Chương 8 Hiến pháp năm 1992: Chính phủ

Constitution Chapter Eight:

THE GOVERNMENT

Article 109

The Government is the executive organ of the National Assembly, the highest organ of State administration of the Socialist Republic of Vietnam.

The Government shall carry out overall management of the work for the fulfillment of the political, economic, cultural, social, national-defense, security and external duties of the State; it shall ensure the effectiveness of the State apparatus from the center to the grassroots; it shall ensure respect for and implementation of the Constitution and the law; it shall promote the mastery of the people in national construction and defense; it shall ensure security and the improvement of the people's material and cultural living conditions.

The Government is accountable to the National Assembly and shall make its reports to the National Assembly, its Standing Committee, and the country's President.

Article 110

The Government shall be composed of the Prime Minister, the Deputy Prime Ministers, the Cabinet Ministers, and other members. With the exception of the Prime Minister, its members are not necessarily members of the National Assembly.

The Prime Minister is accountable to the National Assembly and shall make his reports to the National Assembly, its Standing Committee, and the country's President.

The Deputy Prime Ministers shall assist the Prime Minister in the performance of his duties, as required by him. In the absence of the Prime Minister, one of his Deputies shall be delegated by him to direct the work of the government.

Article 111

The Chairman of the Central Committee of the Vietnam Fatherland Front, the Chairman of the Vietnam Federation of Labour and the heads of mass organisations shall be invited to attend the sessions of the Government when relevant problems come up for discussion.

Article 112

Following are the duties and powers of the Government:

1. To direct the work of the ministries, the organs of ministerial rank and the organs of the Government, the People's Committees at all levels; to build and consolidate the unified system of the apparatus of State administration from the center to the grassroots; to guide and control the People's Councils in their implementation of the directives of superior organs of State administration; to create favourable conditions for the People's Councils to fulfill their duties and exercise their powers as laid down by law, to train, foster, dispose and use State officials and employees;

2. To ensure the implementation of the Constitution and the law in State organs, economic bodies, social organisations, units of the armed forces, and among the citizens; to organise and direct propaganda and educational work among the people concerning the Constitution and the law;

3. To present draft laws, decree-laws and other projects to the National Assembly and its Standing Committee;

4. To ensure the overall management of the building and development of the national economy; to carry into effect national financial and monetary policies; to manage and ensure the effective use of property in the ownership of the entire people; to promote the development of culture, education, health care, science and technology; to carry out the plan for socio-economic development and to give effect to the State budget;

5. To take measures to protect the rights and legitimate interests of the citizen, to create conditions for him to exercise his rights and fulfill his duties, to protect the property and interests of the State and society; to protect the environment;

6. To consolidate and strengthen national defense by the entire people and the people's security; to ensure national security and social order; to build the people's armed forces; to carry into effect general mobilisation, to proclaim the state of emergency and all other necessary measures to defend the country;

7. To organise and direct the conduct of State inventories and statistics; State inspection and control; to fight bureaucratism and corruption in the State machinery; to settle complaints and denunciations by citizens;

8. To ensure the overall management of the State's external relations; to sign, join, approve international agreements on behalf of the Government; to direct the implementation of international agreements subscribed to or joined by the Socialist Republic of Vietnam; to protect the interests of the State and the legitimate interests of Vietnamese citizens and organisations in foreign countries;

9. To implement social policies, nationalities policies, policies on religion;

10. To take decisions in the adjustment of the boundaries of administrative units below the level of the province and the city under direct central control;

11. To coordinate its efforts with those of the Vietnam Fatherland Front and all mass organisations in the fulfillment of their duties and exercise of their rights; to create conditions for their effective functioning.

Article 113

The tenure of the Government is the same as that of the National Assembly. When the latter's tenure ends the Government shall continue in office until the new legislature establishes a new Government.

Article 114

Following are the duties and powers of the Prime Minister:

1. To direct the work of the Government, the Government members, the People's Councils at all levels; to chair Cabinet meetings;

2. To propose to the National Assembly to set up or disband ministries and organs of ministerial rank; to present to the National Assembly or, when the latter is not in session, to its Standing Committee, for approval, proposals on the appointment, release from duty, or dismissal of Deputy Prime Ministers, Cabinet Ministers and other members of the Government;

3. To appoint, release from duty, or dismiss Vice-Ministers and officials of equal rank; approve the election, release from duty, secondment, and dismissal of Chairmen and Deputy Chairmen of People's Committees of provinces and cities under direct central rule;

4. To suspend or annul decisions, directives and circulars of Cabinet Ministers and other Government members, decisions and directives of People's Councils and Chairmen of People's Committees of provinces and cities under direct central rule that contravene the Constitution, the law, and other formal written documents of superior State organs;

5. To suspend the execution of resolutions of People's Councils of provinces and cities under direct central rule that contravene the Constitution, the law, and formal written orders of superior State organs; at the same time to propose to the Standing Committee of the National Assembly to annul them;

6. To make regular reports to the people through the mass media on major issues to be settled by the Government.

Article 115

On the basis of the Constitution, the law, and the resolutions of the National Assembly, the decree-laws and resolutions of the latter's Standing Committee, the orders and decisions of the country's President, the Government shall issue resolutions and decrees, the Prime Minister shall issue decisions and directives and shall supervise the execution of those formal written orders.

Major issues within the jurisdiction of the Government shall undergo collegial discussion and decisions shall be taken in conformity with the will of the majority.

Article 116

Cabinet Ministers and other Government members shall be responsible for State administration in the fields and branches under their respective authority throughout the country; they shall ensure the autonomy of grassroots units in production and trading according to the provisions of the law.

On the basis of the Constitution, the law, and the resolutions of the National Assembly, the decree-laws and resolutions of the latter's Standing Committee, the orders and decisions of the country's President, the written orders of the Government and the Prime Minister, the Cabinet Ministers, the other Government members, the heads of government organs shall issue decisions, directives and circulars and shall control the execution of these formal written instructions by all branches, regions and grass roots units.

Article 117

Cabinet Ministers and the other Government members shall be responsible to the Prime Minister and the National Assembly for the fields and branches under their respective authority.