Prime Minister and Deputy Prime Ministers to receive guests; advising and proposing to the Prime Minister and Deputy Prime Ministers to consider and decide on the content, form, and participants of the reception; promptly informing the opinions of the Prime Minister and Deputy Prime Ministers to relevant ministries, agencies, organizations, and individuals;

b) Coordinating with relevant ministries and agencies to prepare content and materials for the reception, time, location, participants, and arranging interpreters (if necessary);

c) Organizing the recording of minutes and audio of the reception and submitting them for storage as required;

d) Arranging services and ensuring protocol, logistical, security, and safety for the reception;

đ) Inviting news agencies and press to cover the reception according to regulations and the requirements of the Prime Minister and Deputy Prime Ministers;

e) Based on instructions from the Prime Minister and Deputy Prime Ministers, the Government Office drafts a notification of the reception results, submits it for approval and issuance by the Prime Minister and Deputy Prime Ministers, and disseminates the notification within three working days; coordinating, supervising, urging, and inspecting the implementation of tasks outlined in the reception results notification.

Article 44. Local visits and work trips

1. At the direction of the Prime Minister or Deputy Prime Minister, or upon request from localities, the Government Office shall submit to the Prime Minister or Deputy Prime Minister for decision on matters concerning visits and work trips to localities.

2. For work trips based on requests from localities, the preparation of the content of meetings with the Prime Minister or Deputy Prime Minister shall be carried out in accordance with Clauses 2 and 3 of Article 35 of this Regulation.

3. In cases where the Prime Minister or Deputy Prime Minister conducts surprise inspections without prior notice to localities or entities, the Government Office shall prepare the itinerary of the work trip according to the instructions of the Prime Minister or Deputy Prime Minister.

4. The Government Office shall coordinate with localities and relevant ministries and agencies to prepare the work program, content, time, and composition of the work delegation, submit to the Prime Minister or Deputy Prime Minister for consideration and decision, and notify the localities and relevant ministries and agencies at least three working days in advance.

5. Within the latest five working days following the end of the work trip, the Government Office shall take the lead and coordinate with relevant ministries and agencies to submit to the Prime Minister or Deputy Prime Minister for approval the draft notification of conclusions made by the Prime Minister or Deputy Prime Minister for issuance of the notification; organize monitoring and urging the implementation of tasks mentioned in the conclusion notification.

6. In cases of handling urgent issues arising at localities or entities, the Prime Minister shall decide on the use of one of the following methods:

a) Issuing directives to relevant sectors and levels to implement specific tasks;

b) Establishing a multi-sectoral government delegation, designating and delegating decision-making authority on certain issues to the head of the delegation who is a member of the government;

c) Personally or through a Deputy Prime Minister, going to the site to resolve matters.

7. The organization of the Prime Minister's visit and work trip to localities must comply with the regulations of the Central Committee of the Communist Party and the Politburo.

8. Members of the Government shall allocate time to inspect localities and entities, conduct field surveys, meet and listen to the opinions and aspirations of the people to serve their work. Depending on the content of each work trip, appropriate organizational forms should be adopted to ensure practicality and economy.

Article 45. Overseas Work Trips

1. Annual foreign affairs plan:

a) The Ministry of Foreign Affairs shall take the lead and coordinate with the Government Office and relevant ministries and agencies to compile the annual foreign affairs plan of the Prime Minister and Deputy Prime Minister, submit it to the competent authority for approval; compile the annual foreign affairs plan of other members of the Government and report to the Prime Minister;

b) The Government Office shall regularly coordinate with the Ministry of Foreign Affairs to review and propose adjustments and supplements to the Plan to align with the requirements of the Prime Minister and Deputy Prime Minister's foreign affairs activities.

2. Procedures for organizing overseas work trips of the Prime Minister and Deputy Prime Minister:

a) The Ministry of Foreign Affairs shall take the lead and coordinate with the Government Office and relevant ministries and agencies to establish the program, composition of the work delegation, and prepare the content of work, reception arrangements, and publicity abroad for the Prime Minister and Deputy Prime Minister, submit to the Prime Minister. It shall be responsible for the comprehensive implementation of all contents, programs, and reception work of the work trip;

b) Based on the proposal of the Ministry of Foreign Affairs, the Government Office shall submit to the Prime Minister and Deputy Prime Minister for consideration and decision on the program, content of work, and composition of the work delegation; monitor and urge the Ministry of Foreign Affairs and relevant ministries and agencies to prepare the contents and programs of the work trip;

c) Immediately after the completion of the work trip, the Ministry of Foreign Affairs shall quickly report the results of the main activities of the work trip as prescribed;
The Government Office shall draft a press release on the results of the work trip and send it to news agencies. Upon completion of the work trip, the Ministry of Foreign Affairs shall report comprehensively to the Prime Minister and Deputy Prime Minister on the results of the work trip and propose tasks to be implemented after the work trip;

d) Based on the report of the Ministry of Foreign Affairs, the Government Office shall submit to the Prime Minister and Deputy Prime Minister for approval the draft notification of the results of the work trip; issue documents implementing tasks after the work trip. It shall take the lead and coordinate with the Ministry of Foreign Affairs and relevant ministries and agencies to monitor and urge the implementation of tasks mentioned in the document.

3. Members of the Government, heads of government agencies, Chairpersons of People's Councils, and Chairpersons of Provincial People's Committees must obtain permission from the Prime Minister before going on overseas work trips, including those conducted according to the annual foreign affairs plan already approved by the Prime Minister.

Chapter VIII

INFORMATION AND REPORTING REGIME

Article 46. Reporting System of the Government, the Prime Minister, and Members of the Government

1. The Government shall report on its work to the National Assembly, the Standing Committee of the National Assembly, and the State President twice a year; it shall also report on urgent matters and special topics upon request of the National Assembly, the Standing Committee of the National Assembly, and the State President.

a) Upon request of the National Assembly, the Standing Committee of the National Assembly, and the State President, the Prime Minister shall assign a ministry or agency to take the lead in preparing the report.

b) Relevant ministries and agencies shall cooperate with the leading ministry or agency at their request.

c) The Office of the Government shall be responsible for reviewing and coordinating with the leading ministry or agency to complete the report, which shall then be submitted to the Prime Minister for decision on issuance.

d) For urgent reports and special topic reports requested by the National Assembly, the Standing Committee of the National Assembly, and the State President, the Prime Minister may delegate a member of the Government to represent the Government and be accountable to the Government and the Prime Minister for the content of the report.

2. The Prime Minister shall report on his work and respond to questions before the National Assembly and the Standing Committee of the National Assembly, or he may authorize a Deputy Prime Minister to make the report in his absence.

a) The Prime Minister shall assign the Office of the Government to lead and coordinate with relevant ministries and agencies to prepare and finalize the report, which shall then be submitted to the Prime Minister for decision on issuance.

b) Relevant ministries and agencies shall cooperate with the Office of the Government at its request.

3. The Prime Minister shall report to the people through mass media on important issues within the scope of the Government's and the Prime Minister's authority.

a) The Prime Minister shall assign a ministry or agency to prepare the report, which shall then be submitted to the Prime Minister.

b) Relevant ministries and agencies shall cooperate with the leading ministry or agency at its request to prepare the report.

c) The Office of the Government shall be responsible for reviewing and coordinating with the leading ministry or agency to complete the report, which shall then be submitted to the Prime Minister for decision on issuance.

4. Members of the Government shall report on their work to the Government and the Prime Minister; they shall explain and answer questions before the National Assembly and the Standing Committee of the National Assembly; and they shall report to the people on important issues within their management responsibilities.

Article 47. Information and Reports Serving Directive and Management
Government, Prime Minister

1. Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall submit the following types of reports to the Government and the Prime Minister:

a) Periodic reports (monthly, quarterly, semi-annually, annually) summarizing the situation of work, management, and operation, as well as the results of implementing the Government's and the Prime Minister's programs and tasks assigned to their respective ministries, agencies, and localities; participating in evaluating and proposing recommendations regarding the Government's and the Prime Minister's directive and management activities.

- Monthly reports shall be sent to the Office of the Government and related agencies no later than the 25th day of each month.

- Quarterly reports shall be sent to the Office of the Government and related agencies no later than the 20th day of the last month of each quarter.

- Semi-annual reports shall be sent to the Office of the Government and related agencies no later than June 15th of each year.

- Annual reports shall be sent to the Office of the Government and related agencies no later than December 10th of each year.

b) Special topic reports and urgent reports as required by the Prime Minister.

c) Drafts of Government and Prime Minister reports to be submitted to Party leadership organs, the National Assembly, the Standing Committee of the National Assembly, and the State President according to the assignment of the Prime Minister.

2. The Ministry of Foreign Affairs shall provide daily foreign affairs information via foreign mass media and supply such information to the Prime Minister, Deputy Prime Ministers, and other members of the Government.

3. The Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Transport (National Traffic Safety Committee), and Vietnam News Agency shall report daily (including holidays and Tet) to the Prime Minister on border, maritime, defense, security, social order and safety, and noteworthy foreign affairs information.

4. In addition to the duties of other ministers, the Minister, Head of the Office of the Government, shall also perform the following duties:
a) Provide timely and accurate information to serve the directive and management of the Government, the Prime Minister, and Deputy Prime Ministers through daily briefings on issues of concern; compile and propose solutions for daily press information; submit monthly, quarterly, semi-annual, and annual comprehensive reports on the Government's and the Prime Minister's directive and management, implementation of work programs, and assigned tasks; proactively coordinate with ministries, agencies, and localities to report and advise the Government and the Prime Minister on prompt handling of sensitive issues and public concerns; other reports as required by the Prime Minister.

c) Guide, inspect, and urge administrative agencies to strictly implement the reporting system.

d) Construct information infrastructure at the Office of the Government to serve the directive and management of the Government, the Prime Minister, and other members of the Government; apply information technology in Government meetings, conferences, and regular work of the Prime Minister and Deputy Prime Ministers; send documents and invite meetings through computer networks.

đ) Implement information technology applications, receive feedback from citizens and organizations to serve advisory work on directive and management of the Government and the Prime Minister.

d) Implementing information technology applications, receiving feedback and suggestions from citizens and organizations to serve advisory work and the direction and management of the Government and the Prime Minister of the Government.

Article 48. Reports at Government meetings

1. Monthly, the Minister of Planning and Investment shall report on the economic and social situation and propose measures to guide and manage the implementation of tasks and plans. The Minister, Head of the Government Office shall report on the work of guiding and managing, the implementation of the program of work and tasks assigned by the Government and the Prime Minister.

2. Quarterly, the General Inspector of the Government shall report on anti-corruption efforts, inspection work, and the handling of complaints and denunciations. The Minister of Home Affairs shall report on administrative reform work. The Minister of Justice shall report on the situation of law and ordinance drafting by the Government; drafting and promulgating detailed regulations implementing laws and ordinances.

3. At regular Government meetings in June and December, the Minister, Head of the Government Office shall report on the review of the work of guiding and managing by the Government and the Prime Minister.

4. Special reports and ad hoc reports as directed by the Prime Minister.

Article 49. Information about Government activities for the People

1. The Prime Minister and other members of the Government shall be responsible for implementing the reporting system before the People on important issues as stipulated in Articles 29 and 37 of the Law on the Organization of the Government.

2. The Minister, Head of the Government Office shall be the spokesperson for the Government, responsible for proactively providing information on Party policies and State laws and prominent economic and social situations; performing the spokesperson duties for the Government and the Prime Minister, organizing regular press conferences to announce the results of Government meetings; organizing press conferences when necessary to provide information on important policies and decisions in guiding and managing by the Government and the Prime Minister; answering questions of public concern raised by the public and media; issuing press releases. When requested, relevant ministries and agencies shall participate in press conferences, directly speak and be responsible for contents within their specialized fields.

3. Ministers, Heads of agencies, and Chairmen of provincial People's Committees shall have the duty:

a) To properly implement the provisions on the spokesperson system and providing information to the press, creating favorable conditions for mass media organizations to access accurate and timely information about events occurring in their sectors, fields, and localities;

b) To organize direct dialogues with the People through appropriate forms; hold regular press conferences, press conferences upon issuance of important documents, implementation of major policies of the Party and State, and other notable events;

c) To regularly read the press and perform press responses according to legal regulations.

 

4. The Minister of Information and Communications shall organize press briefings, manage press information according to legal regulations on the press; implement the spokesperson system for providing information to the press as prescribed; take the lead and coordinate with other Ministers, Heads of agencies, and Chairmen of provincial People's Committees to promote the application of information technology, providing information to the People through appropriate forms regarding the overall situation of the country.

Article 50. External Information

The Minister of Foreign Affairs shall take the lead and coordinate with the Minister, Head of the Government Office, and the Minister of Information and Communications to organize press conferences and regularly provide information on economic and social conditions and the activities of the Government and the Prime Minister to foreign news agencies in Vietnam and the Vietnamese community abroad./.