Decision No. 40/2002/QD-TTg stipulates the authority to sign and promulgate regulatory legal documents for the implementation of state management over sectors and fields under the administration of government agencies. The Minister, Head of the Government Office is assigned to sign and promulgate these documents, while the Heads of government agencies bear responsibility for researching and drafting them.
Scope of application
The Minister, Head of the Government Office; Heads of government agencies; Chairpersons of provincial People's Committees directly under the central government.
Key points
- The Minister, Head of the Government Office is assigned to sign and promulgate regulatory legal documents for the implementation of state management over sectors and fields under the administration of government agencies.
- The Heads of government agencies directly direct the research and drafting of regulatory legal documents serving the state management work of their respective sectors and fields.
- In cases where draft Laws, Ordinances, resolutions, decrees, decisions, directives of the Prime Minister submitted to the Government for consideration to be presented to the National Assembly or issued according to administrative law regulations.
- This Decision takes effect from the date of signing.
🌐 Social impact of this document
- Positive impact: Reducing administrative procedures, enhancing consistency in the issuance of regulatory legal documents.
- Negative impact: It may cause difficulties for government agencies in the process of drafting and submitting large projects such as Laws and Ordinances.
❓ Frequently asked questions
Which regulatory legal documents does the Minister, Head of the Government Office sign and promulgate?
The Minister, Head of the Government Office signs and promulgates regulatory legal documents previously within the promulgation authority of the Heads of government agencies.
What responsibilities do the Heads of government agencies have?
The Heads of government agencies bear responsibility for researching and drafting regulatory legal documents serving the state management work of their respective sectors and fields.
In which cases must the Heads of government agencies submit to the Government?
The Heads of government agencies must submit to the Government for consideration and present to the National Assembly or the Standing Committee of the National Assembly, or issue according to their authority regarding draft Laws, Ordinances, resolutions, decrees, decisions, directives of the Prime Minister.
When does this Decision take effect?
This Decision takes effect from the date of signing.
Who will report if there are issues between agencies?
The Minister, Head of the Government Office promptly reports to the Minister, Head of the Government Office, Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government.
Full text
Pursuant to …;
On the authority to sign and promulgate regulatory legal documents for state administration in sectors and fields under the management of government agencies
managed by agencies under the Government
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Resolution of Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the Standing Committee of the National Assembly No. 287/2002/NQ-UBTVQH10, stipulating the implementation of certain points of the Resolution on amending and supplementing certain articles of the Constitution of 1992;
At the proposal of the Minister, Head of the Government Organizational and Cadre Affairs Department, and the Minister, Chairman of the Government Office,
DECISION:
Article 1. The Minister, Chairman of the Government Office shall sign and promulgate regulatory legal documents (previously within the promulgation authority of the Heads of government agencies) for state administration in sectors and fields under the management of government agencies.
Article 2. The Heads of government agencies shall directly direct the study and drafting of regulatory legal documents to serve state administration in the sectors and fields they manage.
For draft Laws, Ordinances, draft resolutions, decrees of the Government, decisions, directives of the Prime Minister, the Heads of government agencies shall submit them to the Government, the Prime Minister in accordance with current laws for the Government, the Prime Minister to consider submitting to the National Assembly, the Standing Committee of the National Assembly or promulgating within their authority.
As for the draft regulatory legal documents specified in Article 1 of this Decision, they shall be submitted to the Minister, Chairman of the Government Office for signing and promulgation.
Article 3. This Decision shall take effect from the date of signing.
In the course of implementing this Decision, if any difficulties arise between Ministries, ministerial-level agencies, and government agencies, the Minister, Chairman of the Government Office shall promptly report
The Minister, Chairman of the Government Office, the Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decision./.
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