Decision No. 23/2023/QĐ-TTG on the establishment, organization, and operation of inter-sectoral coordination organizations.

Pursuant to …;
On the establishment, organization, and operation of inter-ministerial coordination bodies

Pursuant to the Government Organization Law dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;The Prime Minister issues this Decision on the establishment, organization, and operation of inter-ministerial coordination bodies.

||| Based on the proposal of the Minister of Home Affairs;

Article 1. Scope and objects regulated

PART I
GENERAL PROVISIONS

This Decision stipulates the establishment, organization, and operation of inter-ministerial coordination bodies under the authority of the Prime Minister.

Article 2. Forms of organization

1. Inter-ministerial coordination bodies shall be organized in the following forms: Councils, Committees, Steering Boards, Working Groups.

2. Organizations established pursuant to international treaties and agreements to which Vietnam is a party are not within the scope and objects regulated by this Decision.

Inter-ministerial coordination bodies assist the Prime Minister in researching, directing, and coordinating the resolution of important cross-sectoral matters.

Article 3. Functions

Article 4. Principles of organization and operation

1. The establishment, organization, and operation, reorganization, and dissolution of inter-ministerial coordination bodies shall be carried out in accordance with the provisions of this Decision.

2. Inter-ministerial coordination bodies do not perform state management functions.

3. Inter-ministerial coordination bodies do not have seals bearing the National Emblem.

Article 5. Circumstances for establishing inter-ministerial coordination bodies

1. When resolving important matters related to national defense, security, foreign affairs, mobilizing large resources, national key projects, and matters related to the state management tasks of multiple ministries and equivalent agencies, it is necessary to have centralized direction and management by the Prime Minister.

2. In cases of disasters, accidents, natural calamities, or particularly serious epidemics that exceed the capacity of a single ministry or equivalent agency to resolve, requiring concentrated resolution within a specific timeframe.

Inter-ministerial coordination bodies have the duties and powers to assist the Prime Minister:

Article 6. Duties and Authorities

1. To research, advise, recommend, and propose directions and solutions to resolve important cross-sectoral issues.

2. To direct and coordinate between ministries, equivalent agencies, and government-affiliated agencies and relevant organizations in resolving important cross-sectoral issues.

Article 7. Composition

1. Based on the nature and content of the tasks to be resolved, the Prime Minister decides who will head the inter-ministerial coordination body or assigns a Deputy Prime Minister. For other cases, the Minister or Head of an equivalent agency heads the inter-ministerial coordination body.

2. Inter-ministerial coordination bodies headed by the Prime Minister or Deputy Prime Minister include:

a) A deputy head from the ministry or equivalent agency assigned as the permanent office of the inter-ministerial coordination body;

b) Representatives from relevant agencies and organizations are deputy-level leaders from central ministries, departments, and mass organizations.

3. Inter-ministerial coordination bodies headed by a Minister or Head of an equivalent agency include:

a) One or more deputies, including a deputy minister or deputy head of an equivalent agency serving as the permanent office of the inter-ministerial coordination body;

b) Representatives from relevant agencies and organizations are deputy-level leaders from central ministries, departments, and mass organizations.

4. If it is necessary to arrange members with lower ranks than those specified in point b Clause 2, point b Clause 3 of this Article or members are experts and scientists to suit the special requirements, functions, tasks, and activities of the inter-ministerial coordination body, then the ministry or equivalent agency proposes the establishment of the inter-ministerial coordination body for the Prime Minister's consideration and decision on the composition of members of the inter-ministerial coordination body as stipulated in Clauses 2 and 3 of this Article.

5. Members operate on a part-time basis.

PROCEDURES FOR THE ESTABLISHMENT, REORGANIZATION, AND DISSOLUTION OF INTER-MINISTERIAL COORDINATION BODIES

Chapter II
PROCEDURES AND FORMALITIES FOR ESTABLISHING, REORGANIZING, AND DISSOLVING INTERDISCIPLINARY ASSOCIATIONS

Article 8. Proposal for the establishment of inter-ministerial coordination organizations

The Minister, Head of a ministerial-level agency shall submit to the Prime Minister proposals for establishing inter-ministerial coordination organizations, draft Memorandums, draft Decisions on establishment, and draft Regulations on organization and operation for comments from relevant agencies and organizations.

Article 9. Examination of the establishment of inter-ministerial coordination organizations

1. The Ministry of Home Affairs shall be responsible for examining the establishment of inter-ministerial coordination organizations within 01 to 03 working days from the date of receipt of complete files as stipulated in Clause 2 of this Article.

2. Ministries and ministerial-level agencies proposing the establishment of inter-ministerial coordination organizations shall send files to the Ministry of Home Affairs for examination. Files for examination include:

a) A memorandum on the establishment of inter-ministerial coordination organizations, clearly stating the necessity, functions, tasks, powers, proposed composition, permanent office, and duration of operation of the inter-ministerial coordination organizations;

b) Draft Decision on establishment;

c) Draft Regulation on organization and operation, clearly stating the principles of organization and operation, work systems, working relationships, responsibilities of the head and members of the inter-ministerial coordination organizations, tasks of the permanent office, information and reporting systems;

d) Written opinions of relevant agencies and organizations;

đ) Report on adopting and explaining opinions of relevant agencies and organizations.

Article 10. Procedures for submitting the establishment of inter-ministerial coordination organizations

1. Ministries and ministerial-level agencies shall submit to the Prime Minister for consideration and decision on the establishment of inter-ministerial coordination organizations.

2. Files submitted to the Prime Minister include:

a) Documents specified in Clause 2 of Article 9 of this Decision;

b) Written examination opinions of the Ministry of Home Affairs; report on adopting and explaining examination opinions.

Article 11. Verification of the establishment of inter-ministerial coordination organizations

The Government Office shall be responsible for verifying the establishment of inter-ministerial coordination organizations within 01 to 02 working days from the date of receipt of complete files as stipulated in Clause 2 of Article 10 of this Decision.

Article 12. Improvement and reorganization

1. When there are adjustments to the title of the head or changes in members of inter-ministerial coordination organizations, ministries and ministerial-level agencies proposing the establishment of inter-ministerial coordination organizations shall submit to the Prime Minister for consideration and decision.

2. Inter-ministerial coordination organizations may be reorganized through mergers or consolidations when their objectives, functions, and tasks overlap or duplicate, or when there are changes in their names, functions, and tasks according to decisions of competent authorities.

Reorganization of inter-ministerial coordination organizations shall be carried out in accordance with the procedures and formalities prescribed in Articles 8, 9, 10, and 11 of this Decision.

Article 13. Dissolution

1. Inter-ministerial coordination organizations established with a defined operational period shall dissolve themselves according to the period stated in the establishment decision.

2. Inter-ministerial coordination organizations established with a defined operational period based on assigned tasks shall dissolve themselves after completing the assigned tasks as stated in the establishment decision.

3. Inter-ministerial coordination organizations without a defined operational period shall dissolve when they cease operations, operate ineffectively, or have completed their tasks.

4. Ministries and ministerial-level agencies proposing the establishment of inter-ministerial coordination organizations shall be responsible for reporting to the head of the inter-ministerial coordination organizations before submitting to the Prime Minister for a decision to dissolve the inter-ministerial coordination organizations as stipulated in Clause 3 of this Article. Dissolution request files include:

a) A memorandum on the dissolution of inter-ministerial coordination organizations, clearly stating the necessity, reasons, dissolution plan, and recommendations or proposals (if any);

b) Draft Decision on dissolution;

c) Opinions of relevant agencies and organizations (if necessary);

d) Opinion of the Ministry of Home Affairs.

Chapter III
ACTIVITIES OF INTER-MINISTERIAL COORDINATION ORGANIZATIONS

Article 14. Working System

1. Inter-ministerial coordination organizations headed by the Prime Minister or Deputy Prime Minister shall operate under a system that emphasizes the personal responsibility of the head.

2. Inter-ministerial coordination organizations headed by a Minister or Head of an equivalent agency shall operate under a system that emphasizes the personal responsibility of each member.

Article 15. Responsibilities of the Standing Office of the Inter-Ministerial Coordination Organization

1. In inter-ministerial coordination organizations headed by the Prime Minister or Deputy Prime Minister, the head of the ministry or equivalent agency assigned to serve as the standing office shall be responsible for ensuring the operational conditions of the inter-ministerial coordination organization, using their own administrative apparatus to implement the tasks of the inter-ministerial coordination organization, or reporting to the head of the inter-ministerial coordination organization to establish an assisting team working on a part-time basis (including experts and scientists from relevant fields) within the standing office to assist the inter-ministerial coordination organization in effectively performing its tasks without increasing the staffing levels, except in special cases implemented according to the decision of the Prime Minister.

2. The Minister or Head of an equivalent agency heading an inter-ministerial coordination organization shall use their own administrative apparatus to perform the tasks of the inter-ministerial coordination organization, or establish an assisting team working on a part-time basis (including experts and scientists from relevant fields) to assist the inter-ministerial coordination organization in effectively performing its tasks without increasing the staffing levels.

Article 16. Responsibilities of the Head of the Inter-Ministerial Coordination Organization

1. The head of the inter-ministerial coordination organization shall be responsible for promulgating the Regulations on the organizational structure and operation.

2. The head of the inter-ministerial coordination organization who is a Deputy Prime Minister, Minister, or Head of an equivalent agency shall have the following responsibilities:

a) To be accountable to the Prime Minister for the performance of assigned tasks;

b) To organize the implementation of the tasks of the inter-ministerial coordination organization;

c) To direct and assign tasks to members;

d) To convene and chair meetings of the inter-ministerial coordination organization;

đ) To mobilize and call upon experts.

3. In inter-ministerial coordination organizations headed by the Prime Minister, the head of the ministry or equivalent agency assigned to serve as the standing office shall fulfill the responsibilities stipulated in points b, c, d, đ of Clause 2 of this Article.

Article 17. Responsibilities of Members

Members of the inter-ministerial coordination organization shall be responsible for fully participating in the activities of the inter-ministerial coordination organization and shall be individually accountable to the head of the inter-ministerial coordination organization for the tasks assigned to them.

The opinions of the members are considered the official opinions of their respective agencies or organizations.

Article 18. Information and Reporting System

1. In inter-ministerial coordination organizations headed by the Prime Minister or Deputy Prime Minister, the deputy heads who are the heads of ministries or equivalent agencies assigned to serve as the standing office shall be responsible for regular reporting in accordance with the Regulations on the organizational structure and operation, and ad hoc reporting as required by the Prime Minister regarding the situation of operations.

2. In inter-ministerial coordination organizations headed by a Minister or Head of an equivalent agency, the head of the inter-ministerial coordination organization shall be responsible for regular reporting in accordance with the Regulations on the organizational structure and operation, and ad hoc reporting as required by the Prime Minister regarding the situation of operations.

3. By December 31 each year, the standing office of the inter-ministerial coordination organization shall report on the situation of operations to the Ministry of Home Affairs and the Government Office for consolidation and reporting to the Prime Minister.

Article 19. Operating Expenses

The operating expenses of inter-sectoral coordination organizations shall be guaranteed from the state budget and allocated within the regular operating expenses of ministries and ministerial-level agencies assigned to perform the role of the permanent body of inter-sectoral coordination organizations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Decision takes effect from December 10, 2023; it replaces Decision No. 34/2007/QĐ-TTg dated March 12, 2007, of the Government Chairman on the issuance of regulations on the establishment, organization, and operation of inter-sectoral coordination organizations.

Article 21. Transitional Provisions

Within ninety days from the date this Decision takes effect, based on the provisions of this Decision, ministers, heads of ministerial-level agencies shall review, report, propose, and submit to the Ministry of Home Affairs for consolidation and reporting to the Prime Minister to reorganize, restructure, or dissolve inter-sectoral coordination organizations proposed for establishment by ministries and ministerial-level agencies in accordance with the direction of reducing inter-sectoral coordination organizations as required by Resolution No. 18-NQ/TW dated October 25, 2017, of the Sixth Plenary Session of the Central Committee of the Communist Party of Vietnam's Twelfth Term on some issues regarding continued reform and restructuring of the organizational structure of the political system to make it leaner, more effective, and efficient.

Article 22. Application Provisions

Inter-sectoral organizations prescribed in laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; decisions of the President; resolutions, decrees of the Government; decisions of the Government Chairman that have not specified details on organization and operation shall follow the procedures and formalities for establishment, reorganization, dissolution, organization, and operation as stipulated in this Decision.

Article 23. Responsibility for Implementation

1. Ministers, heads of ministerial-level agencies, and heads of government agencies are responsible for implementing this Decision.

2. The Minister of Home Affairs shall monitor and inspect the implementation of this Decision.