Decree No. 74/2012/ND-CP on the functions, tasks, powers, and organizational structure of the Government Office

DECREE

Regulations on functions, tasks, powers

and organizational structure of the Government Office

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

Pursuant to Decree No. 08/2012/NĐ-CP dated February 16, 2012 of the Government promulgating the Operational Regulations of the Government;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister, Head of the Government Office;

The Government promulgates the Decree stipulating the functions, tasks, powers, and organizational structure of the Office of the Government,

Article 1. Position and Functions

The Office of the Government is an agency at the level of a ministry, serving as the machinery to assist the Government and

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 Office of the Government performs the tasks and powers specified in Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and agencies at the level of a ministry, and the following specific tasks and powers:

1. Provide comprehensive advice and assist the Government:

a) To build and manage the program of work of the Government in accordance with the law;

b) To monitor and urge ministries, agencies at the level of a ministry, departments under the Government (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), relevant agencies and organizations to implement the program of work of the Government and the Operational Regulations of the Government;

c) To coordinate regularly with ministries and sectors, provincial People's Committees, relevant agencies and organizations during the preparation and completion of draft projects, programs, and draft regulatory legal documents of the Government for submission to the Government for consideration and decision in accordance with the law;

d) To review the procedures and processes for preparation and provide comprehensive advice on content; to give independent opinions on draft projects, programs, 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 relevant 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) To take the lead and coordinate with ministries and sectors, provincial People's Committees, and relevant agencies and organizations to prepare content and serve 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) To build and submit to the Prime Minister for approval, and assist the Prime Minister in urging the implementation of the annual, six-month, quarterly, monthly, and weekly work programs of the Prime Minister; to propose to the Prime Minister key tasks and priorities that need focused leadership and management of ministries and sectors, provincial People's Committees, and relevant agencies and organizations at different times;

b) To propose to the Prime Minister to assign ministries and sectors, provincial People's Committees, and relevant agencies and organizations to build mechanisms, policies, draft projects, programs, and draft legal documents for submission to the competent authority for decision;

c) To review the procedures and processes for preparation and provide comprehensive advice on content; to give independent opinions on draft projects, programs, draft legal documents, and reports according to the program of work of the Prime Minister and other tasks submitted by ministries and sectors, provincial People's Committees, and relevant agencies and organizations to the Prime Minister;

d) To take the lead and coordinate with ministries and sectors, provincial People's Committees, and relevant agencies and organizations to complete content, procedures, files, and draft documents for submission to the Prime Minister for consideration and decision regarding other regular tasks;

In cases where there are differing opinions on matters submitted, the Office of the Government may convene a meeting including representatives with authority from relevant ministries and agencies to unify opinions before submitting to the Prime Minister;

đ) To build draft projects, programs, and draft regulatory legal documents when assigned by the Prime Minister;

e) To take the lead in working with leaders of agencies, organizations, and individuals related to resolve issues within the Prime Minister's jurisdiction when ministries and sectors, provincial People's Committees have differing opinions, based on 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) To assist the Prime Minister in coordinating between the Government and Party agencies, the National Assembly, the President, the Central Committee of the Vietnam Fatherland Front, and central agencies of political-social organizations, the Supreme People's Court, and the Supreme People's Procuracy;

i) To assist the Prime Minister in inspecting the implementation of tasks within the Prime Minister's inspection jurisdiction concerning ministries and sectors, People's Councils, provincial People's Committees, and relevant agencies and organizations to report and propose to the Prime Minister necessary measures to urge implementation and ensure compliance with administrative discipline;

k) To request ministries and sectors, People's Councils, provincial People's Committees, and relevant agencies and organizations to report on the situation and results of implementing legal documents, directives, and management decisions of the Government and the Prime Minister when assigned by the Prime Minister or Deputy Prime Ministers;

l) To be able to request ministries and sectors, People's Councils, provincial People's Committees, and relevant agencies and organizations to provide materials, data, and related documents or attend meetings and work sessions to understand the situation and serve the Government and Prime Minister's leadership and management;

3. Ensure information:

a) To ensure information to serve the leadership, guidance, and management of the Government,

b) To implement regular and urgent reporting systems with

c) To provide and receive public information about major activities and important decisions of the Government,

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,

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. To organize the issuance and management of Government documents,

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 civil servants:

a) Civil servants of the Government Office must be individuals with good political qualities and morals, possessing high professional expertise, understanding the industry or field they are assigned to oversee; they shall be subject to incentive policies and benefits as prescribed by law.

b) The Government Office may propose decisions to transfer civil servants working in Ministries, sectors, agencies, and localities to work at the Government Office according to regulations stipulated by the Prime Minister.

Ministries, sectors, agencies, and localities have the responsibility to create conditions for 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 civil servants and officials of the Government Office and advisory 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

The Government Office has Departments, Bureaus, and units assisting the Minister and Director in performing their assigned functions, duties, and powers as follows:

1. Department for Monitoring Petitions, Complaints, and Anti-Corruption (referred to as Department I).

2. Internal Affairs Department (referred to as Department II).

3. Department for Coordination of Work between the Government and the National Assembly, the Central Committee of the Vietnam Fatherland Front, central bodies of people's organizations, and local governments (referred to as Department III).

4. General Synthesis Department;

5. Administrative Organization and Civil Service Affairs Department.

6. Legal Affairs Department.

7. International Relations Department.

8. Industry Economic Department.

9. Comprehensive Economic Department.

10. Science, Education, Culture and Society Department.

11. Enterprise Reform Department.

12. Secretariat and Editing Department.

13. Administrative Archival Department.

14. Organization and Cadres Department.

15. Planning and Finance Department.

16. The Administrative Department.

17. Administrative Management Bureau II.

18. Information Technology Center.

19. Government Electronic Portal.

Department for Monitoring Petitions, Complaints, and Anti-Corruption (with three divisions), Administrative Archival Department (with five divisions), Organization and Cadres Department (with three divisions), Planning and Finance Department (with two divisions).

The Minister and Director of the Government Office shall submit to the Prime Minister for issuance of a decision detailing the functions, duties, powers, organizational structure of the Government Electronic Portal, and the list of affiliated public service units under the Government Office.

Article 4. Effective date

This Decree takes effect from November 19, 2012; it replaces Decree No. 33/2008/NĐ-CP dated March 19, 2008, which stipulates the functions, duties, powers, and organizational structure of the Government Office; and abolishes previous provisions that conflict with this Decree.

Article 5. Transitional Provisions

The Government Electronic Portal continues to operate according to current regulations until the Minister and Director of the Government Office submits to the Prime Minister for issuance of a decision on the functions, duties, powers, and organizational structure of the Government Electronic Portal.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree.