Decree No. 33/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Government Office

DECREE

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

____________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Minister, Head of the Government Office,

DECREE:

Article 1. Position and Functions

The Government Office is a ministerial-level agency, serving as the machinery to assist the Government and the Prime Minister.

The Government Office has the function of providing comprehensive advisory support to the Government to organize its common activities; providing comprehensive advisory support to the Prime Minister (including Deputy Prime Ministers) to lead, direct, and manage the activities of the Government and the state administrative system from central to local levels; ensuring information provision to serve the directive and management work of the Government and the Prime Minister and supplying information to the public in accordance with the law; ensuring material and technical 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 Government Office performs the tasks and powers prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 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. Provide comprehensive advice and assist the Government:

a) Building and managing the program of work of the Government in accordance with the law;

b) Monitoring and urging the Ministries, ministerial-level agencies, government agencies (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), related agencies, and organizations to implement the Program of Work of the Government and the Working Regulations of the Government;

c) Coordinating regularly with Ministries and sectors, provincial People's Committees, related agencies, and organizations during the preparation and completion of draft projects, plans, and draft regulatory legal documents of the Government to be submitted to the Government for consideration and decision-making in accordance with the law;

d) Reviewing the procedures and processes for preparation and independently evaluating draft projects, plans, draft regulatory legal documents, and important reports according to the Program of Work of the Government and other tasks submitted by Ministries and sectors, provincial People's Committees, and related agencies and organizations to the Government;

đ) To build draft projects, programs, draft regulatory legal documents, and important reports when assigned by the Government;

e) Taking the lead and coordinating with Ministries and sectors, provincial People's Committees, and related inter-ministerial agencies in preparing content and serving regular and extraordinary meetings of the Government, meetings of the Government with local leaders, and other specialized meetings and conferences of the Government;

2. Provide comprehensive advice and assist the Prime Minister:

a) Building and submitting to the Prime Minister for approval, and assisting the Prime Minister in urging the implementation of the annual, six-month, quarterly, monthly, and weekly programs of work of the Prime Minister; proposing to the Prime Minister key tasks that need focused leadership and management of Ministries and sectors, provincial People's Committees, and related agencies and organizations at different times;

b) Proposing to the Prime Minister to assign Ministries and sectors, provincial People's Committees, and related agencies and organizations to develop mechanisms, policies, projects, plans, and draft legal documents to be submitted to competent authorities for decision-making;

c) Reviewing the procedures and processes for preparation and independently evaluating draft legal documents, reports according to the Program of Work of the Prime Minister and other tasks submitted by Ministries and sectors, provincial People's Committees, and related agencies and organizations to the Prime Minister;

d) Taking the lead and coordinating with Ministries and sectors, provincial People's Committees, and related inter-ministerial agencies in completing content, procedures, files, and draft documents to be submitted to the Prime Minister for consideration and decision-making regarding other regular tasks;

đ) Preparing projects and draft regulatory legal documents when assigned by the Prime Minister;

e) Leading meetings with heads of agencies and relevant individuals to resolve issues within the Prime Minister's authority where Ministries and sectors, provincial People's Councils, and provincial People's Committees have differing opinions, pursuant to the Prime Minister's authorization;

g) To take the lead in drafting, editing, or making final revisions to draft reports and important speeches of the Prime Minister;

h) Assisting the Prime Minister in directing the implementation of cooperation regulations between the Government and Party agencies, the National Assembly, the President, the Vietnam Fatherland Front Central Committee, and central agencies of political-social organizations, the Supreme People's Court, and the Supreme People's Procuracy;

i) Assisting the Prime Minister in inspecting the implementation of tasks within the Prime Minister's inspection authority over Ministries and sectors, provincial People's Councils, provincial People's Committees, and related agencies and organizations to report and propose necessary measures to urge implementation and ensure compliance with administrative discipline to the Prime Minister;

k) Requesting Ministries and sectors, provincial People's Councils, provincial People's Committees, and related agencies and organizations to report on the implementation of legal documents and directives for management and operation issued by the Government and the Prime Minister;

l) Being entitled to request Ministries and sectors, provincial People's Councils, provincial People's Committees, and related agencies and organizations to provide materials, data, and related documents or attend meetings and work sessions to understand the situation and serve the directive and management work of the Government and the Prime Minister;

3. Ensure information:

a) Ensuring information provision to serve the leadership, direction, and management work of the Government and the Prime Minister; managing and maintaining the continuous operation of the Government's wide-area computer network;

b) Implementing regular and urgent reporting systems to the Prime Minister to inform Members of the Government, Heads of government agencies, Chairpersons of provincial People's Councils, provincial People's Committees, Party and State agencies, and related agencies and organizations about the country's economic and social situation, Government operations, and the Prime Minister's directive and management work;

c) Providing information to the public about the main activities, important decisions of the Government and the Prime Minister, and significant economic, political, and social events of public concern in accordance with the law and the Prime Minister's directives.

d) To perform the Government spokesperson duties in accordance with the law;

đ) To manage, publish, and distribute the Official Gazette of the Socialist Republic of Vietnam;

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

4. Ensure material and technical conditions for the operation of the Government and the Prime Minister.

5. To draft and issue regulatory legal documents and other documents within the jurisdiction of the Office of the Government in accordance with the law.

6. Organize the issuance and management of documents of the Government and the Prime Minister.

7. To conduct summaries, provide professional guidance on office work to the offices of ministries and sectors, and provincial People's Committees' offices.

8. Regarding cadres and civil servants:

a) Cadres and civil servants of the Government Office must be individuals with good political qualities and morals, high professional qualifications, knowledgeable about the sectors and fields they are assigned to manage and oversee; they shall be subject to remuneration and incentive policies as prescribed by law;

b) The Government Office may propose decisions on the transfer of cadres and civil servants working in ministries, sectors, agencies, and localities to work at the Government Office according to the regulations of the Prime Minister.

Ministries, sectors, agencies, and localities have the responsibility to create favorable conditions for cadres and civil servants to be transferred to work at the Government Office.

9. Manage organizational structure and staffing; implement salary systems and incentive, reward, and disciplinary policies; provide training and professional development for cadres, civil servants, and officials of the Government Office and inter-sectoral advisory, directing, and coordinating organizations assigned by the Prime Minister.

10. Manage finance, assets, projects, and scientific research activities.

11. Perform other tasks and powers delegated by the Government or the Prime Minister, or as prescribed by law.

Article 3. Organizational Structure

1. General Department.

2. Secretariat and Editing Department.

3. Legal Affairs Department.

4. Comprehensive Economic Department.

5. Industry Economic Department.

6. Business Reform Department.

7. International Relations Department.

8. Internal Affairs Department.

9. Complaints and Accusations Monitoring and Anti-Corruption Department.

10. Local Affairs Department.

11. Education and Culture-Social Affairs Department.

12. Administrative Organization and Civil Service Department.

13. Administrative Department.

14. Organization and Cadres Department.

15. Financial Department.

16. The Administrative Department.

17. Administrative Management Bureau II.

18. Government Electronic Information Portal.

19. Information Technology Center.

The Administrative Departments of Administrative Affairs, Cadre and Personnel, Finance, the Management Bureau, and the Second Administrative and Management Bureau shall be organized into divisions.

In this Article, units specified from Clause 1 to Clause 17 are administrative units, and units specified from Clause 18 to Clause 19 are public service units.

The Minister and Head of the Government Office shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers, and organizational structure of the Government Electronic Information Portal and the list of other public service units under the Government Office.

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette; it replaces Decree No. 18/2003/NĐ-CP dated February 20, 2003, of the Government on the functions, tasks, powers, and organizational structure of the Government Office; and abolishes previous provisions that conflict with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.