Decree No. 79/2022/NĐ-CP stipulates the functions, tasks, powers, and organizational structure of the Government Office.

DECREE

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT OFFICE

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 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 this Decree stipulating the functions, tasks, powers and organizational structure of the Government Office.

Article 1. Position and Functions

The Government Office is a ministerial-level agency of the Government, serving as the administrative machinery for the Government and the Prime Minister.

The Government Office has the function of providing advisory support and coordination to assist the Government and the Prime Minister (including Deputy Prime Ministers) in organizing the common activities of the Government, leading, directing, and managing the operations of the Government and the national administrative system from central to local levels, ensuring unity, smoothness, and continuity in the national administrative system; supervising administrative procedures; ensuring information services for leadership, direction, and management activities of the Government and the Prime Minister, and providing information to the public in accordance with the law; ensuring material, technical, and logistical conditions for the operations of the Government and the Prime Minister.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Government Office performs the tasks and powers prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Providing comprehensive advice and coordinating to assist the Government

a) Building and managing the program of work of the Government in accordance with the law; monitoring, urging ministries, ministerial-level agencies, and other relevant agencies to implement the Government's program of work and the Government's operational regulations; compiling, evaluating the situation and results, and reporting to the Government;

b) Cooperating with ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies in preparing and finalizing proposals, projects, draft regulatory legal documents submitted to the Government for consideration and decision-making in accordance with the law;

c) Reviewing the procedural steps, procedures, authority for handling, and providing comprehensive advisory opinions on the content; independently commenting on proposals, projects, draft regulatory legal documents, reports according to the Government's program of work and other matters submitted by ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies to the Government;

d) Taking the lead and cooperating with ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies in preparing content and serving sessions of the Government and Government conferences;

đ) Assisting the Government in working relations with Party agencies, the National Assembly, the Standing Committee of the National Assembly, the State 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;

e) Drafting proposals, projects, draft regulatory legal documents, and reports when assigned by the Government.

2. Providing comprehensive advice and coordinating to assist the Prime Minister

a) Building and managing the program of work of the Prime Minister in accordance with the law; monitoring, urging, inspecting, compiling, evaluating, and reporting on the implementation of the Prime Minister's program of work; recommending to the Prime Minister key tasks that need focused leadership, direction, and management during specific periods;

b) Reviewing the procedural steps, procedures, authority for handling, and providing comprehensive advisory opinions on the content; independently commenting on proposals, projects, draft regulatory legal documents, and reports according to the Prime Minister's program of work and other matters submitted by ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies to the Prime Minister;

c) Taking the lead and cooperating with ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies in finalizing content, procedures, files, and draft documents to be submitted to the Prime Minister for consideration and decision-making regarding regular matters submitted by ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies;

d) Assisting the Prime Minister in coordinating the activities between ministries, ministerial-level agencies, and provincial People's Committees in formulating and implementing policies and laws; the operations of councils, committees, steering boards, and inter-ministerial coordination bodies chaired by the Prime Minister in accordance with the law;

đ) Recommending the Government and the Prime Minister to assign ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies to develop mechanisms, policies, proposals, projects, and draft regulatory legal documents to be submitted to competent authorities for decision-making; or proactively researching and proposing mechanisms and policies to be submitted to the Government and the Prime Minister for consideration and decision-making;

e) Taking the lead and cooperating with ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies in drafting reports on the Government's and Prime Minister's work, explanatory reports, and responses to questions before the National Assembly, the Standing Committee of the National Assembly, the State President, competent agencies, and the people, as directed by the Prime Minister;

g) Taking the lead in drafting, editing articles, speeches, press interviews, and materials serving the Prime Minister and other reports and materials as directed by the Prime Minister;

h) Assisting the Prime Minister in monitoring, urging, and inspecting the implementation of tasks assigned by the Government and the Prime Minister to ministries, ministerial-level agencies, provincial People's Committees, and other relevant agencies; recommending to the Prime Minister necessary measures to urge implementation, address shortcomings, ensure administrative discipline and effectiveness in state management.

i) Chair and coordinate with ministries, sectors, provincial People's Committees, related agencies and organizations to prepare content and serve meetings, working sessions, and local visits organized by the Prime Minister;

k) Attend meetings and conferences of ministries, sectors, People's Councils, provincial People's Committees, and related agencies; request ministries, sectors, provincial People's Committees, and related agencies to provide relevant documents, data, and reports on the implementation of tasks assigned by the Government and the Prime Minister; participate in councils, committees, steering boards, and inter-sectoral coordination bodies chaired by the Prime Minister as prescribed; proactively work with ministries, sectors, provincial People's Committees, and related agencies to understand the situation for leadership, guidance, and management by the Government and the Prime Minister;

l) In cases where there are differing opinions on issues submitted to the Government and the Prime Minister, the Minister and Director of the Government Office shall chair meetings with leaders of ministries, sectors, provincial People's Committees, and related agencies to exchange views, reach consensus, or clarify issues with differing opinions before submitting them to the Government and the Prime Minister;

m) Return documents to the sender and clearly state the reasons, or transfer files to competent authorities for resolution when files are incomplete, not in accordance with procedures, regulations, or the authority of the Government and the Prime Minister, or when the submitting agency does not clearly propose a solution;

n) Draft projects, programs, draft regulatory legal documents, and other documents upon assignment by the Prime Minister;

3. On administrative procedure control;

a) Guide, monitor, urge, and inspect the implementation of administrative procedure control work by ministries, sectors, and provincial People's Committees; compile the situation and results, report to the Government and the Prime Minister;

b) Chair the implementation of tasks related to administrative reform and the single window mechanism in handling administrative procedures at state administrative agencies; communication work on administrative reform;

c) Recommend the Government and the Prime Minister to assign ministries, sectors, and provincial People's Committees to study and propose or take the initiative to study and propose policies, solutions, and innovations for administrative reform and related regulations; evaluate and handle the results of administrative procedure reviews according to the law;

d) Chair and coordinate with ministries, sectors, provincial People's Committees, and related agencies to develop, manage, and operate the National Administrative Procedure Database, the National Public Service Portal; organize the implementation of tasks assigned by the Government and the Prime Minister;

đ) Receive and process complaints and suggestions from organizations and individuals regarding administrative regulations within the management scope of the Government, the Prime Minister, and state administrative agencies according to the law;

e) Perform the standing advisory role in the Administrative Reform Advisory Council;

4. On ensuring information to serve the Government and Prime Minister's leadership, guidance, and management;

a) Implement regular, special, and urgent reporting systems as prescribed and other reports as required by the Government and the Prime Minister;

b) Receive information from ministries, sectors, provincial People's Committees, agencies, organizations, and individuals about the leadership, guidance, and management activities of the Government and the Prime Minister; proactively monitor, coordinate, and grasp practical situations to timely advise and propose the Government and the Prime Minister to consider and direct the resolution of urgent, prominent, and socially concerned issues;

c) Provide information to members of the Government, heads of government agencies, chairpersons of provincial People's Councils, provincial People's Committees, Party and State agencies, and related agencies about the national economic and social situation and the leadership, guidance, and management activities of the Government and the Prime Minister according to the law;

d) Chair and coordinate with ministries, sectors, provincial People's Committees, and related agencies to develop, manage, and operate information systems and databases assigned by the Government and the Prime Minister; connect, integrate, share information between the Government Office and ministries, sectors, and provincial People's Committees to support the leadership, guidance, and management activities of the Government and the Prime Minister according to the law;

đ) Chair the guidance and urging of ministries, sectors, and provincial People's Committees in sending and receiving electronic documents; handling administrative procedures in the electronic environment; implementing reporting systems to support the Government and the Prime Minister's leadership and management activities according to the law;

5. On providing information to the public;

a) Provide information to the public about major activities, important decisions in the leadership, guidance, and management of the Government and the Prime Minister, significant political, economic, and social events, and other information as prescribed by law and directed by the Prime Minister;

b) Perform the Government and Prime Minister's spokesperson duties.

c) Chair and coordinate with ministries, sectors, provincial People's Committees, and related agencies to organize press conferences of the Government, provide periodic and urgent information to the media; advise on interviews with the Prime Minister by the media; implement press releases according to the law;

d) Require related agencies to correct and media outlets to amend inaccurate or unsuitable content that does not meet the requirements of leadership, guidance, and management by the Government and the Prime Minister according to the law;

đ) Implement state management over the Official Gazette; organize management, publication, and distribution of the Official Gazette of the Socialist Republic of Vietnam in accordance with the law.

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

6. Ensure material, technical, and logistical conditions for the activities of the Government and the Prime Minister;

7. Draft and promulgate legal regulatory documents and other documents within the authority of the Government Office as prescribed by law.

8. Carry out the task of inspecting documents and handling documents that violate the law according to the authority and provisions of the law.

9. Organize the receipt and processing of documents submitted to the Government and the Prime Minister by ministries, sectors, provincial People's Committees, agencies, organizations, and individuals; issue and manage documents of the Government and the Prime Minister; build, manage, and operate the electronic document storage system at the Government Office according to the law;

10. Carry out inspection and supervision work; receive citizens, resolve complaints and denunciations; prevent corruption, promote thrift, and combat waste according to the law.

11. Summarize and guide professional and vocational work of office operations for the offices of ministries, sectors, and provincial People's Committees.

12. Regarding civil servants

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

b) The Government Office may propose the transfer, rotation, or assignment of civil servants from various ministries, sectors, agencies, and localities to work at the Government Office and vice versa, according to the authority and regulations stipulated by the Prime Minister and the law. Ministries, sectors, agencies, and localities are responsible for transferring, rotating, or assigning civil servants based on the Government Office's proposal.

13. Manage organizational structure, civil servant staffing, number of employees, and job positions; decide on recruitment, utilization, management, and implementation of other systems and policies for cadres, civil servants, and public officials under their jurisdiction as prescribed.

14. Decide and direct the implementation of administrative reform programs and digital transformation within their authority according to the overall objectives and content of the State administrative reform program.

15. Manage finance, assets, and other resources allocated; manage scientific research activities; implement international cooperation as prescribed by law.

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

Article 3. Organizational Structure

1. General Department.

2. Legal Affairs Department.

3. Comprehensive Economic Department.

4. Industry Department.

5. Agriculture Department.

6. Education, Science, Culture, and Society Department.

7. Business Reform Department.

8. International Relations Department.

9. Internal Affairs Department.

10. Department of State Administrative Organization and Public Service.

11. Department of Inspection Work Oversight; Complaints and Petitions Resolution; Anti-Corruption, Smuggling Prevention, Trade Fraud, and Counterfeit Goods Control (referred to as Department I).

12. National Assembly, Local, and Mass Organizations Work Department.

13. Secretariat and Editing Department.

14. Administrative Department.

15. Cadre and Civil Servant Management Department.

16. Department of Financial Planning.

17. Bureau of Administrative Procedure Control.

18. Bureau of Administration and Management II.

19. Government Portal.

20. Electronic Information Portal of the Government.

Units specified from Clause 1 to Clause 20 of this Article are administrative organizations.

The Minister and Head of the Government Office shall submit to the Prime Minister for issuance of a Decision detailing the functions, tasks, powers, and organizational structure of the Electronic Information Portal of the Government; issue a list of other public service establishments under the Government Office.

The Minister and Head of the Government Office shall define the functions, tasks, powers, and organizational structure of units directly under the Government Office, except for the unit specified in Clause 20 of this Article.

Department I has three divisions. The Administrative Department has four divisions.

Article 4. Transitional Provisions

The Computer Center will continue its operations according to current regulations until the Decision detailing the functions, tasks, powers, and organizational structure of the Bureau of Administrative Procedure Control and the Bureau of Administration and Management comes into effect, issued by the Minister and Head of the Government Office.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from October 10, 2022.

2. This Decree replaces Decree No. 150/2016/NĐ-CP dated November 11, 2016 of the Government on the functions, tasks, powers, and organizational structure of the Government Office.

3. The Minister and Head of the Government Office, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.