Law on the Organization of the Council of Ministers No. 2-LCT/HĐNN7

LAW

ORGANIZATION OF THE COUNCIL OF MINISTERS

SOCIALIST REPUBLIC OF VIET NAM

Pursuant to Chapter VIII of the Constitution of the Socialist Republic of Vietnam, this Law stipulates the organization and operation of the Council of Ministers.

PART I

GENERAL PROVISIONS

Article 1

The Council of Ministers is the Government of the Socialist Republic of Vietnam, being the executive and administrative organ of the highest state power organ.

The Council of Ministers exercises unified management over the implementation of the State's political, economic, cultural, social, security, defense, and foreign affairs tasks, enhancing the effectiveness of the state apparatus from central to grassroots levels; ensuring respect for and compliance with the law; promoting the collective mastery rights of the people; ensuring the construction of socialism and the protection of the socialist fatherland; continuously improving the material and cultural life of the people.

Article 2

The Council of Ministers is elected by the National Assembly at its first session of each term.

The Council of Ministers consists of:

- The Chairman of the Council of Ministers;

- The Vice Chairmen of the Council of Ministers;

- The Ministers and the Heads of State Committees.

The Chairman of the Council of Ministers is a member of the National Assembly; other members of the Council of Ministers are mainly selected from among the members of the National Assembly.

Article 3

The term of office of the Council of Ministers follows that of the National Assembly.

When the National Assembly's term ends, the Council of Ministers continues to perform its duties until the new National Assembly elects a new Council of Ministers.

Article 4

The Council of Ministers is responsible and reports on its work to the National Assembly; during periods when the National Assembly is not in session, it is responsible and reports on its work to the State Council.

Article 5

The Council of Ministers operates according to the principle of democratic centralism, implementing centralized and unified leadership while also promoting the initiative of Ministries, State Committees, and other organs under the Council of Ministers.

The Council of Ministers collectively decides on matters within its jurisdiction, while emphasizing individual responsibility of each member of the Council of Ministers regarding their assigned tasks and their participation in the common work of the Council of Ministers.

Article 6

The Council of Ministers manages all aspects of work in accordance with the Constitution and laws, continuously strengthening socialist rule of law; preventing and eliminating bureaucratic vices and other negative phenomena in state agencies and civil servants.

In performing its duties, the Council of Ministers relies on the United Front of Fatherland and mass organizations.

PART II

TASKS AND POWERS OF THE COUNCIL OF MINISTERS

, Clause 1, Clause 2 Article 7a of this Regulation.

The Council of Ministers combines administrative, economic, organizational, and educational measures to implement the tasks and exercise the powers prescribed in Article 107 of the Constitution of the Socialist Republic of Vietnam.

Article 8

Regarding economy, the Council of Ministers:

1- Leads and manages the national economy according to a unified planning and plan throughout the country; directs the gradual construction of the material and technical foundations of socialism, building a modern economic structure in agriculture and industry; integrates economy with national defense; gradually eliminates disparities in economic development between ethnic groups and regions; ensures comprehensive, balanced, stable, and increasingly effective economic development;

2- Prepares long-term plans, five-year plans, annual plans, and annual state budget estimates for submission to the National Assembly for decision; implements and ensures the completion of these plans and budgets;

3- Consolidates and develops the socialist sector of the economy; transforms and utilizes non-socialist sectors of the economy, combining the perfection and consolidation of socialist production relations with the development of productive forces;

4- Builds and perfects the economic management system based on the principles of democratic centralism and the combination of sectoral and territorial/local management; practices economic accounting and thrift systems;

5- Decides policies, systems, and measures to guide sectors and levels in the rational exploitation and utilization of all national resources, primarily the rational distribution and utilization of social labor force;

6- Enforces policies to protect, transform, and regenerate natural resources, improve living environments;

7- Exercises unified financial, monetary, credit, market, and price management;

8- Exercises unified management of all economic relations with foreign countries; implements the state monopoly on foreign trade and export promotion policies;

9- Organizes and leads statistical, accounting, state insurance, and state arbitration work related to economics;

10- Exercises unified management of standardization, quota, and measurement work.

Regarding science and technology, the Council of Ministers:

Article 9

1- Exercises unified management over the implementation of policies and plans for the development of social sciences, natural sciences, and technological sciences; enforces all measures to encourage research, invention, and innovation;

2- Directs the application of scientific and technological advancements to economic, cultural development, national defense consolidation, and serving people's lives;

3- Develops scientific information work and forecasts on scientific and technological development.

Regarding culture, information, and education, the Council of Ministers:

Article 10

1- Constructs and develops a new socialist culture with national characteristics, party spirit, and popular appeal; ensures balanced cultural development among ethnic groups and regions; creates conditions for the people to participate in cultural and artistic activities, combat unhealthy cultural phenomena; protects and promotes the cultural and spiritual values of the nation;

2- Constructs a new socialist person;

3- Protects, cares for, and educates children and adolescents;

4- Perfects the socialist education system, implements educational reforms;

5- Develops and continuously improves the political, ideological, and artistic level of information, press, literature, publishing, library, radio, television, film work; focuses on museum and conservation work;

6- Promotes physical culture, sports, and tourism.

Regarding livelihood, healthcare, and social welfare, the Council of Ministers:

Article 11

1- Attends to improving the people's living standards;

1- Care for and improve the living standards of the people;

2- Gradually ensure employment, continuously improve working and living conditions for workers, implement the principle of distribution according to labor, expand public welfare undertakings;

3- Develop and perfect the health protection system for the people on the basis of combining modern medicine and pharmacy with traditional medicine and pharmacy of ethnic groups;

4- Have appropriate labor policies for women's conditions; protect mothers and children; promote planned population growth, ensuring reasonable population development;

5- Care for and assist war invalids, military invalids, families of martyrs, and those individuals and families who have contributed to the revolution;

6- Implement social insurance and social relief policies.

Article 12

Regarding national defense, the Council of Ministers:

1- Organize total people's defense and build the people's armed forces;

2- Direct and inspect the implementation of conscription and other systems and policies concerning national defense consolidation and strengthening of the people's armed forces;

3- Take care of the living conditions of officers and soldiers of the people's armed forces;

4- Organize the implementation of mobilization, curfew, and all necessary measures to protect the country.

Article 13

Regarding public order and security, the Council of Ministers:

1- Implement necessary measures to ensure political security and public order and social safety; build a strong people's police force;

2- Direct and inspect the Ministries, State Committees, other organs under the Council of Ministers, People's Councils at all levels, and social organizations in preventing and combating counter-revolutionary activities and other crimes.

Article 14

Regarding foreign affairs, the Council of Ministers:

1- Organize, manage, and coordinate state foreign work;

2- Determine directions for economic, scientific, technical, cultural cooperation, and other areas with fraternal socialist countries, other countries, and international organizations;

3- Organize negotiations, signing, and direct the implementation of international treaties.

Article 15

Regarding socialist rule of law, the Council of Ministers:

1- Ensure the implementation of the Constitution and laws in state agencies, economic and social organizations, armed forces, cadres, and the people;

2- Protect socialist property; protect lives, reputations,

personal dignity, and other legitimate rights of citizens;

3- Submit draft laws to the National Assembly and draft ordinances to the State Council; issue regulatory documents to implement laws, ordinances, and resolutions of the National Assembly and the State Council;

4- Organize and lead the dissemination and education on the Constitution and laws among cadres, armed forces, and the people;

5- Organize and lead state inspection and supervision work, combining with the activities of people's inspection and supervision;

6- Manage administrative judicial work, train legal officials,

develop and enhance legal science.

Article 16

Regarding organization and cadres, the Council of Ministers:

1- Submit to the National Assembly for decision on the establishment or abolition of Ministries, State Committees, and changes in members of the Council of Ministers; between two sessions of the National Assembly, submit to the State Council for decision;

2- Submit to the State Council for approval the establishment or abolition of other organs under the Council of Ministers;

3- Prescribe the organization and operation of Ministries, State Committees, other organs under the Council of Ministers, and People's Councils at all levels; direct the construction, improvement, and enhancement of effectiveness of the state management apparatus from central to grassroots levels;

4- Decide on the demarcation of administrative units below provincial level, centrally governed cities, and equivalent levels;

5- Establish a cadre and staff list and standards; plan training, upgrading, arrangement, and effective utilization of the cadre team of the state, and direct sectors and levels to build and implement such plans; pay special attention to training female cadres, minority cadres, and local cadres;

6- Implement reward and punishment systems for state cadres and staff.

CHAPTER III

WORKING REGIME AND RELATIONSHIP OF DUTY

OF THE COUNCIL OF MINISTERS

Article 17

The Council of Ministers operates regularly according to the Regulations on the Work of the Council of Ministers.

During meetings, the Council of Ministers discusses and resolves fundamental issues as follows:

1- Decide on major policies and measures to implement tasks stipulated in Chapter VIII of the Constitution and Chapter II of this Law;

2- Formulate long-term national plans, five-year plans, and annual plans;

3- Prepare the state budget estimate and settle the state budget annually;

4- Approve draft laws submitted to the National Assembly and draft ordinances submitted to the State Council;

5- Evaluate the results of implementing the state plan and policies of the Council of Ministers.

Resolutions, decrees, and decisions of the Council of Ministers must be approved by more than half of the total number of members of the Council of Ministers.

Article 18

The Council of Ministers leads the work and inspects the activities of Ministries, State Committees, and other organs under the Council of Ministers; has the right to suspend the implementation and amend or abolish inappropriate decisions, directives, and circulars of Ministries, State Committees, and other organs under the Council of Ministers.

Article 19

The Council of Ministers and its members are responsible for answering questions and proposals from Councils, Committees of the National Assembly, and National Assembly deputies.

Members of the Council of Ministers have the duty to present or provide materials on issues required by Councils and Committees of the National Assembly.

Article 20

The Council of Ministers ensures that People's Councils at all levels fully perform their duties and powers as local state power organs; lead People's Councils at all levels to fulfill their roles as executive organs of the People's Councils at the same level and local state administrative organs; regularly inform the People's Councils of centrally governed cities and equivalent levels.

The Council of Ministers has the right to suspend the implementation of inappropriate resolutions of People's Councils of centrally governed cities and equivalent levels, and simultaneously propose to the State Council to amend or abolish such resolutions.

The Council of Ministers has the authority to suspend the implementation and amend or revoke inappropriate decisions and directives issued by People's Committees at all levels; if the People's Committee does not agree with the decision of the Council of Ministers, it must still comply with that decision and request the Council of Ministers to review it.

Article 21

The Council of Ministers creates favorable conditions for people's organizations to participate in state management and social management; relies on people's organizations in building policies and laws related to various strata of the population; encourages the population to implement and monitor the implementation of such policies and laws; organizes and directs socialist emulation movements together with the General Confederation of Labor of Vietnam and other people's organizations, promptly rewarding units and individuals with outstanding achievements in production, combat, and work.

The Council of Ministers and its members have the responsibility to inform people's organizations about the results of handling their proposals.

Article 22

Heads of state agencies under the Council of Ministers who are not members of the Council of Ministers may attend meetings of the Council of Ministers.

The Chairman of the General Confederation of Labor of Vietnam has the right to attend meetings of the Council of Ministers.

The Chairman of the Central Committee of the Vietnam Fatherland Front and the person in charge of people's organizations within the Front may be invited to attend meetings of the Council of Ministers when necessary.

Those attending the meetings of the Council of Ministers referred to herein have the right to express opinions but do not vote.

Article 23

The permanent body of the Council of Ministers is the Standing Committee of the Council of Ministers. The Standing Committee of the Council of Ministers consists of the Chairman of the Council of Ministers, Deputy Chairmen of the Council of Ministers, including one Deputy Chairman designated as the Permanent Deputy Chairman, and the Minister-Secretary General of the Council of Ministers.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The Standing Committee of the Council of Ministers has the following tasks and powers:

1- Ensuring the implementation of resolutions, decrees, and decisions of the Council of Ministers;

2- Based on the resolutions of the Council of Ministers, between two sessions of the Council of Ministers, deciding matters within the jurisdiction of the Council of Ministers; these decisions must be reported to the Council of Ministers;

3- Preparing sessions of the Council of Ministers.

Article 25

The Chairman of the Council of Ministers heads the Council of Ministers, leading, managing, and being responsible for all activities of the Council of Ministers; representing the Government of the Socialist Republic of Vietnam in international relations.

The Chairman of the Council of Ministers has the following tasks and powers:

1- Summoning and chairing meetings of the Council of Ministers and Standing Committee of the Council of Ministers; ensuring collective discussion and resolution of matters of the Council of Ministers and Standing Committee of the Council of Ministers;

2- Urging and inspecting the implementation of decisions of the National Assembly, State Council, and Council of Ministers at various sectors and levels;

3- Directing and coordinating the work of Ministries, State Committees, and other agencies under the Council of Ministers and People's Committees at all levels;

4- Establishing working relationships with the Chairmen of Provincial People's Committees, Municipal People's Committees directly under the central government, and equivalent levels;

5- Improving work procedures, emphasizing work discipline, and enhancing the effectiveness of state machinery operations;

6- Issuing decisions, directives, and circulars;

7- Proposing to the National Assembly or State Council the appointment, removal, or dismissal of members of the Council of Ministers;

8- Appointing, removing, or dismissing Vice Ministers, Directors-General, and Deputy Directors-General of General Directorates under the Council of Ministers and equivalent positions;

9- Establishing assisting agencies.

Deputy Chairmen of the Council of Ministers assist the Chairman of the Council of Ministers, and are assigned by the Chairman to coordinate and oversee the work of certain sectors or areas.

When the Chairman of the Council of Ministers is absent, the Permanent Deputy Chairman acts as the Chairman of the Council of Ministers.

Article 27

The Office of the Council of Ministers is the working apparatus of the Council of Ministers, led by the Minister-Secretary General of the Council of Ministers.

PART IV

TASKS, POWERS AND WORK RELATIONSHIPS

OF THE MINISTER, HEAD OF STATE COMMITTEE

Article 28

The Minister, Head of State Committee leads the Ministry or State Committee, is responsible before the National Assembly, State Council, and Council of Ministers for state management in the assigned sector or field, and collectively with other members of the Council of Ministers is responsible for the activities of the Council of Ministers before the National Assembly and State Council.

Article 29

Implementing the function of managing the assigned sector or field nationwide, the Minister, Head of State Committee has the following tasks and powers:

1- Formulating development plans, long-term plans, five-year plans, and annual plans;

2- Drafting legislative projects, policies, management systems, standards, and economic-technical norms;

3- Forecasting scientific and technological development; organizing scientific research and applying scientific and technological advancements and management achievements;

4- Organizing management structures; organizing training, nurturing, and establishing standards, policies, and systems for cadres, workers, and civil servants;

5- Conducting international cooperation in economics, culture, science, and technology according to state policy and law.

Article 30.

The Minister and Head of State Committee has the right to use and is responsible for the effective use of personnel, labor, capital, materials, and equipment allocated; is responsible for the results of implementing tasks, plans, and budgets of the Ministry or State Committee.

A Minister managing a sector is responsible for:

1- Directing comprehensively the agencies and units under direct management;

2- Directing the content of sectoral work and inspecting the implementation of policies and systems under unified management of the Ministry for agencies and units in the sector managed directly by localities;

3- Guiding on professional matters and inspecting the implementation of policies and systems under unified management of the Ministry for units in the sector managed directly by other Ministries.

The Minister and Chairman of the State Committee, performing the function of comprehensive management, shall be responsible for guiding and inspecting all sectors, levels, and grassroots units throughout the country in implementing policies and systems within their respective areas of responsibility; at the same time, they shall be responsible for serving and creating favorable conditions for Ministries to fulfill their tasks and plans.

Article 31

The Minister and Chairman of the State Committee have the authority to issue decisions, directives, and circulars on matters within their management functions; to guide and inspect all sectors, levels, and units nationwide in enforcing these documents.

Article 32

The Minister and Chairman of the State Committee have the duty to coordinate work, assist each other, and create conditions for each other to complete national tasks and plans.

The Minister and Chairman of the State Committee have the right to request another Minister or Chairman of another State Committee to amend or revoke regulations that contravene the unified management content of their respective sectors or fields; if such a request is not accepted, they have the right to propose to the Chairman of the Council of Ministers for a decision.

Article 33

The Minister and Chairman of the State Committee direct, guide, and inspect People's Committees at all levels in carrying out tasks and work within their respective sectors or fields.

Based on their functions, the Minister and Chairman of the State Committee shall be responsible for providing cadres, technical workers, funds, materials, equipment, and creating favorable conditions for People's Committees at all levels to leverage local potential, complete plans and all tasks; together with People's Committees at all levels, they shall care for the material and cultural life of cadres, workers, and officials of agencies and units under their management.

The Minister and Chairman of the State Committee have the right to request People's Committees at all levels to amend or revoke regulations that contravene the management content of their respective sectors or fields; if the People's Committee does not agree with this request, they may propose to the Chairman of the Council of Ministers for a decision.

Article 34

The Minister and Chairman of the State Committee lead their Ministries and Committees under the head system. Deputy Ministers assist the Minister, including a First Deputy Minister; Deputy Chairmen assist the Chairman of the State Committee, including a First Deputy Chairman, and members.

Article 35

Heads of other agencies under the Council of Ministers with the function of managing sectors or fields of work nationwide also have the duties and powers stipulated for members of the Council of Ministers in Articles 29, 30, 31, 32, 33, and 34 of Chapter IV of this Law.

CHAPTER V

FINAL PROVISIONS

Article 36

The Council of Ministers shall provide detailed regulations to implement this Law.

Article 37

This Law replaces the Law on the Organization of the Council of Ministers dated July 14, 1960.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, Seventh Session, First Meeting, on July 4, 1981.

Trường Chinh

(Signed)