DECREE

Regulations on functions, tasks, powers and organizational structure of the Government Office

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Pursuant to the Law on Government Organization dated June 19, 2015;

At the proposal of the Minister, Head of the Government Office;

The Government promulgates this Decree stipulating the functions, tasks, powers and organizational structure of the Government Office.

Article 1. Position and Functions

The Government Office is a ministerial-level agency of the Government, serving as the administrative machinery for the Government and the Prime Minister.

The Office of the Government has the function of advising on comprehensive matters, coordinating to assist the Government, the Prime Minister (including Deputy Prime Ministers) in organizing the common activities of the Government, leading, directing, and managing the activities of the Government and the state administrative system from central to grassroots levels, ensuring unity, smoothness, and continuity of the national administrative system; supervising administrative procedures; ensuring information and building an electronic government to serve the leadership, direction, and management activities of the Government and the Prime Minister, and providing information to the public in accordance with the law; ensuring material, technical, and logistical conditions for the activities of the Government and the Prime Minister.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Office of the Government performs the tasks and powers prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Advising comprehensively and coordinating to assist the Government:

a) Building and managing the program of work of the Government in accordance with the law; monitoring, urging the ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to as ministries and sectors), provincial People's Committees, municipal People's Committees directly under the central government (hereinafter referred to as provincial People's Committees), relevant agencies and organizations to implement the program of work of the Government and the Working Regulations of the Government; summarizing, evaluating the situation and results of implementation, reporting to the Government;

b) Cooperating with ministries and sectors, provincial People's Committees, relevant agencies and organizations during the preparation and completion of proposals, projects, draft regulatory documents submitted to the Government for consideration and decision-making in accordance with the law;

c) Reviewing the procedural steps, formalities, authority to handle and advising comprehensively on the content; giving independent opinions on proposals, projects, draft regulatory documents, reports according to the program of work of the Government and other tasks submitted by ministries and sectors, provincial People's Committees, relevant agencies and organizations to the Government;

d) Taking the lead and cooperating with ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies in preparing content and serving sessions of the Government and Government conferences;

d) Assisting the Government in working relations with Party agencies, the National Assembly, the President, the Central Committee of the Vietnam Fatherland Front, and central agencies of political-social organizations, the Supreme People's Court, and the Supreme People's Procuracy;

e) Drafting proposals, projects, draft regulatory legal documents, and reports when assigned by the Government.

2. Advising comprehensively and coordinating to assist the Prime Minister:

a) Building and managing the program of work of the Prime Minister in accordance with the law; monitoring, urging, summarizing, evaluating, and reporting the situation and results of implementing the program of work of the Prime Minister; recommending to the Prime Minister key tasks that need to be focused on directing and managing within a certain period;

b) Reviewing the procedural steps, formalities, authority to handle and advising comprehensively on the content; giving independent opinions on proposals, projects, draft regulatory documents, reports according to the program of work of the Prime Minister and other tasks submitted by ministries and sectors, provincial People's Committees, relevant agencies and organizations to the Prime Minister;

c) Taking the lead and cooperating with ministries and sectors, provincial People's Committees, relevant agencies and organizations to complete the content, formalities, files, and draft documents to submit to the Prime Minister for consideration and decision-making regarding other regular tasks submitted by ministries and sectors, provincial People's Committees, relevant agencies and organizations;

d) Assisting the Prime Minister in coordinating the activities between ministries and sectors, provincial People's Committees in formulating and enforcing policies and laws; the activities of councils, committees, inter-ministerial steering boards chaired by the Prime Minister;

e) Recommending the Government and the Prime Minister to assign ministries and sectors, provincial People's Committees, relevant agencies and organizations to develop mechanisms, policies, proposals, projects, draft regulatory documents to submit to competent authorities for decision-making; or proactively researching and proposing mechanisms and policies to the Government and the Prime Minister for consideration and decision-making;

f) Taking the lead and cooperating with ministries and sectors, provincial People's Committees, relevant agencies and organizations to prepare reports on work, explanatory reports, and responses to questions of the Government and the Prime Minister before the National Assembly, the Standing Committee of the National Assembly, the President, competent agencies, and the people, as directed by the Prime Minister;

g) Taking the lead in drafting, editing articles, speeches, press interviews, and materials serving the Prime Minister and other reports and materials as directed by the Prime Minister;

g) Assisting the Prime Minister in monitoring, urging, and inspecting the implementation of tasks assigned by the Government and the Prime Minister to ministries and sectors, provincial People's Committees, relevant agencies and organizations; recommending to the Prime Minister necessary measures to urge implementation, address shortcomings, ensure administrative discipline and effectiveness of state management;

h) Taking the lead and cooperating with ministries and sectors, provincial People's Committees, relevant agencies and organizations to prepare content and services for meetings, working sessions, and local visits of the Prime Minister;

i) Participating in meetings and conferences of ministries and sectors, provincial People's Assemblies, provincial People's Committees, relevant agencies and organizations; requesting ministries and sectors, provincial People's Committees, relevant agencies and organizations to provide materials, data, related documents, and reports on the implementation of tasks assigned by the Government and the Prime Minister; proactively working with ministries and sectors, provincial People's Committees, relevant agencies and organizations to understand the situation and serve the leadership, direction, and management activities of the Government and the Prime Minister;

j) In cases where there are differing opinions on issues submitted to the Government and the Prime Minister, the Minister in charge of the Office of the Government shall convene a meeting with leaders of ministries and sectors, provincial People's Committees, relevant agencies and organizations to exchange and unify opinions or clarify issues with differing opinions before submitting them to the Government and the Prime Minister.

m) Return the submission to the sender and specify the reasons, or transfer the dossier to the competent authority for resolution in cases where the dossier is incomplete, not in accordance with procedures and formalities, or outside the jurisdiction of the Government or the Prime Minister;

n) Develop projects, programs, draft regulatory legal documents when assigned by the Prime Minister;

3. On administrative procedure supervision:

a) Guide, monitor, urge, and inspect the implementation of administrative procedure supervision work by ministries, sectors, provincial People's Committees; compile the situation and results of implementation, report to the Government and the Prime Minister;

b) Take the lead in implementing tasks related to administrative procedure reform and the single window mechanism in handling administrative procedures at state administrative agencies; communication activities on administrative procedure reform;

c) Recommend the Government and the Prime Minister to assign ministries, sectors, and provincial People's Committees to study and propose or proactively study and propose policies, solutions, and initiatives for administrative procedure reform and related regulations; replicate successful models and methods in administrative procedure reform for decision-making by competent authorities; evaluate and handle the results of administrative procedure reviews according to the provisions of the law;

d) Build and manage the National Database on Administrative Procedures;

đ) Receive, process complaints and suggestions from organizations and individuals regarding administrative regulations within the management scope of the Government, the Prime Minister, and state administrative agencies according to the provisions of the law;

e) Perform the standing advisory role in the Administrative Reform Advisory Council;

4. On building an electronic government:

a) Take the lead in organizing the implementation of tasks related to building an electronic government to serve the leadership and management of the Government and the Prime Minister; urge implementation and compile the situation and results of electronic government construction by ministries, sectors, and localities, report to the Government and the Prime Minister;

b) Manage and operate the National Public Service Portal to integrate all online public services of ministries, sectors, and localities; submit to the Prime Minister for issuance of the list of online public services at levels 3 and 4 for annual implementation by ministries, sectors, and localities;

c) Manage and operate information technology systems (information systems) to serve the leadership and management of the Government and the Prime Minister; take the lead in connecting, coordinating, integrating, and sharing information between the Government Office and ministries, sectors, and localities to serve the leadership and management of the Government and the Prime Minister, in compliance with legal regulatory documents, technical standards, and the Vietnamese Electronic Government architecture framework;

5. Ensure information provision:

a) Ensure information for leadership, guidance, and management work of the Government and the Prime Minister; implement regular and ad hoc reporting systems as prescribed and required by the Prime Minister;

b) Provide information to members of the Government, heads of government agencies, Chairpersons of People's Councils, provincial People's Committees, Party and State agencies, and relevant organizations about the country's economic and social situation and the leadership, guidance, and management work of the Government and the Prime Minister;

c) Provide information to the public about major activities, important decisions of the Government and the Prime Minister, significant economic, political, and social events of concern to public opinion, and other information as prescribed by law and directed by the Prime Minister;

d) Receive information from the public and actively monitor and grasp practical situations to promptly advise and propose the Government and the Prime Minister to consider and direct the handling of urgent, prominent, and pressing issues of public concern;

đ) Perform spokesperson duties for the Government and the Prime Minister; organize press conferences of the Government as prescribed;

e) Manage, publish, and distribute the Official Gazette of the Socialist Republic of Vietnam;

g) Manage the organization and operation of the Government's Electronic Information Portal;

6. Ensure material, technical, and logistical conditions for the activities of the Government and the Prime Minister;

7. Draft and promulgate legal regulatory documents and other documents within the authority of the Government Office as prescribed by law.

8. Carry out the task of checking documents and handling documents contrary to the law according to the authority prescribed by law;

9. Organize the receipt and processing of documents submitted to the Government and the Prime Minister by ministries, sectors, provincial People's Committees, relevant agencies, organizations, and individuals; issue and manage documents of the Government and the Prime Minister;

10. Carry out inspection and supervision work; receive citizens, resolve complaints and denunciations; prevent corruption, promote thrift, and combat waste according to the law.

11. Summarize, guide professional and vocational matters concerning office work for offices of ministries, sectors, and provincial People's Committees;

12. On civil servants:

a) Civil servants of the Government Office must be people with good political qualities and morals, high professional and vocational qualifications, knowledgeable about the industry or field they are responsible for or oversee; apply special incentive policies as prescribed by law;

b) The Government Office may propose the transfer, rotation, or assignment of civil servants from ministries, sectors, agencies, and localities to work at the Government Office and vice versa, according to the authority and regulations of the Prime Minister and the law;

Ministries, sectors, agencies, and localities have the responsibility to create conditions for civil servants to be transferred, rotated, or assigned to work as proposed by the Government Office;

13. Manage organizational structure, civil servant establishment, number of staff positions; decide on recruitment, appointment, dismissal, resignation, suspension of duty, transfer, rotation, evaluation, planning, termination of employment, retirement, commendation, and disciplinary actions; implement systems, policies, and training and development for cadres, civil servants, and staff under their management authority as prescribed by law;

14. Manage finance, assets, and other resources assigned; manage scientific research activities; implement international cooperation as prescribed by law;

15. Perform other tasks and powers assigned by the Government or the Prime Minister or as prescribed by law;

Article 3. Organizational Structure

1. Department for Supervision of Inspection Work; Complaints and Petitions Resolution; Anti-Corruption, Anti-Smuggling, Anti-Fraudulent Trade Practices, and Counterfeit Goods Prevention (shortened as Department I);

2. Internal Affairs Department;

3. Department for Parliamentary, Local, and Mass Organizations Work;

4. General Synthesis Department;

5. Administrative Organization and Civil Service Affairs Department.

6. Legal Affairs Department.

7. International Relations Department.

8. Industry Department.

9. Agriculture Department.

10. Comprehensive Economic Affairs Department.

11. Education and Culture-Social Affairs Department.

12. Enterprise Reform Department.

13. Secretariat and Editing Department.

14. Administrative Department.

15. Cadre and Civil Servant Management Department.

16. Department of Financial Planning.

17. Bureau of Administrative Procedure Control.

18. Bureau of Administration and Management II.

19. Government Portal.

20. Electronic Information Portal of the Government.

21. Information Technology Center.

The units specified from Clause 1 to Clause 20 of this Article are administrative units, while the unit specified in Clause 21 is a public service institution under the Office of the Government.

The Department for Monitoring Inspection Work; Handling Complaints and Petitions; Preventing Corruption, Smuggling, Trade Fraud, and Counterfeit Goods has three divisions. The Administrative Department has five divisions. The Cadre and Personnel Organization Department has three divisions. The Planning and Finance Department has three divisions.

The Administrative Procedure Control Agency has five divisions. The Management Bureau has nine divisions. The Administrative-Management Bureau II has five divisions.

The Minister and Director of the Office of the Government shall submit to the Prime Minister for issuance of a Decision specifying the functions, tasks, powers, and organizational structure of the Government Electronic Portal and the list of other public service institutions under the Office of the Government.

The Minister and Director of the Office of the Government shall issue a Decision specifying the functions, tasks, powers, and organizational structure of the units under the Office of the Government, except for the unit specified in Clause 20 of this Article.

Article 4. Implementation provisions

1. Delete the phrase "administrative procedure control" in Article 1 of Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice.

2. Replace the phrase "Ministry of Justice" with the phrase "Office of the Government"; and replace the phrase "Minister of Justice" with the phrase "Minister and Director of the Office of the Government" in Clauses 1, 2, 6, 8, 9, 10, 11, and Point b of Clause 12 of Article 1 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related Decrees concerning administrative procedure control.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from December 15, 2016.

2. Decree No. 74/2012/NĐ-CP dated September 29, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Office of the Government ceases to be effective from the date this Decree takes effect.

3. Repeal Point a, b, c, d, e, and g of Clause 10, Point b of Clause 28 of Article 2, and Clause 14 of Article 3 of Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice.

4. Repeal Point a of Clause 12 of Article 1 and Clause 1 of Article 2 of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related Decrees concerning administrative procedure control.

5. The Ministers, Heads of Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees, and Chairpersons of Municipal People's Committees directly under the Central Government are responsible for implementing this Decree./.