Law on Government Organization No. 76/2015/QH13 stipulates the position, functions, tasks, and powers of the Government, Prime Minister, Ministers, and organizational structure. This Law takes effect from January 1, 2016.
Đối tượng áp dụng
The Government, Prime Minister, Ministers, Deputy Prime Ministers, members of the Government, ministries at the same level, and agencies under the Government.
Các điểm cốt lõi
- 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 State President and serves as the head of the Government.
- Ministers and heads of ministries at the same level have the authority to issue regulatory legal documents, decide issues within their assigned sectors and fields.
- The Government has the duty to formulate policies, manage the economy, natural resources and environment, education, health, and implement social policies.
- The Prime Minister has the authority to issue legal documents within his jurisdiction to fulfill his duties.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Building a more effective administrative system through clearly defined tasks and powers among Government members.
- Negative impact: May cause administrative burden due to the requirement to comply with many legal regulations.
- Benefit: Citizens and businesses will benefit from improved quality of state management and enhanced enforcement of laws.
❓ Câu hỏi thường gặp
What authorities does the Prime Minister have?
The Prime Minister leads the work of the Government; leads the development of policy and the implementation of law; prevents bureaucracy, corruption, and waste. At the same time, the Prime Minister is responsible to the National Assembly for the activities of the Government.
What authorities do Ministers have?
Ministers are the heads of ministries and lead the work of their ministries. They are responsible for state administration in their assigned sectors and fields; organize the implementation and monitor the enforcement of laws related to their sectors and fields nationwide.
What are the tasks of the Government?
The Government has the duty to formulate policies, manage the economy, natural resources and environment, education, health, and implement social policies. They must also report on the work of the Government to the National Assembly twice a year.
Can the Prime Minister issue legal documents?
Yes, the Prime Minister has the authority to issue legal documents within his jurisdiction to fulfill his duties. He may also sign documents and issue decisions and directives on behalf of the Government.
What does the Government stipulate regarding decentralization of management?
The Government is responsible for decentralizing and delegating power to local authorities as prescribed in laws and resolutions of the National Assembly. They may also delegate some tasks to local authorities with conditions ensuring the fulfillment of those tasks.
Toàn văn
LAW
ORGANIZATION OF THE GOVERNMENT
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On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Government Organization Law.
PART I
GENERAL PROVISIONS
Article 1. Position and Functions of the Government
The Government is the highest administrative state agency of the Socialist Republic of Vietnam, exercising executive power, and is the implementing body of the National Assembly.
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 ministerial-level agencies. The structure and number of Government members are proposed by the Prime Minister for the National Assembly's decision.
2. The organizational structure of the Government includes ministries and ministerial-level agencies.
The establishment and abolition of ministries and ministerial-level agencies are proposed by the Government for the National Assembly's decision.
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. Clearly define the tasks, powers, and responsibilities between the Government, the Prime Minister, and Ministers and Heads of ministerial-level agencies; emphasize the personal responsibility of the heads.
3. Organize an efficient, dynamic, effective administrative apparatus; ensure the principle that lower-level agencies comply with the leadership, guidance, and strict implementation of decisions made by higher-level agencies.
4. Reasonably decentralize and delegate authority between the Government and local authorities, ensuring the unified management of the Government and promoting the initiative, creativity, and self-responsibility of local authorities.
5. Ensure transparency and modernize the activities of the Government, ministries, ministerial-level agencies, and all levels of administrative state agencies; guarantee a unified, smooth, continuous, democratic, modern administrative system serving the people and subject to their oversight and supervision.
Chapter II
TASKS AND POWERS OF THE GOVERNMENT
Article 6. Tasks and powers of the Government in organizing the implementation of the Constitution and laws
1. Timely and fully promulgate legal documents to implement the Constitution, laws, resolutions of the National Assembly, decrees, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President, and to fulfill assigned tasks and powers; ensure the constitutionality, legality, and consistency of legal normative documents issued by the Government, the Prime Minister, Ministers, Heads of ministerial-level agencies, and local authorities; inspect the enforcement of these documents and handle those that violate the Constitution and laws.
2. Decide on measures to organize the implementation of the Constitution, laws, resolutions of the National Assembly, decrees, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the Standing Committee of the National Assembly, and orders and decisions of the President; direct the implementation and inspection of the execution of resolutions, decrees, and government work programs.
3. Lead and guide the dissemination, popularization, and education on the Constitution and laws; ensure material conditions, human resources, and other resources for the implementation of the Constitution and laws; unify the management of administrative judicial affairs, judicial support, state compensation, and enforcement of judgments.
4. Summarize and evaluate the situation of the implementation of the Constitution and laws and report to the National Assembly, the Standing Committee of the National Assembly, and the President as prescribed by law.
Article 7. Tasks and powers of the Government in policy formulation and submission of draft laws and ordinances
1. Proposing and developing strategies, plans, policies, and other programs and projects for consideration and decision by the National Assembly and the Standing Committee of the National Assembly.
2. Deciding on strategies, plans, policies, and other programs and projects within its authority.
3. Drafting bills and resolutions to be submitted to the National Assembly, and drafting ordinances and resolutions to be submitted to the Standing Committee of the National Assembly.
4. Reporting 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 8. Tasks and powers of the Government in economic management and development
1. Uniformly managing the national economy, promoting the development of a socialist-oriented market economy; ensuring macroeconomic stability and major balances in the economy; consolidating and developing state-owned enterprises; promoting regional economic linkages; leveraging the potential of various economic sectors and social resources to develop the national economy rapidly and sustainably.
2. Building and implementing the institutional framework of a socialist-oriented market economy, creating an equal, competitive, and cooperative environment among subjects from different economic sectors; establishing and developing complete and synchronized market elements and ensuring effective operation of various types of markets.
3. Establishing goals, indicators, policies, and basic tasks for socio-economic development of the country to be submitted to the National Assembly; deciding specific policies on national finance, monetary affairs, wages, and prices. Deciding, directing, and organizing the implementation of strategies, plans, and programs for socio-economic development.
4. Submitting the state budget estimate and annual central budget allocation plan to the National Assembly; settling the state budget, settling important national programs and projects decided by the National Assembly on investment policies; organizing and managing the state budget according to the National Assembly's resolution. Reporting to the National Assembly on the state financial situation, fiscal risks associated with the need to ensure the sustainability of the budget and public debt safety.
5. Deciding specific policies to implement industrialization, modernization, and international economic integration, developing agriculture and building new rural areas.
6. Performing the function of representing the owner of state assets under全民所有的国有资产的所有者职能,执行关于国家在国有企业中的资本部分的所有者职能,根据法律规定。统一管理和有效使用国家资源;统一管理国家预算和其他国有资产的使用,并在国家机关中执行法律规定的财政制度;实施节约和反对浪费的政策。
7. Uniformly managing activities related to international economic integration based on leveraging the internal strength of the country, developing forms of economic cooperation with countries, regions, and international organizations on the principle of respecting independence, sovereignty, mutual benefit, supporting and promoting domestic production. Deciding specific policies to encourage businesses from all economic sectors. Actively and proactively integrating into the international economy; encouraging foreign investment and creating favorable conditions for overseas Vietnamese to invest in the country.
8. Directing, organizing, and managing the implementation of state accounting and statistical work.
Article 9. Tasks and powers of the Government in managing natural resources, environment, and responding to climate change
1. Uniformly manage state affairs on natural resources, environment, and responding to climate change; organize planning, plans, and policy development for environmental protection, improvement, and enhancement; proactively prevent and combat natural disasters and respond to climate change.
2. Manage and use natural resources effectively while protecting the environment; conserve nature and biodiversity; develop clean energy, clean production, and clean consumption; develop environmental services and waste management.
3. Uniformly manage and enhance the quality of research, meteorological and hydrological forecasting, climate change, and environmental impact assessment activities to proactively implement effective measures for preventing and combating natural disasters and responding to climate change.
4. Decide specific policies on environmental protection, improvement, and maintenance; focus on resolving environmental degradation in key areas; control pollution, rescue, and mitigate environmental incidents.
5. Implement policies on the protection, rehabilitation, regeneration, and rational use of natural resources.
Article 10. Tasks and powers of the Government in managing science and technology
1. Uniformly manage state affairs and develop scientific and technological activities, standards, measurements, product quality, intellectual property rights, and technology transfer.
2. Direct the implementation of policies and plans for developing science and technology; effectively apply scientific and technological achievements.
3. Decide specific policies on science and technology to develop the science and technology market.
4. Mobilize social resources to develop science and technology, diversify and effectively utilize investment sources for science and technology development; prioritize investment in modern science and technology, high-tech, basic science; focus on fields of technology where Vietnam has strengths.
5. Establish mechanisms and policies so that everyone can participate and benefit from scientific and technological activities.
Article 11. Tasks and powers of the Government in education and training
1. Uniformly manage state affairs in the national education system.
2. Decide specific policies on education to ensure educational development aligns with socio-economic requirements; prioritize investment, encourage resource mobilization for education and training development, raise public awareness, train human resources, attract, nurture, and value talent.
3. Develop mechanisms and policies to leverage social resources for education and training development; create conditions for building a learning society.
4. Prioritize education development in mountainous, island, ethnic minority, and particularly difficult socio-economic regions; create conditions for people with disabilities and the poor to access cultural and vocational education.
Article 12. Tasks and powers of the Government in managing culture, sports, and tourism
1. Uniformly manage state affairs and develop culture, sports, and tourism.
2. Decide specific policies to build a progressive Vietnamese culture rich in national identity, unified in the diversity of the Vietnamese ethnic community, with distinctive ethnic, humanitarian, democratic, and scientific characteristics; protect and promote cultural heritage values; encourage the development of creative cultural and artistic talents.
3. Decide specific policies to develop physical education and sports; prioritize investment and mobilize social resources for professional and high-performance sports development.
4. Establish mechanisms and policies to develop tourism; improve the quality of domestic tourism activities and international tourism development.
Article 13. Tasks and powers of the Government in managing information and communication
1. Uniformly manage state administration and develop information and communication activities.
2. Develop policies and measures for the development, management, and ensure security and safety of information and communication systems; apply information and communication science and technology to economic and social development.
3. Build and develop an electronic government, ensuring necessary conditions to promote the application of information technology in state administrative activities, providing information to citizens as prescribed by law.
4. Decide and direct the implementation of effective measures to prevent the dissemination of harmful thoughts and cultural products; false and misleading information that harms national interests, destroys the good character, morality, and lifestyle of Vietnamese people.
Article 14. Tasks and powers of the Government in managing healthcare, health care for the people, and population
1. Uniformly manage state administration on healthcare, health care for the people, and population.
2. Invest in developing high-quality healthcare human resources; develop Vietnam's healthcare system towards combining preventive healthcare and medical treatment, integrating modern medicine with traditional medicine; develop the pharmaceutical industry towards modernization, supplying sufficient medicines and medical equipment to meet the increasing health care needs of the people.
3. Create a sustainable health finance source to protect and care for the people's health based on implementing universal health insurance.
4. Develop health care policies for the people to be submitted to the National Assembly for decision or decide within its authority to implement preferential health care policies for ethnic minority groups, mountainous areas, islands, and regions with particularly difficult socio-economic conditions.
5. Uniformly manage and implement population and family planning policies. Maintain reasonable population size and structure, improve population quality, and distribute population in accordance with economic and social development needs and urban development requirements nationwide.
Article 15. Tasks and powers of the Government in implementing social policies
1. Uniformly manage state administration on the implementation of social policies.
2. Decide specific policies aimed at developing human resources; vocational guidance, job creation, improving working conditions; increasing labor productivity; protecting the legitimate rights and interests of workers and employers; creating conditions for building progressive, harmonious, and stable labor relations.
3. Implement policies to honor, reward, and provide preferential treatment to those who have rendered meritorious service to the country and their families. Develop the social welfare system; direct the implementation of poverty reduction programs; implement social assistance, with policies for the elderly, disabled, poor, and disadvantaged people; have housing development policies, creating conditions for everyone to have accommodation.
4. Direct and organize the implementation of policies to build an equal, prosperous, and happy Vietnamese family; ensure gender equality in politics, economy, culture, society, and family; protect and care for women's and children's health; take measures to prevent and combat all forms of violence and infringement of dignity against women and children.
5. Organize and create conditions for young people and teenagers to study, work, and entertain, develop physical and intellectual abilities, cultivate moral education, national traditions, civic awareness, and promote the capabilities of young people in creative labor to build and defend the country.
6. Organize the implementation of measures to prevent and combat social evils.
Article 16. Tasks and powers of the Government in ethnic affairs
1. Building and submitting to the National Assembly for decision on the State's ethnic policy.
2. Deciding specific policies to ensure the implementation of equality among ethnic groups, unity, respect, and mutual assistance for common development; strictly prohibiting all acts of discrimination and division among ethnic groups; implementing social equity among ethnic groups, the right to use languages and scripts of ethnic groups; preserving ethnic identity, promoting customs, traditions, and fine cultural values of ethnic groups.
3. Deciding specific policies and preferential measures for comprehensive development, creating conditions for ethnic minority groups to leverage their internal strength, developing together with the country; building infrastructure, implementing economic and social development programs and projects, gradually improving the material and spiritual life of ethnic minorities.
4. Implementing planning and training, capacity building, and utilization of ethnic minority personnel.
Article 17. Tasks and powers of the Government in religious affairs
1. Building and submitting to the National Assembly for decision on the State's religious policy.
2. Managing and organizing the implementation of religious policy, ensuring citizens' freedom of belief and religion, including the right to follow or not follow any religion.
3. Ensuring equality among religions before the law; combating all acts that infringe upon freedom of belief and religion or take advantage of belief and religion to violate the law.
Article 18. Tasks and powers of the Government in national defense management
1. Unifying state management over national defense.
2. Implementing policies and laws to build the People's Army as revolutionary, regular, elite, modernizing step by step, with a reasonable standing force, a powerful and extensive reserve force, a strong and widespread self-defense militia, serving as the core in fulfilling national defense tasks and international obligations.
3. Organizing national defense and security education for the entire population, consolidating and strengthening the people's national defense foundation, building a people's national defense posture integrated with a people's security posture, combining economy with national defense and security. Organizing the implementation of measures to protect independence, sovereignty, unity, territorial integrity of the country, contributing to maintaining peace in the region and worldwide.
4. Organizing the implementation of general mobilization orders or partial mobilization orders, emergency situation declarations, and necessary measures to protect the country, safeguarding the lives and property of the people.
5. Developing national defense and security industries, ensuring equipment for the people's armed forces, implementing preferential policies, ensuring the material and spiritual life of cadres, soldiers, workers, and civil servants in the defense sector, and military rear support policies.
Article 19. Tasks and powers of the Government in cryptologic management
1. Unifying state management over cryptology.
2. Implementing policies and laws to build a regular, modern cryptologic force, organized uniformly and tightly, meeting the requirements for protecting state secrets.
4. Implementing preferential policies, ensuring the material and spiritual life of those working in cryptologic affairs.
Article 20. Tasks and powers of the Government in managing national security, public order, and social safety
1. Uniformly manage state administration over national security, public order, and social safety.
2. Implement policies and laws to build a revolutionary, regular, elite People's Public Security force, gradually modernized, serving as the core in carrying out tasks to protect national security and ensure public order and social safety, and combat crime.
3. Organize the implementation of policies and laws to build a people's security foundation, a nationwide movement for protecting national security, maintaining political stability, preventing and combating various types of crimes and violations of law, and ensuring public order and social safety.
4. Implement preferential policies to ensure the material and spiritual life and policies for public security officers and workers.
Article 21. Tasks and powers of the Government in protecting the rights and interests of the State and society, human rights, and citizens' rights
1. Build and submit to the National Assembly, the Standing Committee of the National Assembly,
2. Decide on specific measures to protect the rights and interests of the State and society, human rights, and citizens' rights.
3. Create conditions for citizens to exercise their rights and fulfill their obligations as prescribed by the Constitution and laws.
Article 22. Tasks and powers of the Government in foreign affairs and international integration
1. Uniformly manage state administration over foreign affairs and international integration; build and submit to the National Assembly for decision on basic foreign policy.
2. Organize the implementation of an independent, autonomous, peaceful, friendly, cooperative, and developmental foreign policy; diversify and multilateralize relations, actively and positively integrate and cooperate internationally based on respecting independence, sovereignty, and territorial integrity, non-interference in internal affairs, equality, and mutual benefit; decide on guidelines and measures to strengthen and expand relations with foreign countries and international organizations; protect independence, sovereignty, territorial integrity, and national interests, and enhance Vietnam's position on the international stage.
3. Submit to the National Assembly, the President for consideration and decision on ratification, accession, or termination of effect of international treaties within the jurisdiction of the National Assembly and the President. Organize negotiations and signing of international treaties on behalf of the State according to the authorization of the President. Decide on signing, accession, approval, or termination of effect of international treaties on behalf of the Government.
4. Decide and direct the implementation of specific policies on economic cooperation, science and technology, education and training, culture, and other fields with countries, regions, and international organizations; develop and strengthen external information work.
5. Submit to the National Defense and Security Council for decision on the participation of the people's armed forces in activities contributing to peace in the region and globally.
6. Organize and direct the activities of state agencies abroad and at international organizations; protect legitimate interests of organizations and Vietnamese citizens, 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.
7. Decide specific policies aimed at encouraging overseas Vietnamese to unite communities, preserve cultural identity and fine traditions of the Vietnamese nation, maintain close ties with families and hometowns, and contribute to building their hometowns and the country.
Article 23. Tasks and powers of the Government in managing state administrative organization, civil service system, cadres, civil servants, public officials, and commendation and reward work
1. Uniformly manage the state administrative organization, civil service system, civil servants, and public officials.
2. Submit to the National Assembly for decision on the organizational structure of the Government; establish, abolish ministries and ministerial-level agencies; establish, dissolve, merge, divide, adjust the administrative boundaries of provinces and centrally-administered cities (hereinafter referred to collectively as provincial level), special administrative-economic units; submit to the Standing Committee of the National Assembly for decision on establishing, dissolving, merging, dividing, adjusting the administrative boundaries of administrative units below the provincial level.
3. Decide on the establishment, merger, dissolution of agencies under the Government; define functions, tasks, powers, organizational structures of ministries, ministerial-level agencies, agencies under the Government; define the organization of specialized agencies under the People's Committees at the provincial, district, town, and city levels under provinces, centrally-administered cities (hereinafter referred to collectively as district level).
4. Uniformly manage the state regarding cadres, civil servants, public officials, and civil service within state agencies and public institutions; manage the staffing quota of civil servants and the number of personnel working in state administrative agencies and public institutions from central to local levels.
5. Uniformly manage the state and organize the implementation of salary systems, allowances, and other policies for cadres, civil servants, and public officials in state agencies from central to local levels.
6. Direct the implementation of administrative reform, civil service reform, and civil servant reform; ensure the implementation of a unified, smooth, continuous, democratic, clean, professional, modern, effective, and efficient administrative system serving the people and subject to people's inspection and supervision.
7. Uniformly manage the state regarding the organization and operation of associations and non-governmental organizations.
8. Uniformly manage the state regarding commendation and reward work.
Article 24. Tasks and powers of the Government concerning inspection, supervision, reception of citizens, handling complaints and denunciations, prevention and combating bureaucracy, corruption, and waste
1. Uniformly manage the state regarding inspection, supervision, reception of citizens, handling complaints and denunciations, prevention and combating bureaucracy, corruption, and waste within the state apparatus.
2. Direct the implementation of prevention and combating bureaucracy, corruption, and waste within the activities of the state apparatus and economic-social activities.
3. Inspect the implementation of prevention and combating bureaucracy, corruption, and waste.
Article 25. Tasks and powers of the Government concerning local administration
1. Implement decentralization and delegation of authority to local administrations according to laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly.
Based on ensuring centralized management, the Government decentralizes authority to local administrations to decide or implement certain state management tasks within their jurisdiction, in accordance with the conditions and capabilities of local administrations.
Depending on the capacity and specific conditions of local administrations, the Government may delegate certain tasks to local administrations with conditions ensuring the performance of those tasks.
2. Guide and inspect the People's Councils in implementing the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees and decisions 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.
3. Lead, direct, guide, inspect, and supervise the activities of People's Committees at all levels.
4. Resolve proposals of the People's Councils, People's Committees, and voters.
5. Define the systems and policies for positions in the People's Councils and People's Committees at all levels.
Article 26. Relations between the Government and the Central Committee of the Vietnam Fatherland Front and 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, draft resolutions to be submitted to the National Assembly, draft ordinances, draft resolutions to be submitted to the Standing Committee of the National Assembly, and draft decrees of the Government, the Government shall send the draft documents for comments from the Central Committee of the Vietnam Fatherland Front and the central agencies of related political-social organizations.
4. The Government regularly informs the Central Committee of the Vietnam Fatherland Front and the central agencies of political-social organizations about the socio-economic situation and important decisions and policies of the Government that affect various strata of the people.
5. The Government creates favorable conditions for the Central Committee of the Vietnam Fatherland Front and the 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 the people's administration, implement the policies and laws of the State, 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.
Article 27. Responsibilities of the Government
1. The Government is responsible before the National Assembly for the performance of its duties and powers; for the results, effectiveness, and efficiency of management and operation of the state administrative machinery; for the policies and measures proposed by itself to competent state agencies.
2. The Government reports on the work of the Government to the National Assembly, the Standing Committee of the National Assembly, the Standing Committee of the National Assembly, and the President twice a year.
The Government reports on urgent matters at the request of the National Assembly, the Standing Committee of the National Assembly, and the President.
Chapter III
DUTIES AND POWERS OF THE PRIME MINISTER
Article 28. Duties and Powers of the Prime Minister
1. Lead the work of the Government; lead the development of policies and the implementation of laws; prevent and combat bureaucracy, corruption, and waste:
a) Lead and direct the development of draft laws, ordinances, and draft resolutions to be submitted to the National Assembly and the Standing Committee of the National Assembly;
b) Lead and direct the development of legal documents and strategies, plans, policies, and other projects within the Government's decision-making authority;
c) Direct, coordinate, and harmonize the activities of Government members; decide issues when there are differing opinions among Ministers and heads of ministerial-level agencies;
d) Lead the implementation of anti-bureaucracy, anti-corruption, and anti-waste measures in state machinery operations and economic and social activities;
đ) Lead and direct provincial People's Committee Chairpersons to implement legal provisions and programs, plans, and strategies of the Government in economic, cultural, social, and national defense and security areas;
e) Lead, direct, inspect, and handle violations during the implementation of the Constitution and laws throughout the country;
2. Lead and be responsible for the operation of the state administrative system from central to local levels, ensuring the unity, continuity, and smooth functioning of the national administrative system:
a) Manage and operate the state administrative system from central to local levels in serving the people and implementing economic, cultural, and social development tasks and strengthening national defense and security;
b) Direct and unify the management of civil servants and officials in the state administrative system from central to local levels;
c) Lead, direct, and organize inspections of the performance of civil servants' duties in the state administrative system;
d) Lead, direct, and inspect the management of civil servants and officials in the state administrative system from central to local levels;
đ) Decide on the delegation of management of civil servants and officials in state administrative agencies;
e) Lead, direct, manage, and operate all material resources, finances, and state budget sources to serve the operation of the state machinery;
g) Delegate authority to Deputy Prime Ministers or Ministers and heads of ministerial-level agencies to perform one or more tasks within the Prime Minister's authority;
h) Lead, direct, and inspect administrative reform and civil service system reform in the state administrative system from central to local levels;
i) Lead, direct, and inspect the activities of Ministers, heads of ministerial-level agencies, local authorities, and heads of units in the state administrative system from central to local levels.
3. Submit to the National Assembly for approval the nomination, dismissal, or removal of Deputy Prime Ministers, Ministers, and other members of the Government; during periods when the National Assembly is not in session, submit to the President for decision the temporary suspension of the work of Deputy Prime Ministers, Ministers, and other members of the Government.
4. Submit to the Standing Committee of the National Assembly for approval the appointment, dismissal, or removal of Ambassadors Extraordinary and Plenipotentiary of the Socialist Republic of Vietnam.
5. During periods when the National Assembly is not in session, decide to delegate the powers of Ministers and heads of ministerial-level agencies based on the proposal of the Minister of Home Affairs in cases where there is a vacancy in these positions. Between two sessions of the Provincial People's Council, decide to delegate the powers of the Provincial People's Committee Chairman based on the proposal of the Minister of Home Affairs in cases where there is a vacancy in this position.
6. Decide on the appointment, dismissal, removal, or resignation of Deputy Ministers and equivalent positions in ministries and ministerial-level agencies; decide on the appointment, dismissal, or removal of heads and deputy heads of government agencies.
7. Approve the election, dismissal, and decision to transfer, suspend, or remove the positions of Chairpersons and Deputy Chairpersons of Provincial People's Committees. Require the Chairperson of a Provincial People's Committee to suspend or remove the positions of Chairpersons and Deputy Chairpersons of subordinate committees when they fail to complete assigned tasks or violate the law.
8. Suspend the implementation or revoke documents issued by the Minister, Head of a ministerial-level agency, People's Committee, or Chairman of the Provincial People's Committee that contravene the Constitution, laws, and documents of higher state agencies; suspend the implementation of provincial People's Council resolutions that contravene the Constitution, laws, and documents of higher state agencies, and simultaneously propose to the National Assembly Standing Committee to revoke them.
9. Decide and direct negotiations, direct signing, joining international treaties within the tasks and powers of the Government; organize the implementation of international treaties to which the Socialist Republic of Vietnam is a member.
10. Decide on criteria and conditions for establishing or dissolving special and sectoral agencies under the provincial and district People's Committees. Decide on the establishment of other agencies and organizations under the provincial People's Committee; decide on the establishment of councils, committees, or boards when necessary to assist the Prime Minister in researching, directing, and coordinating the resolution of important cross-sector issues.
11. Convene and preside over sessions of the Government.
Article 29. Responsibilities of the Prime Minister
1. Be responsible to the National Assembly for the activities of the Government and the administrative 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; explain and answer questions before the National Assembly and the National Assembly Standing Committee; in case of absence, 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;
Article 30. Authority to issue legal documents
1. The Prime Minister issues legal documents within his authority to implement his tasks and powers; monitor the enforcement of such documents and handle documents that contravene the Constitution and laws.
2. The Prime Minister signs on behalf of the Government all Government documents; issue decisions, directives, and guidelines; monitor the enforcement of such documents within the national administrative system from central to local levels.
Article 31. Deputy Prime Ministers
1. Deputy Prime Ministers assist the Prime Minister in performing tasks according to the Prime Minister’s assignment and are responsible to the Prime Minister for the assigned tasks.
2. When the Prime Minister is absent, a Deputy Prime Minister authorized by the Prime Minister leads the work of the Government on behalf of the Prime Minister.
Chapter IV
TASKS AND POWERS OF THE MINISTER AND HEAD OF A MINISTERIAL-LEVEL AGENCY
Article 32. Minister and Head of a Ministerial-Level Agency
The Minister and Head of a Ministerial-Level Agency are members of the Government and heads of their respective ministries or ministerial-level agencies, leading the work of their ministries or agencies; are responsible for state management in their assigned sectors or fields; organize the enforcement and oversee the implementation of laws related to their sectors or fields nationwide.
Article 33. Tasks and Powers of the Minister and Head of a Ministerial-Level Agency as Members of the Government
1. Participate in resolving common matters of the Government collective; jointly with the Government collective decide and share responsibility for matters within the Government's jurisdiction.
2. Propose policies, mechanisms, and legal documents required within the Government's and Prime Minister's jurisdiction to the Government and Prime Minister; proactively work with the Prime Minister and Deputy Prime Ministers on Government affairs and related matters; be responsible for the entire content and progress of presenting projects, plans, legal documents assigned.
3. Attend Government sessions and participate in voting at Government sessions.
4. Carry out specific tasks in their assigned sectors or fields or as delegated by the Government and Prime Minister. Direct, guide, and monitor the enforcement of laws, the implementation of strategies, plans, programs, and Government and Prime Minister decisions concerning their assigned sectors or fields.
5. Perform other tasks delegated by the Prime Minister.
Article 34. Tasks and Authorities of the Minister, Head of an Equivalent Ministry as the Head of the Ministry or Equivalent Ministry
1. Lead, direct and bear personal responsibility for all aspects of work of the ministry or equivalent ministry; direct subordinate units to organize the implementation of strategies, plans, programs, projects that have been approved, and tasks assigned by the Government.
2. Decide within their authority or submit to the Government, Prime Minister issues pertaining to the functions, tasks, and authorities of the ministry or equivalent ministry under their leadership.
3. Propose the Prime Minister on the appointment, removal, dismissal, resignation of Deputy Ministers or Deputy Heads of Equivalent Ministries.
4. Issue legal normative documents within their authority to perform state management functions over the sector or field assigned; issue or submit to the Government, Prime Minister for issuance policies for developing the assigned sector or field.
5. Implement recruitment, appointment, removal, dismissal, transfer, rotation, evaluation, planning, training, rewarding, disciplining civil servants and public officials, and implement hierarchical management of civil servants and public officials for subordinate organizations and units according to the provisions of the law.
6. Decide on decentralization to local authorities to carry out certain tasks related to the assigned sector or field within the territorial scope; decentralize and delegate authority to subordinate organizations and units.
7. Decide on scientific research programs, technological application programs, advanced science and technology standards, procedures, regulations, and economic-technical norms within their authority.
8. Decide on the establishment of inter-sectoral coordination organizations, public service organizations according to the provisions of the law.
9. Appoint, remove, dismiss, accept resignation, reward, and discipline heads and deputy heads of subordinate organizations and units.
10. Lead and direct inspection and supervision of the implementation of legal provisions concerning the sector or field nationwide.
11. Manage and organize the effective use of office space, assets, working equipment, and state financial resources allocated; decide on measures to prevent corruption, promote thrift, combat waste, and manifestations of bureaucracy, arrogance, and abuse of power within the assigned sector or field.
12. Lead and direct the implementation of administrative reform, civil service system reform within the sector or field under the national management responsibility of the ministry or equivalent ministry.
13. Proactively closely coordinate with Party agencies, the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee, and central agencies of political-social organizations; explain matters of concern to the National Ethnic Council and the National Assembly Committees; respond to questions from National Assembly deputies, voters' petitions, and petitions from the Vietnam Fatherland Front and political-social organizations regarding matters within their management responsibility.
14. Performing other tasks assigned by the Government and the Prime Minister.
Article 35. Duties and Authorities of Ministers and Heads of Ministries Equivalent to Ministries in Relation to Other Ministries, Ministries Equivalent to Ministries, and Government Agencies
1. Ministers and Heads of Ministries Equivalent to Ministries shall guide and supervise, and coordinate with other ministries, ministries equivalent to ministries, and government agencies in performing tasks and duties assigned within their respective sectors and fields.
2. Ministers and Heads of Ministries Equivalent to Ministries have the right to propose to other ministers and heads of ministries equivalent to ministries to suspend the implementation or revoke regulations issued by those agencies that contravene the Constitution, laws, and higher-level state agency documents, or regulations concerning the sectors and fields under the responsibility of their own ministry or ministry equivalent to a ministry. In case the proposal is not accepted, it shall be reported to the Prime Minister for decision.
Article 36. Duties and Authorities of Ministers and Heads of Ministries Equivalent to Ministries in Relation to Local Authorities
1. Direct, guide, and supervise People's Committees at all levels in implementing tasks and duties assigned to them or delegated by the Government and the Prime Minister.
2. Propose to the Prime Minister to suspend the implementation of resolutions of Provincial People's Councils that contravene the Constitution, laws, and higher-level state agency documents regarding the sectors and fields under their management responsibility.
Request the People's Committee and Chairman of the People's Committee at the provincial level to suspend the implementation or revoke local regulations issued by them that contravene the regulations concerning the sectors and fields assigned to them. If they do not comply, report to the Prime Minister for decision.
Article 37. Responsibilities of Ministers and Heads of Ministries Equivalent to Ministries
1. Personally responsible before the Prime Minister, the Government, and the National Assembly for the sectors and fields assigned to them; for the results, effectiveness, and efficiency of the operations of their ministry or ministry equivalent to a ministry; for decisions and the outcomes of implementing such decisions within their scope of duties and authorities; and collectively responsible with other members of the Government for the activities of the Government.
2. Report on work before the Government and the Prime Minister; explain and answer questions before the National Assembly and the Standing Committee of the National Assembly.
3. Implement reporting to the people on important issues within their management responsibilities.
Article 38. Deputy Ministers and Deputy Heads of Ministries Equivalent to Ministries
1. Deputy Ministers and Deputy Heads of Ministries Equivalent to Ministries assist Ministers and Heads of Ministries Equivalent to Ministries in carrying out tasks assigned by them and are responsible to Ministers and Heads of Ministries Equivalent to Ministries for the tasks assigned to them.
2. The number of Deputy Ministers and Deputy Heads of Ministries Equivalent to Ministries shall not exceed five; for the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs, it shall not exceed six. In cases of merger of ministries or ministries equivalent to ministries or due to the need for staff rotation by authorized agencies, the Prime Minister shall submit to the Standing Committee of the National Assembly for consideration and decision.
Chapter V
MINISTRIES, MINISTRIES EQUIVALENT TO MINISTRIES, AND GOVERNMENT AGENCIES
Article 39. Ministries and Ministries Equivalent to Ministries
1. Ministries and Ministries Equivalent to Ministries are governmental agencies responsible for state administration over one or several sectors and fields and public services within those sectors and fields throughout the country.
2. The Government shall specify in detail the functions, duties, authorities, and organizational structure of each ministry and ministry equivalent to a ministry.
Article 40. Organizational Structure of Ministries and Ministerial-Level Agencies
1. The organizational structure of ministries and ministerial-level agencies includes departments, offices, inspection bodies, bureaus, general bureaus, and public service units.
2. Departments, offices, inspection bodies, bureaus, and public service units have heads. The number of deputy heads for department, office, inspection body, bureau, and public service unit heads shall not exceed three; the number of deputy heads for general bureau heads shall not exceed four.
3. The establishment of units as prescribed in Clause 1 of this Article shall be decided by the Government based on the nature, scope of management, functions, tasks, and authorities of each ministry and ministerial-level agency.
Article 41. Office of the Government
1. The Office of the Government is the machinery that assists the Government and the Prime Minister, with the function of providing comprehensive advice and assistance to the Government and the Prime Minister in performing their tasks and authorities as stipulated by the Government.
Article 42. Agencies under the Government
2. The Office of the Government is headed by the Minister and Director of the Office of the Government.
1. Agencies under the Government are agencies established by the Government.
2. Heads of agencies under the Government perform their tasks and authorities as prescribed by the Government; they are responsible to the Government and the Prime Minister for the tasks and authorities assigned to them.
Article 43. Working System of the Government and Each Member of the Government
3. The Government shall provide detailed regulations on this Article.
Chapter VI
WORKING REGIME OF THE GOVERNMENT
The working system of the Government and each member of the Government is implemented by combining the powers and responsibilities of the collective Government with the individual powers and responsibilities of the Prime Minister and each member of the Government.
The Government operates collectively and decides by majority vote.
The Government promulgates its working regulations.
Article 44. Forms of Operation of the Government
1. The Government convenes regular meetings once a month or extraordinary meetings as decided by the Prime Minister, upon request of the President or at least one-third of the total number of members of the Government.
3. The Government convenes meetings upon request of the President to discuss issues deemed necessary by the President to fulfill his duties and authorities.
2. In cases where the Government does not convene a meeting, the Prime Minister shall decide to seek opinions from Government members in writing.
Article 45. Responsibility to Attend Meetings of Members of the Government
1. Members of the Government are responsible for attending meetings of the Government. If absent from a meeting or part of a meeting, they must be informed.
Article 46. Meetings of the Government
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.
2. The content of Government meetings is proposed by the Prime Minister and notified to all members 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.
3. Decisions of the Government must be approved by more than half of the total number of members of the Government. In case of equal votes, the decision follows the opinion of the Prime Minister's vote.
Article 47. Invited Participants in Government Meetings
1. The President has the right to attend Government meetings.
2. The Government invites the Chairman of the National Assembly's Ethnic Council to attend Government meetings when discussing the implementation of ethnic policies. When issuing regulations on implementing ethnic policies, the Government must seek the opinions of the Ethnic Council.
3. The Government invites the Chairman of the Vietnam Fatherland Front Central Committee and the heads of central agencies of political-social organizations to attend Government meetings when discussing related issues.
3. The Government invites the Chairman of the Central Committee of the Vietnam Fatherland Front and the heads of central agencies of political-social organizations to attend sessions of the Government when discussing issues related thereto.
Article 48. Operating expenses of the Government
The operating budget of the Government is determined by the National Assembly from the state budget.
Chapter VII
IMPLEMENTING PROVISIONS
Article 49. Effective Date
This Law takes effect from January 1, 2016.
The Government Organization Law No. 32/2001/QH10 ceases to be effective from the date this Law comes into force.
Article 50. Detailed regulations
The Government shall provide detailed regulations for the Articles and Clauses assigned in this Law.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 9th session on June 19, 2015.
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