Chương VII Hiến pháp 2013: Chính phủ

Chapter VII

THE GOVERNMENT

Article 94

The Government is the highest state administrative body of the Socialist Republic of Vietnam, shall exercise executive power, and is the executive body of the National Assembly.

The Government is responsible to the National Assembly and shall report on its work to the National Assembly, the Standing Committee of the National Assembly and the President.

Article 95

1. The Government is composed of the Prime Minister, Deputy Prime Ministers, Ministers, and Heads of ministerial-level agencies.

The structure and number of members of the Government shall be decided by the National Assembly.

The Government shall work on a collegial basis and make its decisions by a vote of the majority.

2. The Prime Minister is the head of the Government and responsible to the National Assembly for the work of the Government and assigned tasks; and shall report on the work of the Government and the Prime Minister to the National Assembly, the Standing Committee of the National Assembly and the President.

3. Deputy Prime Ministers shall assist the Prime Minister in his or her work as assigned by the Prime Minister, and are responsible to the Prime Minister for their assigned tasks. In the absence of the Prime Minister, a Deputy Prime Minister delegated by the Prime Minister shall lead the work of the Government on behalf of the Prime Minister.

4. Ministers and Heads of ministerial-level agencies are personally responsible to the Prime Minister, Government and National Assembly for the sectors and fields under their charge and, together with other members of Government, shall assume the collective responsibility for the work of the Government.

Article 96

The Government has the following tasks and powers:

1. To organize the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and orders and decisions of the President;

2. To propose and formulate policies to be submitted to the National Assembly or the Standing Committee of the National Assembly for decision or decide on policies according to its competence, for the performance of its tasks and the exercise of its powers set out in this Article; to submit draft laws, draft state budget estimates and other projects to the National Assembly; and to submit draft ordinances to the Standing Committee of the National Assembly;

3. To perform the unified management of the economy, culture, social affairs, education, health, science, technology, environment, information, communications, external relations, national defense, national security, and social order and safety; to carry out orders on general mobilization or partial mobilization or orders to proclaim a state of emergency, and take other necessary measures to defend the Fatherland and to protect the People’s lives and property;

4. To propose the National Assembly for decision the establishment or abolition of ministries or ministerial-level agencies; the establishment, dissolution, consolidation, separation, or adjustment of the administrative boundaries of, provinces, centrally run cities or special administrative-economic units; to propose  the Standing Committee of the National Assembly for decision the establishment, dissolution, consolidation, separation or adjustment of the boundaries of, administrative units under the provinces and centrally run cities;

5. To perform the unified management of the national administration system; to manage cadres, civil servants, public employees, and the public service in state agencies; to organize inspection and control work, the settlement of complaints and denunciations, and the fight against bureaucracy and corruption in the state apparatus; to lead the work of the ministries, ministerial-level agencies, government-attached agencies, and People’s Committees at all levels; to guide and examine the People’s Councils in their implementation of the documents of state agencies at higher levels, to create the conditions for the People’s Councils to perform their tasks and exercise their powers which are prescribed by a law;

6. To protect the rights and interests of the State and society, human rights and citizens’ rights; and to ensure social order and safety;

7. To negotiate and conclude treaties in the name of the State, as authorized by the President; to decide on the conclusion, accession to, ratification of, or withdrawal from, treaties in the name of the Government, except for treaties to be submitted to the National Assembly for ratification as specified in Clause 14, Article 70; to protect the interests of the State and the legitimate interests of Vietnamese organizations or citizens in foreign countries;

8. To coordinate with the Central Committee of the Vietnam Fatherland Front and central bodies of the socio-political organizations in the performance of the tasks and the exercise of the powers of the Government.

Article 97

The term of the Government follows the term of the National Assembly. At the expiration of the term of the National Assembly, the Government shall remain in office until a new Government is elected by the succeeding National Assembly.

Article 98

The Prime Minister shall be elected by the National Assembly from among its deputies.

The Prime Minister has the following tasks and powers:

1. To lead the work of the Government; to lead the formulation of policies and organize the implementation of laws;

2. To lead and take responsibility for the work of the state administration system from the central to the local level, ensuring the consistency and continuity of the national administration system;

3. To submit to the National Assembly for approval proposals on the appointment, relief from duty or dismissal of Deputy Prime Ministers, Ministers or other members of the Government; to appoint, relieve from duty or dismiss Deputy Ministers or officials of equal rank of ministries or ministerial-level agencies; to approve the election and relief from duty, and to decide on the transfer or dismissal of Chairpersons and Vice Chairpersons of the People’s Committees of provinces or centrally run cities;

4. To suspend the implementation of, or annul the documents, of Ministers, Heads of ministerial-level agencies, People’s Committees, Chairpersons of the People’s Committees of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels; to suspend the implementation of resolutions of the People’s Councils of provinces or centrally run cities that contravene the Constitution, laws or documents of state agencies at higher levels and, at the same time, to propose the Standing Committee of the National Assembly to annul them;

5. To decide on and direct the negotiation of, and to direct the conclusion, and accession to, or ratification of, treaties within the scope of the tasks and powers of the Government; to organize the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party;

6. To make reports to the People through the mass media on important issues falling within the competence of the Government and the Prime Minister.

Article 99

1. Ministers and Heads of ministerial-level agencies are members of the Government, shall preside over their ministries or ministerial-level agencies, and shall lead the work of their ministries or ministerial-level agencies; shall perform the state management of the sectors and fields under their charge; and shall organize and monitor nationwide the implementation of laws concerning their sectors and fields.

2. Ministers and Heads of ministerial-level agencies shall report on their work to the Government and Prime Minister; and make reports to the People on important issues under their management.

Article 100

The Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies shall promulgate legal documents to perform their tasks and exercise their powers, review the implementation of those documents, and deal with unlawful documents in accordance with law.

Article 101

The President of the Central Committee of the Vietnam Fatherland Front and heads of central bodies of socio-political organizations may be invited to meetings of the Government that discuss relevant issues.