Law on Government Organization No. 63/2025/QH15 stipulates the position, functions, tasks, powers of the Government and its members, and adjusts the working system and operational procedures. This Law takes effect from March 1, 2025.
Scope of application
The Government, Prime Minister, Ministers, Deputy Prime Ministers, Vice Ministers, Director of the Government Office, agencies under the Government, Government members, and related agencies and organizations.
Key points
- The Government is the highest administrative state agency, exercising executive power, accountable to the National Assembly.
- The Prime Minister is elected by the National Assembly from among its deputies upon the proposal of the President and serves as the head of the Government.
- The term of office of the Government corresponds to that of the National Assembly, continuing its duties until the new National Assembly session establishes a new Government.
- The Government is accountable to the National Assembly for its work and decisions.
- The Prime Minister leads the work of the Government, directs the development of policies and laws, and organizes the implementation of the Constitution and laws.
- Ministers and heads of agencies equivalent to ministries are the heads of their respective ministries, responsible for state management in one or more sectors or fields.
- The Government has the authority to submit to the National Assembly and the Standing Committee of the National Assembly for decision-making on matters within their jurisdiction.
- The Government delegates authority to Ministers and heads of agencies equivalent to ministries to carry out specific tasks.
🌐 Social impact of this document
- Positive impact: Creates a favorable environment for citizens and businesses through administrative reform.
- Negative impact: May impose a burden of administrative procedures on agencies and organizations during the process of delegation.
❓ Frequently asked questions
How is the Prime Minister elected?
The Prime Minister is elected by the National Assembly from among its deputies upon the proposal of the President.
What is the term of office of the Government?
The term of office of the Government corresponds to that of the National Assembly, continuing its duties until the new National Assembly session establishes a new Government.
What can the Prime Minister decide?
The Prime Minister leads the work of the Government, directs the development of policies and laws, and organizes the implementation of the Constitution and laws. Additionally, the Prime Minister also has the authority to make certain specific decisions as prescribed.
How does the Government delegate authority?
The Government delegates authority to Ministers and heads of agencies equivalent to ministries to carry out specific tasks. Delegation must ensure clear identification of subjects, content, scope of tasks, and powers.
What matters can the Government submit to the National Assembly for decision?
The Government is responsible for submitting to the National Assembly and the Standing Committee of the National Assembly for decision-making on contents as prescribed by the Constitution and important matters within the jurisdiction of the National Assembly.
Full text
|
OF THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIET NAM |
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Law No.: 63/2025/QH15 |
Hanoi, February 18, 2025 |
LAW
ORGANIZATION OF THE GOVERNMENT
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Law on the Organization of the Government.
PART I
GENERAL PROVISIONS
Article 1. Position and Functions of the Government
1. The Government is the highest administrative organ of the State of the Socialist Republic of Vietnam, exercising executive power, and is the implementing body of the National Assembly.
2. The Government is accountable to the National Assembly and reports its work to the National Assembly, the Standing Committee of the National Assembly, and the President.
Article 2. Organizational Structure and Members of the Government
1. The Government consists of the Prime Minister, Deputy Prime Ministers, Ministers, and Heads of Ministries equivalent to Ministries. The number of members of the Government is determined by the Prime Minister and submitted to the National Assembly for decision.
2. The organizational structure of the Government includes Ministries and Ministries equivalent to Ministries.
The establishment and abolition of Ministries and Ministries equivalent to Ministries shall be proposed by the Government and decided by the National Assembly.
Article 3. Term of Office of the Government
The term of office of the Government corresponds to the term of office of the National Assembly. When the National Assembly's term ends, the Government continues to perform its duties until the new National Assembly establishes a new Government.
Article 4. Prime Minister
1. The Prime Minister is elected by the National Assembly from among its deputies upon the proposal of the President.
2. The Prime Minister is the head of the Government and the state administrative system.
Article 5. Principles of Organization and Operation of the Government
1. Adherence to the Constitution and laws, social management through the Constitution and laws, implementation of the principle of democratic centralism; ensuring gender equality.
2. Establishment of an administrative management apparatus that is multi-sectoral, streamlined, efficient, effective, and ensures the principle that lower-level agencies comply with the leadership, guidance, and strict enforcement of decisions made by higher-level agencies.
3. Clear demarcation of tasks, powers, and responsibilities between the Government, the Prime Minister, and Ministers and Heads of Ministries equivalent to Ministries, and the functions and scope of management between Ministries and Ministries equivalent to Ministries; ensuring the principle of collective leadership and individual responsibility, emphasizing the personal responsibility of heads.
4. Rational division of authority and decentralization between the Government and local authorities, ensuring the unified management authority of the Government and promoting the initiative, creativity, and self-responsibility of local authorities.
5. Implementation of modern national governance towards effectiveness and efficiency; building a unified, smooth, continuous, democratic, rule-of-law-based, professional, modern, scientific, clean, transparent, disciplined administrative environment; creating a favorable environment for citizens and businesses; serving the people and being subject to people's inspection and supervision.
6. Proactively participating, closely coordinating, and strengthening government oversight over the national administrative system and the exercise of legislative and judicial powers.
Article 6. Principles of Authority Division
The tasks, powers of the Government, the Prime Minister, Ministers, and Heads of Ministries equivalent to Ministries are defined based on the following principles of authority division:
1. The Government has the responsibility to submit to the National Assembly and the Standing Committee of the National Assembly for decision-making on matters prescribed by the Constitution and important issues within the jurisdiction of the National Assembly, and issues within the jurisdiction of the Standing Committee of the National Assembly as stipulated in the Law on the Organization of the National Assembly.
2. The Government has the responsibility to coordinate with the People's Courts and the People's Procuratorates according to this Law, the Law on the Organization of the People's Courts, the Law on the Organization of the People's Procuratorates, and other relevant laws.
3. The Government guides local authorities in performing their assigned tasks and powers; local authorities take the initiative in making decisions, organizing implementation, and bearing responsibility for their assigned tasks and powers.
4. The Government exercises unified state management over sectors and fields; implements the allocation of the scope of state management to Ministries and Ministries equivalent to Ministries, ensuring clear demarcation of responsibilities of Ministers and Heads of Ministries equivalent to Ministries as members of the Government and as heads of Ministries and Ministries equivalent to Ministries.
5. The Prime Minister is the head of the Government; leads the work of the Government and is accountable to the National Assembly for the activities of the Government and assigned tasks, does not decide issues within the jurisdiction and responsibility of Ministers and Heads of Ministries equivalent to Ministries regarding sectors and fields allocated by the Government. In necessary cases, the Government and the Prime Minister direct and manage the resolution of issues within the jurisdiction and powers of Ministers and Heads of Ministries equivalent to Ministries and local authorities.
6. Ministers and Heads of Ministries equivalent to Ministries perform their tasks and powers according to the principles of authority division, decentralization, and delegation as stipulated in this Law, provisions on decentralization in the Law on the Organization of Local Authorities, and other relevant laws.
7. Decentralization must ensure clarity of subjects, content, scope of tasks and powers, transparency, accountability, supervision, auditing, inspection, and control of power as prescribed by the Constitution and laws.
8. The definition of functions, tasks, powers, and responsibilities of the Government, the Prime Minister, and Ministries and Ministries equivalent to Ministries in other normative legal documents must be consistent with this Law, ensuring effective control of state power.
9. Encouraging central state agencies and local authorities to proactively propose decentralization and delegation tied to mechanisms, policies, and solutions to effectively implement decentralization and delegation, thereby enhancing flexibility, creativity, resource liberation, and economic and social development promotion.
Article 7. Delegation of Authority
1. Delegation of authority is the act of the National Assembly stipulating tasks and powers of agencies, organizations, and individuals in laws, resolutions, ensuring consistency with the principles of authority division prescribed in this Law, the Law on Organization of the National Assembly, the Law on Local Administration, and other relevant laws.
2. Determining the tasks and powers of the Government, the Prime Minister, and dividing tasks and powers between central administrative agencies and local authorities must be consistent with the principles of authority division, tasks, and powers of the Government, the Prime Minister, Ministers, and Heads of Ministries prescribed in this Law, taking into account the conditions, characteristics, resources, and capacity of localities; ensuring the initiative and autonomy of local authorities in decision-making, implementation organization, and self-responsibility for delegated tasks and powers.
3. Central state agencies have the responsibility to guide, coordinate, and cooperate with local authorities in tasks and powers that have been delegated.
4. Local authorities actively coordinate regional and inter-regional cooperation in economic and social development within the scope of delegated authority.
Article 8. Decentralization
1. Decentralization within the state agency system is the act of agencies or persons with authority entrusting other agencies, organizations, units, or individuals to continuously and regularly perform one or more tasks and powers assigned to them according to the law, with conditions ensuring the performance of these tasks and powers based on the principle that the agency, organization, unit, or individual receiving decentralization bears full responsibility for the results of the delegated tasks and powers. Decentralization must be stipulated in normative legal documents of the agency or person with the authority to decentralize.
2. The Government, the Prime Minister decentralizes to Ministers, Heads of Ministries, as heads of Ministries and equivalent agencies, Heads of government agencies, People's Councils, People's Committees, Chairpersons of People's Committees, except where the law stipulates that decentralization is not allowed.
Ministers, Heads of Ministries decentralize to People's Councils, People's Committees, Chairpersons of People's Committees, subordinate organizations and units under Ministries and equivalent agencies, except where the law stipulates that decentralization is not allowed.
3. Agencies or persons decentralizing have the responsibility to ensure necessary conditions when deciding to decentralize, except where the decentralized agency, organization, unit, or individual requests and ensures the conditions for performing the delegated tasks and powers.
4. Agencies or persons decentralizing have the responsibility to monitor, guide, and inspect the execution of delegated tasks and powers, ensuring that the contents of decentralization are effectively implemented; they bear responsibility for the results of the tasks and powers they decentralize if they fail to ensure the conditions as stipulated in Clause 3 of this Article.
5. Agencies, organizations, units, or individuals receiving decentralization have the right to participate in opinions on draft decentralization documents, request agencies or persons decentralizing to adjust the contents of decentralization; they bear legal responsibility before the law, before the agency or person decentralizing for the results of the delegated tasks and powers, regularly report and evaluate the execution of delegated tasks and powers, and may not further decentralize the tasks and powers they have received.
6. In cases where decentralization leads to the need to change procedures, processes, or authority to implement tasks and powers currently regulated in normative legal documents at their level, then immediate amendments or delegations to lower levels to regulate; if related to regulations of higher-level state agencies, the agency or person decentralizing adjusts the procedures, processes, or authority of related agencies to implement those tasks and powers, ensuring requirements for administrative reform towards reducing administrative procedures, not adding new components to the dossier, not increasing additional requirements, conditions, or time limits for ongoing procedures; subsequently, the agency or person decentralizing has the responsibility to report to higher-level state agencies about the adjustment of procedures, processes, or authority in normative legal documents of higher-level state agencies.
Article 9. Delegation of Authority
1. Delegation of authority within the state administrative system is the act of an agency, organization, or person with authority entrusting another agency, organization, unit, or individual to perform one or more tasks or powers assigned to them under the law for a specified period of time, on the principle that the delegating agency, organization, or person is responsible for the results of the delegated tasks and powers. The delegation must be reflected in a document issued by the delegating agency, organization, or person.
2. The Prime Minister may delegate authority to ministers, heads of ministries at the ministerial level, heads of government agencies, provincial people's committees, and municipal people's committees directly under the central government (hereinafter referred to collectively as provincial level); ministers and heads of ministries at the ministerial level may delegate authority to provincial people's committees and chairpersons of provincial people's committees, except where the law provides otherwise regarding decentralization and delegation.
3. Delegation of authority must satisfy the following conditions:
a) The delegation document must specify the content, scope, and duration of the delegation; the method of implementing the delegation and other necessary conditions for performing the delegated tasks and powers;
b) The delegation must be appropriate to the capacity and ability of the delegated agency or individual to perform the tasks and powers.
4. The delegator is responsible for monitoring, guiding, and inspecting the performance of the delegated tasks and powers; they are legally responsible for the legality of the delegation; they are responsible for the results of the delegated tasks and powers, except when the delegated agency or individual performs outside the content, scope, and duration specified in Clause 5 of this Article. If the delegation leads to changes in procedures, processes, or authorities required to implement the delegated tasks and powers, it shall be carried out in accordance with Clause 6 of Article 8 of this Law.
5. The delegated agency or individual must perform the delegated tasks and powers accurately and bear responsibility before the delegator for the results of the delegated tasks and powers. In cases where the delegated agency or individual performs outside the content, scope, and duration specified in the delegation, they are legally responsible for the results of the delegated tasks and powers, and the delegator is not responsible for the incorrect performance.
6. The delegated agency or individual has the right to request the delegator to adjust the content, scope, and duration of the delegation; they may not further delegate the tasks and powers they have been delegated.
Chapter II
GOVERNMENT, PRIME MINISTER OF THE GOVERNMENT
Section 1
THE GOVERNMENT
Article 10. Tasks and Powers of the Government
The Government carries out tasks and powers as prescribed by the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, and the specific tasks and powers listed below:
1. Submit to the National Assembly for decision:
a) Approval of draft laws;
b) Approval of draft laws or draft resolutions concerning: national socio-economic development goals, indicators, policies, and basic tasks; fundamental national financial and monetary policies; national ethnic and religious policies; fundamental foreign policy of the State; division of revenue and expenditure responsibilities between the central budget and local budgets; limits on national debt, public debt, and government debt; state budget estimates and central budget allocations; approval of final accounts of the state budget; referendum;
c) Approval of draft resolutions on the establishment, abolition, merger, division, and adjustment of boundaries of ministries, ministerial-level agencies; establishment, dissolution, merger, division, and boundary adjustment of provincial administrative units and special administrative-economic zones;
2. Submit to the Standing Committee of the National Assembly for decision:
a) Approval of draft ordinances or draft resolutions;
b) Approval of draft resolutions on the establishment, dissolution, merger, division, and boundary adjustment of administrative units below the provincial level;
4. Organize the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President:
a) Timely issuance of sufficient legal documents to implement the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President, and to fulfill assigned tasks and powers; ensuring constitutional and legal validity and consistency in legal normative documents issued by the Government, Prime Minister, ministers, and heads of ministerial-level agencies, and local governments; inspection of their implementation and handling of documents contrary to the Constitution and laws;
b) Decisions on measures to organize the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees, and decisions of the President; directing the implementation and inspection of government resolutions, decrees, and work programs;
c) Leadership and direction of the dissemination, popularization, and education of the Constitution and laws; ensuring material, human resources, and other sources to implement the Constitution and laws; unified management of administrative judicial affairs, judicial support, state compensation, enforcement of judgments, and law enforcement related to administrative violations;
d) Comprehensive assessment of the implementation of the Constitution and laws and reporting to the National Assembly, the Standing Committee of the National Assembly, and the President as stipulated by law;
5. Unified management of the national administrative system, ensuring unity, continuity, democracy, rule of law, professionalism, modernity, scientific approach, integrity, transparency, discipline, effectiveness, efficiency, service to the people:
a) Unified state management of the administrative apparatus; implementation of personnel management of civil servants and officials in state agencies; unified management of administrative reform, civil service system reform, and civil servant reform;
b) Uniformly manage state administration and organize the implementation of the salary system for cadres, civil servants, and public officials from central to local levels;
c) Uniformly manage and effectively utilize national resources. Uniformly manage the use of state budget, public assets, and implement financial systems as prescribed by law; enforce policies on thrift, waste prevention;
d) Uniformly manage infrastructure, application of science and technology, innovation and digital transformation, artificial intelligence in the activities of the national administrative system;
đ) Uniformly organize inspection, supervision, handling of complaints and denunciations, prevention and combat of bureaucracy, corruption, negative practices, and waste in the operation of the state administrative machinery and economic-social activities;
e) Lead the work of Ministries, agencies at the level of ministries, government agencies, People's Councils at all levels; guide and inspect the People's Councils at all levels in implementing the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the President, resolutions and decrees of the Government, decisions and directives of the Prime Minister; inspect the constitutionality and legality of the resolutions of the People's Councils; create conditions for the People's Councils to perform their tasks and powers as prescribed by law; resolve petitions of the People's Councils, People's Committees, and voters;
g) Uniformly manage state administration regarding the organization and operation of associations and non-governmental organizations;
h) Uniformly manage state administration regarding the work of commendation and reward;
i) Guide and inspect the organizational structure of the state administrative apparatus; cadres, civil servants, public officials, and public service; administrative reform; commendation and reward; finance and public assets in legislative bodies, judicial bodies, prosecution bodies, and the State Audit Office;
6. Uniformly manage economic, cultural, social, educational, health, scientific, technological, environmental, information, communication, foreign affairs, international integration, defense, national security, social order, and safety; decide specific measures to protect the rights and interests of the State and society, human rights, citizens' rights; protect national independence, sovereignty, unity, territorial integrity, contribute to maintaining peace in the region and worldwide, ensure social order and safety;
7. Decide development policies for sectors, fields, regions, and localities, except those within the jurisdiction of the National Assembly and local authorities, ensuring consistency with the Party's guidelines, strategies, and socio-economic development plans of the country during each period, and the basic goals, indicators, policies, and tasks for socio-economic development approved by the National Assembly;
8. The Government shall stipulate policies according to its functions, tasks, and authority, be responsible for its decisions as prescribed, and carry out the following specific tasks and powers:
a) Organize the implementation of general mobilization orders or partial mobilization orders, orders declaring a state of emergency, and other necessary measures to protect the nation, safeguard the lives and property of the people;
b) Submit to the National Defense and Security Council for decision on the participation of the people's armed forces in activities contributing to maintaining peace in the region and worldwide;
c) Organize negotiations and sign international treaties on behalf of the State under the authorization of the President; decide on signing, joining, approving, or terminating the effectiveness of international treaties on behalf of the Government, except international treaties submitted to the National Assembly for approval as prescribed by the Constitution;
d) Organize and direct the activities of state representative offices abroad and at international organizations; protect the legitimate interests of organizations and citizens of Vietnam abroad, overseas Vietnamese; manage the activities of foreign organizations and individuals in Vietnam in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party;
đ) Decide on the establishment, reorganization, dissolution of government agencies; stipulate the functions, tasks, powers, organizational structures of Ministries, agencies at the level of ministries, government agencies; criteria for establishment, maximum number of deputy positions for heads of organizations and units under Ministries, agencies at the level of ministries, government agencies;
e) Stipulate the framework for the number and organization of specialized agencies under People's Committees; criteria for establishment, maximum number of deputy positions for heads of specialized agencies and organizations and units under specialized agencies under People's Committees;
h) Carry out the function of representing the owner for state assets under全民所有的财产,根据法律规定对国家在国有企业中的股份行使所有权职能;
i) Based on the approval of the competent authority, the Government reports to the Standing Committee of the National Assembly for permission to implement alternative measures different from the provisions of laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly when it is necessary to mobilize resources to implement national target programs and important national projects, then report to the National Assembly at the nearest session;
i) Report to the National Assembly and the Standing Committee of the National Assembly the opinions of the Government on draft laws and ordinances proposed by agencies, organizations, and National Assembly deputies.
Article 11. Responsibilities of the Government
1. The Government shall be responsible to the National Assembly for the performance of its tasks and powers; for the results, effectiveness, and efficiency of state administrative management and operation; for the policies and guidelines proposed by it to competent state agencies.
2. The Government shall report on its work to the National Assembly, the Standing Committee of the National Assembly, and the President twice a year.
The Government shall report on extraordinary matters at the request of the National Assembly, the Standing Committee of the National Assembly, and the President.
Article 12. Relations between the Government and the Central Committee of the Vietnam Fatherland Front and central agencies of political-social organizations
1. The Government shall cooperate with the Central Committee of the Vietnam Fatherland Front and central agencies of political-social organizations in performing its tasks and exercising its powers.
2. The Government and the Central Committee of the Vietnam Fatherland Front, and central agencies of political-social organizations shall establish regulations for their cooperation.
3. When drafting laws, resolutions to be submitted to the National Assembly, ordinances, draft resolutions to be submitted to the Standing Committee of the National Assembly, draft decrees, and draft resolutions of the Government, the Government shall send drafts of these documents to the Central Committee of the Vietnam Fatherland Front and relevant central agencies of political-social organizations for their comments.
4. The Government shall regularly inform the Central Committee of the Vietnam Fatherland Front and central agencies of political-social organizations about the economic and social situation and important decisions and guidelines of the Government that affect various strata of the people.
5. The Government shall create favorable conditions for the Central Committee of the Vietnam Fatherland Front and central agencies of political-social organizations to publicize and disseminate laws among the people, mobilize and organize the people to participate in building and consolidating people's administration, implement the guidelines, policies, and laws of the State, ensure the people's right to mastery, provide social feedback, and supervise the activities of state agencies, elected representatives, civil servants, and officials.
6. The Government shall have the responsibility to study, resolve, and respond to the recommendations of the Central Committee of the Vietnam Fatherland Front and central agencies of political-social organizations.
Section 2
PRIME MINISTER
Article 13. Tasks and Powers of the Prime Minister
The Prime Minister shall perform tasks and exercise powers as prescribed by the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, and the following tasks and powers:
1. Submit to the National Assembly for approval the proposal to appoint, dismiss, or remove from office Deputy Prime Ministers, Ministers, and Heads of Ministries equivalent to ministries; during the period when the National Assembly is not in session, submit to the President for decision to temporarily suspend the duties of Deputy Prime Ministers, Ministers, and Heads of Ministries equivalent to ministries;
2. Submit to the Standing Committee of the National Assembly for approval the proposal to appoint Ambassadors Extraordinary and Plenipotentiary of the Socialist Republic of Vietnam;
a) Awarding orders, medals, national awards, and honorary titles; deciding on granting, revoking, restoring, or depriving Vietnamese citizenship;
b) Bestowing, promoting, demoting, or stripping military ranks of generals, vice admirals, rear admirals, admirals of the Vietnam People's Navy; appointing, dismissing, or removing from office the Chief of the General Staff, Director of the Political Department of the Vietnam People's Army;
4. Lead the work of the Government; lead and direct the formulation of policies, laws, and organization of implementation of the Constitution and laws, and perform the following specific tasks and powers:
a) Convene and chair sessions of the Government, decide on the program of work of the Government and the Prime Minister;
b) Lead and direct the formulation of legal documents and strategies, plans, policies, and other projects within the jurisdiction of the Government and the Prime Minister;
c) Direct and coordinate the activities of Government members; decide on issues where there are differing opinions among Ministers and Heads of Ministries equivalent to ministries;
d) Lead and direct provincial People's Councils and Chairpersons of provincial People's Councils to implement legal provisions and programs, plans, and strategies of the Government in areas of economic, cultural, social, educational, health, scientific, technological, environmental, information, communication, foreign affairs, international integration, defense, national security, public order, and social safety;
đ) Lead, direct, inspect, and handle violations during the implementation of the Constitution and laws throughout the country;
e) In cases of real necessity for the national interest, disaster prevention and control, disease prevention, ensuring the lives and property of the people, the Prime Minister may decide to apply urgent measures provided for by current laws, and report to the competent authority of the Party and the National Assembly as soon as possible;
5. Lead and be responsible for the operation of the state administrative system from central to local levels:
a) Manage and operate the state administrative system from central to local levels in serving the people and implementing tasks related to economic, cultural, social, educational, health, scientific, technological, environmental, information, communication, foreign affairs, international integration, defense, national security, public order, and social safety;
b) Lead and direct the management of cadres, civil servants, and officials in state agencies from central to local levels;
c) Lead, direct, organize inspections, and checks on the performance of public duties by cadres and civil servants in the state administrative system;
d) Lead and direct the management and operation of all material resources, finances, and state budget sources to serve the functioning of the state apparatus;
đ) Lead and direct the reform of the administrative system and the cadre and civil servant system in the state administrative system from central to local levels;
e) Direct, guide, and inspect the activities of the Minister, Head of an agency at the ministerial level, local authorities, and heads of agencies and units within the administrative state system from central to local levels;
6. Issue decisions, directives, and guidance, and inspect the implementation of such documents within the administrative state agencies from central to local levels, and decide on the following specific matters:
a) During periods when the National Assembly is not in session, decide to delegate the authority of the Minister or Head of an agency at the ministerial level in cases where there is a vacancy for the Minister or Head of an agency at the ministerial level; during periods between two sessions of the People's Council at the provincial level, decide to delegate the authority of the Chairman of the People's Committee at the provincial level in cases where there is a vacancy for the Chairman of the People's Committee at the provincial level;
b) Appoint, relieve from duty, temporarily suspend work, remove from office, and accept resignation of Deputy Ministers and equivalent positions within the Ministry or agency at the ministerial level; decide on the appointment, relief from duty, and removal from office of heads and deputy heads of agencies under the Government and other positions according to the cadre management hierarchy of the competent authority;
c) Approve the election, relief from duty, and decision to transfer or remove from office of the Chairperson and Vice-Chairperson of the People's Committee at the provincial level; temporarily suspend work for the Chairperson of the People's Committee at the provincial level; request the Chairperson of the People's Committee at the provincial level to implement temporary suspension of work or removal from office according to the cadre management hierarchy for the Vice-Chairperson of the People's Committee at the provincial level, Chairperson, and Vice-Chairperson of lower-level People's Committees when they fail to complete assigned tasks or violate the law;
d) Decide on the establishment, reorganization, and dissolution of other organizations under the People's Committee at the provincial level as prescribed by law; decide on the establishment of councils, committees, or boards when necessary to assist the Prime Minister in researching, guiding, and coordinating the resolution of important cross-sectoral issues;
Article 14. Responsibilities of the Prime Minister
1. Be responsible before the National Assembly for the activities of the Government and the administrative state system from central to local levels; for decisions and the results of implementing those decisions within the scope of assigned tasks and powers;
2. Implement reports on the work of the Government and the Prime Minister before the National Assembly, the Standing Committee of the National Assembly, and the State President; explain and answer questions from National Assembly deputies, and if necessary, authorize a Deputy Prime Minister to perform these duties;
3. Implement the system of reporting to the people through mass media on important issues within the jurisdiction of the Government and the Prime Minister;
4. The Prime Minister represents the Government or authorizes a member of the Government to represent the Government in signing Government documents;
Article 15. Deputy Prime Minister
1. A Deputy Prime Minister assists the Prime Minister in performing tasks as assigned by the Prime Minister and is responsible to the Prime Minister for the assigned tasks; together with other members of the Government, bear collective responsibility for the activities of the Government;
2. When the Prime Minister is absent, a Deputy Prime Minister authorized by the Prime Minister may represent the Prime Minister in leading the work of the Government;
Chapter III
MINISTER, HEAD OF AN EQUIVALENT AGENCY AT THE MINISTERIAL LEVEL; MINISTRY, EQUIVALENT AGENCY AT THE MINISTERIAL LEVEL, AND AGENCIES UNDER THE GOVERNMENT
Article 16. Position and Functions of the Minister and Head of an Equivalent Ministry
The Minister and Head of an Equivalent Ministry are members of the Government and heads of their respective ministries or equivalent ministries, leading the work of their ministries or equivalent ministries; they are responsible for state management in one or several sectors or fields and public services within those sectors or fields as assigned; organizing the implementation and monitoring the enforcement of laws related to their sectors or fields nationwide.
Article 17. Duties and Authorities of the Minister and Head of an Equivalent Ministry as Members of the Government
1. Attend sessions of the Government and participate in resolving common tasks of the Government collective; participate in voting at Government sessions, collectively deciding issues within the purview of the Government.
2. Propose to the Government and Prime Minister policies, mechanisms, and legal documents necessary within the purview of the Government and Prime Minister; proactively work with the Prime Minister and Deputy Prime Ministers on Government affairs and other related matters; be responsible for the entire content and progress of proposals, projects, and legal documents assigned.
3. Carry out specific tasks in assigned sectors or fields as delegated by the Government or authorized by the Prime Minister; direct, guide, and inspect the enforcement of laws, the implementation of strategies, plans, programs, and decisions of the Government and Prime Minister regarding assigned sectors or fields.
4. Perform other duties and authorities delegated by the Prime Minister.
Article 18. Responsibilities of the Minister and Head of an Equivalent Ministry as Members of the Government
1. Be individually accountable to the Prime Minister, the Government, and the National Assembly for the sectors or fields under their management; collectively accountable with other members of the Government for the activities of the Government.
2. Report on work to the Government and Prime Minister, and report to the people on important issues within their management responsibility; explain and answer questions from National Assembly deputies.
Article 19. Duties and Authorities of the Minister and Head of an Equivalent Ministry as Heads of Ministries or Equivalent Ministries
1. Submit to the Government and Prime Minister for consideration and decision according to their authority or submit to competent authorities for decision issues within the scope of state management in assigned sectors or fields as directed by the Government and guided by the Prime Minister; propose to the Prime Minister the appointment, dismissal, suspension, removal, or resignation of Deputy Ministers or Deputy Heads of Equivalent Ministries; recommend to the Prime Minister the suspension of resolutions of provincial People's Councils that contravene the Constitution, laws, and higher-level state agency documents concerning the sectors or fields under their management responsibility.
2. Issue regulatory legal documents within their authority to perform state management functions in assigned sectors or fields; issue strategies, plans, policies for development in assigned sectors or fields in accordance with the law.
3. Lead, direct, and be personally responsible for all aspects of the work of their ministries or equivalent ministries as prescribed by law; direct subordinate units to implement approved strategies, plans, programs, projects, and tasks assigned by the Government and Prime Minister.
4. Decide issues within the functions, duties, and authorities of their ministries or equivalent ministries as prescribed by law.
5. Proactively coordinate closely with Party agencies, the National Assembly, the President, the Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, the Central Committee of the Vietnam Fatherland Front, and central agencies of political-social organizations; explain issues of concern to the Ethnic Council and Committees of the National Assembly; answer questions from National Assembly deputies, suggestions from voters, and recommendations from the Vietnam Fatherland Front and political-social organizations regarding issues within their management responsibility.
6. Guide and inspect, coordinate with other ministries, equivalent ministries, and government agencies to carry out assigned tasks; recommend to other ministers or heads of equivalent ministries to suspend or revoke regulations issued by them that contravene the Constitution, laws, higher-level state agency documents, or regulations of their ministries or equivalent ministries concerning sectors or fields under their management responsibility. In case the recommendation is not accepted, report to the Prime Minister for a decision.
7. Direct, guide, and inspect People's Committees at all levels to carry out assigned tasks or tasks assigned by the Government and Prime Minister.
8. Recommend People's Committees and Chairpersons of Provincial People's Committees to suspend or revoke regulations issued by them that contravene documents concerning assigned sectors or fields. If People's Committees and Chairpersons of Provincial People's Committees do not comply, report to the Prime Minister for a decision.
9. Perform other tasks and authorities assigned by the Government and Prime Minister.
Article 20. Responsibilities of the Minister and Head of a Ministry-Level Agency in their capacity as head of the ministry or ministry-level agency
1. Shall be personally responsible to the Prime Minister and the Government for the results, effectiveness, and efficiency of the operations of the ministry or ministry-level agency; for decisions and the outcomes of implementing such decisions within the scope of assigned tasks and authorities.
2. Shall report on work to the Government and the Prime Minister; shall report to the people on important issues within their management responsibilities.
Article 21. Deputy Ministers and Deputy Heads of Ministry-Level Agencies
1. Deputy Ministers and Deputy Heads of Ministry-Level Agencies assist the Minister and Head of a Ministry-Level Agency in performing tasks assigned by the Minister and Head of a Ministry-Level Agency and shall be responsible to the Minister and Head of a Ministry-Level Agency for the tasks assigned.
2. The number of Deputy Ministers and Deputy Heads of Ministry-Level Agencies shall not exceed five, except for the Ministries of National Defense, Public Security, and Foreign Affairs which shall not exceed six, unless required by the competent authority for cadre rotation.
Article 22. Ministries and Ministry-Level Agencies
1. Ministries and Ministry-Level Agencies are governmental bodies that perform state management functions over one or several sectors and fields and public services within the national scope as assigned.
2. The Government shall specify the functions, tasks, authorities, and organizational structure of each Ministry and Ministry-Level Agency.
Article 23. Office of the Government
1. The Office of the Government is the machinery that assists the Government and the Prime Minister, with advisory and comprehensive support functions to enable the Government and the Prime Minister to carry out their tasks and authorities as prescribed by the Government.
2. The Office of the Government is headed by the Minister and Director of the Office of the Government.
Article 24. Agencies under the Government
1. Agencies under the Government are bodies established by the Government to implement policies, serve state management, and provide public services.
2. The Government shall define the functions, tasks, authorities, and organizational structures of agencies under the Government.
3. The heads of agencies under the Government shall perform their tasks and authorities as prescribed by the Government and shall be responsible to the Government and the Prime Minister for the tasks and authorities assigned.
4. The Government shall provide detailed regulations on this matter.
Chapter IV
WORKING REGIME OF THE GOVERNMENT
Article 25. Working Regime of the Government and its Members
1. The working regime of the Government and its members is implemented based on clearly defined functions, tasks, authorities, and emphasizing the responsibility of the Prime Minister and each member of the Government as stipulated by law.
2. The Government operates collectively and decides by majority rule.
3. The Government shall promulgate the Working Regulations of the Government.
Article 26. Forms of Operation of the Government
1. The Government convenes regular meetings once a month; convenes specialized meetings or emergency meetings to address urgent matters as decided by the Prime Minister, upon request of the State President, or by at least one-third of the total number of Government members.
2. In cases where the Government does not convene a meeting, the Prime Minister shall decide to seek opinions from Government members in writing.
3. The Government shall convene meetings upon request of the State President to discuss issues deemed necessary by the State President to fulfill his duties and authorities. When issuing regulations to implement ethnic policies, the Government must seek the opinion of the Ethnic Council of the National Assembly.
4. Reforming the forms of operation of the Government is linked to promoting administrative reform, ensuring flexibility, effectiveness, and building an electronic and digital Government.
Article 27. Obligation to Attend Cabinet Meetings of Government Members
1. Government members shall be responsible for attending Cabinet meetings; if absent from a meeting or part of a meeting, they must obtain the Prime Minister's consent.
The Prime Minister may permit a government member to be absent and authorize their deputy to attend the Cabinet meeting.
2. When necessary, heads of governmental agencies and Chairpersons of provincial People's Councils may be invited to attend Cabinet meetings.
3. Participants in Cabinet meetings who are not government members have the right to express opinions but do not have voting rights.
Article 28. Cabinet Meetings of the Government
1. A Cabinet meeting can only be held when at least two-thirds of the total number of government members are present.
2. The agenda of a Cabinet meeting is proposed by the Prime Minister and notified to all government members.
3. Decisions of the Government must be approved by more than half of the total number of government members. In case of a tie vote, the decision follows the opinion of the Prime Minister.
Article 29. Invited Participants in Cabinet Meetings of the Government
1. The State President has the right to attend Cabinet meetings.
2. The Government invites the Chairman of the National Assembly's Ethnic Council to attend Cabinet meetings when discussing ethnic policies.
3. The Government invites the Chairman of the Vietnam Fatherland Front Central Committee and the heads of central organizations of political-social affairs to attend Cabinet meetings when discussing related issues.
Article 30. Operating Budget of the Government
The operating budget of the Government is determined by the National Assembly from the state budget.
Chapter V
IMPLEMENTING PROVISIONS
Article 31. Effective Date
1. This Law takes effect on March 1, 2025.
2. The Government Organization Law No. 76/2015/QH13, amended and supplemented by Laws No. 47/2019/QH14 and No. 20/2023/QH15, ceases to be effective from the date this Law takes effect.
Article 32. Transitional Provisions
1. Where laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly stipulate tasks and powers of the Government, the Prime Minister, Ministers, and Heads of Ministries that are inconsistent with the provisions of this Law, they must be adjusted to align with the provisions of this Law within two years from the date this Law takes effect.
2. During the period when laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly have not been amended and supplemented according to the time limit specified in Clause 1 of this Article, to ensure the resolution of authority delegation and decentralization in certain priority and urgent fields, the Government is authorized to issue regulatory legal documents to adjust some tasks, powers, and other relevant provisions concerning the implementation of the tasks and powers of the Prime Minister, Ministers, and Heads of Ministries currently stipulated in relevant articles, clauses, and points of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly for consistent application, and periodically report to the Standing Committee of the National Assembly; in cases related to laws and resolutions of the National Assembly, report to the National Assembly at the nearest session.
3. During the period when competent authorities have not issued regulatory legal documents to adjust the tasks and powers of the Government, the Prime Minister, Ministers, and Heads of Ministries in accordance with the provisions of this Law, the current legal provisions regarding the tasks and powers of the Government, the Prime Minister, Ministers, and Heads of Ministries shall continue to be implemented until the competent authorities issue regulatory legal documents to amend, supplement, or replace them.
This Law was adopted by the Ninth Extraordinary Session of the National Assembly of the Socialist Republic of Vietnam, the Fifteenth Term, on February 18, 2025.
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SPEAKER OF THE NATIONAL ASSEMBLY |
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