Luật Tổ chức Chính phủ 2001 số 32/2001/QH10

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM           Independence - Freedom - Happiness           ------------
No: 32/2001/QH10	Hanoi, December 25, 2001

 

LAW

ON ORGANIZATION OF THE GOVERNMENT
(No. 32/2001/QH10 of December 25, 2001)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, 10th session;
This Law provides for organization and operation of the Government.

Chapter I

GENERAL PROVISIONS

Article 1.- The Government is the executive body of the National Assembly, and is the highest State administrative agency of the Socialist Republic of Vietnam.

The Government shall exercise the unified management of the performance of the State’s political, socio-economic, defense, security and external relation tasks; ensure the effectiveness of the State apparatus from the central to grassroots level; ensure the respect for, and the observance of, the Constitution and laws; promote the people’s mastery in the cause of building and defending the Fatherland, thus ensuring stability and improving the people’s material and spiritual lives.

The Government shall take responsibility before the National Assembly and report on its activities to the National Assembly, the National Assembly Standing Committee and the State President.

Article 2.- The Government’s organizational structure is composed of:

- The ministries;

- The ministerial-level agencies.

The National Assembly shall decide on the establishment or abolition of ministries and ministerial-level agencies at the proposal of the Prime Minister.

Article 3.- The Government is composed of:

- The Prime Minister;

- The deputy prime ministers;

- The ministers and the heads of the ministerial-level agencies.

The numbers of deputy prime ministers, ministers and heads of the ministerial-level agencies shall be decided by the National Assembly.

The Prime Minister shall be elected, relieved from office and dismissed by the National Assembly at the proposal of the State President.

The Prime Minister shall submit to the National Assembly for ratification proposals on the appointment, removal from office, dismissal and resignation of deputy prime ministers, ministers and heads of the ministerial-level agencies.

Based on resolutions of the National Assembly, the State President shall appoint, relieve from office, demote, or approve the resignation of, the deputy prime ministers, ministers and heads of the ministerial-level agencies.

Article 4.- The Prime Minister is the head of the Government. The Prime Minister shall be held responsible before the National Assembly and report on his/her work to the National Assembly, the National Assembly Standing Committee and the State President.

The deputy prime ministers shall assist the Prime Minister performing tasks assigned by the Prime Minister. When the Prime Minister is absent, one deputy prime minister shall be authorized by the Prime Minister to direct the activities of the Government on the latter’s behalf. The deputy prime ministers shall be answerable to the Prime Minister and the National Assembly for their assigned tasks.

A minister or head of the ministerial-level agency shall be the head and leader of his/her ministry or ministerial-level agency, taking charge of a number of the Government’s activities; and take responsibility before the Prime Minister and the National Assembly for the nationwide State management over a branch or domain or for the jobs assigned to him/her.

Article 5.- The Government’s term of office shall correspond to the term of the National Assembly. Upon the end of the National Assembly’s term, the Government shall continue to perform its tasks till the new National Assembly sets up a new Government.

Article 6.- The Government shall be organized and operate on the principle of democratic centralism.

The efficiency of the Government’s operation is guaranteed by the efficiency of operations of the Government collective, the Prime Minister, and each cabinet member.

The Government shall discuss collectively and decide by majority on the important issues prescribed in Article 19 of this Law.

The Prime Minister shall lead and administer the Government’s activities and decide on issues prescribed by the Constitution and laws, which fall under his/her jurisdiction.

The ministers and the heads of the ministerial-level agencies shall take part in the operation of the Government collective; lead, decide and take responsibility for the branches, domains or work assigned to them; attend the National Assembly’s sessions when the National Assembly examines matters related to the branches, domains or jobs which they are assigned to take charge of.

Article 7.- The Government shall perform the function of State management by laws; apply all administrative, economic, organizational, propagation and educational measures; coordinate with Vietnam Fatherland Front’s Central Committee, Vietnam Labor Confederation’s Executive Committee and central committees of mass organizations in the performance of its tasks and the exercise of its powers.

Chapter II

TASKS AND POWERS OF THE GOVERNMENT

Article 8.- The Government shall have the following tasks and powers:

1. To direct the work of the ministries, ministerial-level agencies and agencies attached to the Government as well as the People’s Committees of all levels, build and perfect a unified system of State administrative apparatus from the central to grassroots level; guide and inspect the People’s Councils in the implementation of documents of the superior State bodies; create conditions for the People’s Councils to perform their tasks and exercise their powers as prescribed by law; train, foster, arrange and use the contingent of State officials and public servants.

2. To ensure the observance of the Constitution and laws by the State agencies, socio-political organizations, social organizations, economic organizations, people’s armed force units and citizens; organize and direct the work of propagation and education on the Constitution and laws among the population;

3. To submit the drafts of laws, ordinances and other projects to the National Assembly and National Assembly Standing Committee;

4. To unify the management of construction and development of the national economy as well as the development of culture, education, health care, sciences, technologies and public services; manage and ensure the efficient use of properties under the entire people’s ownership; implement the socio- economic development and State budget plans as well as national financial and monetary policies;

5. To apply measures to protect the citizens’ legitimate rights and interests, creating conditions for citizens to exercise their rights and fulfill their obligations; protect the State’s and society’s properties and interests as well as the environment;

6. To consolidate and strengthen the entire people’s national defense and people’s security; maintain the national security as well as social order and safety; build the people’s armed forces; execute mobilization orders and orders promulgating the state of emergency and apply all other necessary measures to defend the country;

7. To organize and direct the State’s inventory and statistical work; the State inspection and supervision work, the fight against corruption and wastefulness and all manifestations of bureaucracy, authoritarianism and bumbledom in the State apparatus; as well as the settlement of citizens complaints and denunciations.

8. To unify the management of external relation work; negotiate and conclude international agreements in the name of the State of the Socialist Republic of Vietnam, except for agreements to be signed between the State President and other heads of State; negotiate, sign, ratify and accede to international agreements in the name of the Government; direct the implementation of international agreements which the Socialist Republic of Vietnam has signed or acceded to; protect the State’s interests as well as the legitimate interests of Vietnamese organizations and citizens in foreign countries;

9. To implement social, ethnic and religious policies; unify the management of emulation and commendation work;

10. To decide on the adjustment of boundaries of administrative units of levels lower than the provincial/municipal level;

11. To coordinate with Vietnam Fatherland Front’s Central Committee, Vietnam Labor Confederation’s Executive Committee and central committees of mass organizations in performing its tasks and exercising its powers; create conditions for those organizations to operate effectively.

Article 9.- Tasks and powers of the Government in the economic domain:

1. To unify the management of the national economy and develop the socialist-orientated market economy; strengthen and develop the State economic sector, attaching importance to key branches and domains in order to ensure its leading role, which shall, together with the collective economy, constitute the firm foundation of the national economy.

To decide specific policies in order to bring into play potentials of all economic sectors, promote the formulation, development and step-by-step perfection of the markets of different types along the socialist orientation;

2. To decide on specific policies for national industrialization and modernization, paying attention to agricultural and rural industrialization and modernization;

3. To elaborate strategic projects, plannings as well as long-term, five-year and annual socio-economic development plans for submission to the National Assembly; and direct the implementation thereof;

4. To submit to the National Assembly the State budget estimates, the projected State budget allocations and levels of supplementation from the central budget to the local budgets, as well as the annual final account statement of State budget; organize and administer the implementation of the State budget decided by the National Assembly;

5. To decide on specific financial, monetary, wage and pricing policies and measures;

6. To unify the management and efficient use of properties under the entire people’s ownership and national resources; implement the thrift-practicing policy; perform functions of the owner of the State’s capital amounts at State-invested enterprises prescribed by law;

7. To implement policies on the protection, improvement, regeneration and rational use of natural resources;

8. To unify the management of foreign economic activities, taking initiative in international economic integration on the basis of bringing into play the nation’s internal resources, developing different forms of economic relations with other nations and international organizations on the principle of respect for national independence, sovereignty, mutual benefits, support and promotion of domestic production.

To decide on specific policies to encourage enterprises of all economic sectors to take part in foreign economic activities; encourage foreign investment and create favorable conditions for overseas Vietnamese to invest in the home country;

9. To organize and direct the State’s inventory and statistical work.

Article 10.- Tasks and powers of the Government in the scientific, technological and environmental fields:

1. To unify the management of and develop scientific and technological activities; direct the implementation of scientific and technological development policies and plans;

2. To decide on specific policies toward sciences and technologies in order to ensure that scientific and technological development be the top national policy, giving priority to investment in modern sciences and technologies as well as high technologies, attaching importance to information technology and bio-technology; diversify and efficiently use sources of investment in scientific and technological development;

3. To unify the management of scientific research and technological development institutions as well as scientific and technological information systems; efficiently use scientific and technological advances;

4. To unify the management of standards, measurement, products’ quality, intellectual property, and technology transfer;

5. To decide on specific policies for the protection, improvement and preservation of the environment; direct the concentration of efforts on handling the problem of environmental degradation in key areas; control pollution, rescue and overcome environmental incidents.

Article 11.- Tasks and powers of the Government in the fields of culture, education, information, sports and tourism:

1. To unify the management and develop the cause of culture, literature and arts; prescribe measures for preservation and development of an advanced culture imbued with national identities; protect and bring into play the values of cultural heritage; encourage the development of talents for cultural and artistic creation, combat the dissemination of harmful cultural ideologies and products; eliminate superstition and bad practices; constantly build up the civilized life style in the society;

2. To decide on specific policies for education in order to ensure that the educational development be one of the top national policies; give priority to investment in, and mobilize resources for, development of the educational cause, raising the population’s intellectual level, training human resources, finding out, fostering and using talents.

To unify the management of the national education system in terms of education objectives, programs, contents and plans, teachers’ criteria, examination regulations, systems of diplomas and academic titles, types of school and class as well as other forms of education; universalize the basic secondary education and fight the relapse into illiteracy.

3. To unify the management and develop the cause of information and press; apply measures to effectively prevent those information activities which are detrimental to the national interests, destroy the personality, morality and fine life style of the Vietnamese people.

4. To unify the management and develop the cause of physical training and sports; create conditions for the broadening and raising of the quality of mass physical training and sport activities, attaching importance to professional sport activities, fostering sport talents;

5. To decide on specific policies aiming to boost the development of tourism, making it really a spearhead economic branch, expanding and raising the quality of domestic tourist activities and developing international tourism.

Article 12.- Tasks and powers of the Government in the medical and social fields:

1. To decide on specific policies for vocational guidance, job creation, improvement of working conditions, labor safety and sanitation as well as occupational disease prevention for laborers; direct the implementation of hunger elimination and poverty alleviation programs; diversify forms of social insurance and social relief; provide social supports;

2. To unify the management and develop the cause of caring for and protecting the people’s health, mobilize and organize all social forces for building and developing the medicine of Vietnam; invest in and develop the cause of protecting the people’s health; unify the management over the work of disease prevention and treatment as well as production and circulation of curative medicines, preventing social diseases, implementing health policies and regimes, protecting the people’s health.

3. To implement the preferential policies for war invalids, diseased soldiers and fallen combatants’ families as well as the policies on commendation, reward and care for people and families with meritorious services to the country;

4. To adopt policies and measures to ensure the equality between men and women in all political, economic, cultural and social aspects as well as in family life; protect and care for mothers and ensure the exercise of children’s rights; help the elderly, disabled people and children meeting with exceptional difficulties; adopt measures for prevention of and fight against all acts of violence against women and children, which hurt their dignity;

5. To implement the population and family planning policy, reducing the population growth rate; raise the population quality;

6. To organize and create conditions for young people to study, labor and entertain, develop their physical strength and intellect, foster them in morals, national traditions, sense of citizens� responsibility and socialist ideal, thus promoting their capabilities in the cause of creative labor for construction and defense of the Fatherland;

7. To organize the application of measures to prevent, fight and preclude accidents and social evils.

Article 13.- Tasks and powers of the Government in the fields of ethnicity and religion:

1. To decide on specific policies and measures so as to ensure the implementation of the policy on equality, unity, assistance and support for mutual development and the achievement of social justice among ethnicities as well as the exercise of their right to use their own languages, thus preserving, promoting and enriching their cultural identities and fine traditions; combat all acts of ethnic discrimination and separation;

2. To decide on specific policies and measures to give priority to all-sided development of ethnic minority areas, building infrastructure, implementing socio-economic development programs and projects, developing the commodity economy, step by step improving the life of people in ethnic minority areas, areas meeting with exceptional difficulties and former revolutionary bases.

3. To implement the policy of giving priority to developing education, raising people’s intellectual levels, fostering human resources and implementing healthcare program for inhabitants in mountainous and ethnic minority areas; elaborate planning and plans for training, fostering and employment of officials being ethnic minority people;

4. To implement the policy on religion, ensuring the citizens’ right to freedom of belief, religion or non-religion; ensure the equality among religions before law; combat all acts of infringing upon the right to freedom of belief and religion or acts of abusing beliefs and religions to breach the State�s laws and policies.

Article 14.- Tasks and powers of the Government in the fields of defense, security, social order and safety:

1. To organize the implementation of specific policies and measures in order to consolidate and strengthen the entire people’s defense and people’s security, formulate the entire people’s defense disposition in association with the disposition of people’s security, combine economy with defense and security as well as defense and security with economy, thereby maintaining national security, sovereignty, territorial integrity as well as social order and safety, protecting the socialist regime and revolutionary gains; build the people’s armed forces and defense industry, ensuring equipment for people’s armed forces; execute mobilization orders and orders promulgating the state of emergency and apply all other necessary measures to defend the country;

2. To implement the preferential policies, ensuring the material and spiritual lives and the implementation of the rear policy for the people’s armed forces;

3. To organize, and apply measures for, crime and law-violation prevention and fight.

Article 15.- Tasks and powers of the Government in the field of external relations:

1. To implement the foreign policy of independence, sovereignty, openness, multilateralization and diversification of international relations; take initiative in international economic integration on the basis of respect for independence, sovereignty, equality and mutual benefits; decide on undertakings and measures to enhance and expand relations with foreign countries and international organizations; protect national independence, sovereignty, territorial integrity and national interests, raising Vietnam’s position on the international arena; unify the State management over foreign affairs;

2. To submit to the State President for decision the signing of, or accession to, international agreements in the name of the State and submit to the State President for ratification the signing of or accession to, international agreements to be signed by the Government in the name of the State; negotiate, sign, ratify and accede to international agreements in the name of the Government; direct the implementation of international agreements which the Socialist Republic of Vietnam has signed or acceded to;

3. To decide and direct the implementation of specific policies on cooperation in economic, scientific and technological, cultural, educational and other fields, with other countries, territories and international organizations; broaden the external information work;

4. To organize and direct the operations of the State’s representative missions in foreign countries and at international organizations; protect the legitimate interests of Vietnamese organizations and citizens in foreign countries; manage activities of foreign organizations and individuals in Vietnam;

5. To decide on specific policies aiming to encourage overseas Vietnamese to promote the community unity, preserve cultural identities and fine traditions of the Vietnamese nation, maintain close ties with their families and native land, and contribute to building their native places and country; apply measures to protect the legitimate rights and interests of overseas Vietnamese.

Article 16.- Tasks and powers of the Government in the field of organizing the State administrative system:

1. To submit to the National Assembly for decision the Government’s organizational structure, the establishment or abolition of ministries and ministerial-level agencies, the establishment, consolidation, division and re-delimitation of provinces and centrally-run cities as well as the establishment or dissolution of special administrative-economic units.

To decide on the establishment, consolidation, division and re-delimitation of administrative units of the levels lower than the provincial/municipal level;

2. To organize and direct the operations of the system of State administrative apparatus uniformly from the central to grassroots levels; ensure the effectiveness and smoothness of State management in the State administrative system, whereby the subordinate administrative bodies must submit to the leadership, and strictly observe decisions, of the superior administrative bodies.

To decide and direct the assignment and decentralization of branch and field management within the State administrative system.

To direct the State administrative reform, building a democratic, clean, strong, professional, modern, effective and efficient administration;

3. To decide on the establishment, merger and dissolution of the agencies attached to the Government; define tasks, powers and organizational structures of the ministries, ministerial-level agencies and agencies attached to the Government; prescribe the organization of specialized bodies under the People’s Committees and guide the organization of a number of specialized bodies so that the provincial-level People’s Councils may make decisions suited to the particularities of each locality; prescribe the administrative and non-business payroll of the People’s Committees;

4. To unify the management of officials and public servants in the State agencies from the central to grassroots level; build and train a contingent of State officials and public servants being clean, qualified, capable, loyal to the socialist State and devotedly serving the people; decide and direct the implementation of policies and regimes for training, recruitment, employment, wages, commendation, discipline, retirement and other regimes for State officials and public servants; prescribe and direct the implementation of specific policies for cadres of communes, wards and townships.

Article 17.- Tasks and powers of the Government towards the People’s Councils of the provinces and centrally-run cities:

1. To guide and inspect the People’s Councils in the implementation of the Constitution, laws and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee; orders and decisions of the State President; resolutions and decrees of the Government, as well as decisions and directives of the Prime Minister; inspect the legality of the resolutions of the People’s Councils;

2. To create conditions for the People’s Councils to perform their tasks and exercise their powers as prescribed by law:

a/ To send to the People’s Councils of the provinces and centrally-run cities resolutions and decrees of the Government, decisions and directives of the Prime Minister, which are related to the activities of local administrations; to handle proposals of the People’s Councils;

b/ To foster the People’s Council deputies’ knowledge about State management;

c/ To ensure material foundations and finance for operations of the People’s Councils.

Article 18.- Tasks and powers of the Government in the field of law and judicial administration:

1. To submit bills to the National Assembly, draft ordinances to the National Assembly Standing Committee and the Government’s law- and ordinance-making programs to the National Assembly Standing Committee; promulgate in time legal documents for the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee as well as orders and decisions of the State President and for the performance of the assigned tasks and the exercise of the vested powers; ensure the constitutionality, legitimacy and consistency of legal documents of the ministries, the ministerial-level agencies, the People’s Councils and the People’s Committees at all levels;

2. To decide on directive measures and inspect the implementation of the Constitution, laws and the Government’s decisions by the State agencies, economic organizations, social organizations, people’s armed force units and citizens; organize and direct the propagation and education on the Constitution and laws; report to the National Assembly on the work of law violation and crime prevention and fight;

3. To decide on measures to protect the citizens’ legitimate rights and interests, creating conditions for citizens to exercise their rights and fulfill their obligations, protect the State’s and society’s properties and interests;

4. To unify the management of the judicial administration work, activities of lawyers, judicial experts, public notary and juridical support; organize and manage the work of judgment execution, nationality, household registration and civic status;

5. To organize and direct the State inspection work; organize and direct the settlement of citizens’ complaints and denunciations which fall within the Government’s responsibility.

Article 19.- The Government shall discuss collectively and vote by majority on the following important issues:

1. The Government’s annual programs of action;

2. The law- and ordinance-making programs for each year and its whole term as well as bills, draft ordinances and other projects, to be submitted to the National Assembly and the National Assembly Standing Committee; the Government’s resolutions and decrees;

3. The drafts of socio-economic development strategies, planning as well as long-term, five-year and annual plans, and important projects; the State budget estimates, the projected apportionment of the central budget and the level of supplementation from the central budget to local budgets; the annual final account statement of the State budget to be submitted to the National Assembly;

4. The schemes on ethnic and religious policies to be submitted to the National Assembly;

5. The specific policies on socio-economic development, finance, monetary issues as well as important issues on defense, security and external relations;

6. The schemes to be submitted to the National Assembly on the establishment, merger or dissolution of ministries and ministerial-level agencies; the establishment, consolidation, division or re-delimitation of provinces and centrally-run cities, the establishment or dissolution of special administrative and economic units; decisions on the establishment, consolidation, division or re-delimitation of administrative units of the levels lower than the provincial/municipal level;

7. The decisions on the establishment, merger or dissolution of agencies attached to the Government;

8. The Government’s reports to be presented to the National Assembly, the National Assembly Standing Committee and/or the State President.

Chapter III

TASKS AND POWERS OF THE PRIME MINISTER

Article 20.- The Prime Minister shall have the following tasks and powers:

1. To direct the work of the Government and its members, the heads of the agencies attached to the Government and the presidents of People’s Committees at all levels:

a/ To decide on undertakings and necessary measures in order to direct and administer the Government’s activities as well as the State administrative system from the central to grassroots level;

b/ To direct the drafting of laws to be submitted to the National Assembly, ordinances to be submitted to the National Assembly Standing Committee, and legal documents within the competence of the Government and the Prime Minister;

c/ To prescribe the working regime between the Prime Minister and cabinet members as well as the presidents of the People’s Committees of the provinces and centrally-run cities;

d/ To direct and coordinate activities of the cabinet members; decide on matters where exist divergent opinions of ministers, heads of the ministerial-level agencies, heads of the agencies attached to the Government, and presidents of the People’s Committees of the provinces and centrally-run cities;

e/ To urge and inspect the execution of decisions of the National Assembly, the National Assembly Standing Committee, the State President, the Government, and the Prime Minister by all branches and levels;

2. To convene and chair the Government’s meetings;

3. To propose the National Assembly to establish or abolish ministries and ministerial-level agencies; submit to the National Assembly for approval proposals on the appointment, removal from office, dismissal or resignation, for health or other reasons, of deputy-prime ministers, ministers and heads of the ministerial-level agencies; while the National Assembly is in recess, to submit to the State President for decision the suspension of work of deputy-prime ministers, ministers, and heads of the ministerial-level agencies;

4. To set up permanent or provisional councils and/or committees when necessary in order to assist the Prime Minister in studying, directing and coordinating the settlement of important and/or inter-branch issues;

5. To appoint, relieve from office or dismiss vice-ministers and equivalent positions; approve the election of members of the People’s Committees of the provinces and centrally-run cities; remove from office, transfer or dismiss presidents and vice-presidents of the People’s Committees of the provinces and centrally-run cities; approve the removal from office or dismissal of other members of the People’s Committees of the provinces and centrally-run cities;

6. To decide on measures to improve the working styles and perfect the State management apparatus, heighten the sense of discipline, prevent and resolutely fight corruption, wastefulness, bureaucracy, bumbledom and authoritarianism in the apparatus and among the State officials and public servants;

7. To suspend the implementation of, or annul, decisions, directives, circulars of ministers and/or heads of the ministerial-level agencies as well as decisions and directives of the People’s Committees and presidents of the People’s Committees of the provinces and centrally-run cities, which are contrary to the Constitution, laws and documents of the superior State agencies;

8. To suspend the implementation of resolutions of the People’s Councils of the provinces and centrally-run cities, which are contrary to the Constitution, laws and documents of the superior State agencies, and at the same time propose the National Assembly Standing Committee to annul them;

9. To observe the regime of reporting to the people on important issues through the Government’s reports before the National Assembly, the Government’s replies to questions of the National Assembly deputies and opinions addressed to the mass media.

Article 21.- The Prime Minister shall sign the Government’s resolutions and decrees, issue decisions, directives, and guide and inspect the implementation of those documents by all branches, localities and grassroots units.

The resolutions and decrees of the Government as well as decisions and directives of the Prime Minister shall take effect throughout the country.

Chapter IV

MINISTRIES, MINISTERIAL-LEVEL AGENCIES

Article 22.- The ministries and ministerial-level agencies are the Government’s agencies, which perform the function of State management over branches or working domains throughout the country; exercise the State management over public services of different branches and domains; and act as representatives of the owner of the State’s capital amounts at State-invested enterprises as prescribed by law.

Article 23.- The ministers and heads of the ministerial-level agencies shall have the following tasks and powers:

1. To submit to the Government development strategies, planning as well as long-term, five-year and annual plans, and important projects of their respective branches and domains; organize and direct the implementation thereof after they are approved;

2. To draft laws, ordinances and other projects as assigned by the Government;

3. To organize and direct the implementation of plans on scientific research as well as application of scientific and technological advances.

To decide on economic-technical criteria, processes, regulations and norms of branches within their respective competence;

4. To submit to the Government the conclusion of, accession to and ratification of international agreements in their respective branches and domains; organize and direct the implementation of international cooperation plans and international agreements according to the Government’s stipulations;

5. To organize the branch-and domain- managing apparatuses according to the Government’s stipulations; submit to the Government for decision the assignment of State management tasks to the local People’s Committees regarding the branch- and domain- managing contents.

To propose the Prime Minister to appoint, remove from office or dismiss vice-ministers and equivalent positions.

To appoint, remove from office or dismiss department directors or deputy-directors and equivalent positions; organize the implementation of training, recruitment and employment work as well as the wage, commendation, discipline and retirement regimes, and other regimes for officials and public servants under their management;

6. To exercise the State management over non-business organizations and State enterprises in their respective branches and domains, ensuring the latter’s right to autonomy in production and business activities as prescribed by law; ensure the efficient use of properties under the entire people’s ownership, which are managed by their respective branches or domains; perform specific tasks and exercise specific powers of representatives of the owner of the State’s capital amounts at State-invested enterprises as prescribed by law;

7. To exercise the State management over economic and non-business organizations as well as activities of associations and non-governmental organizations in their respective branches and domains;

8. To manage and organize the implementation of allocated budgets;

9. To present to the National Assembly or the National Assembly Standing Committee reports of the ministries and ministerial-level agencies at the request of the National Assembly or the National Assembly Standing Committee; reply questions of the National Assembly deputies and voters proposals; send legal documents issued by themselves to the National Assembly’s Nationality Council and Commissions according to the fields managed by the National Assembly’s Nationality Council or Commissions respectively;

10. To organize and direct the fight against corruption, wastefulness and all manifestations of bureaucracy, bumbledom and authoritarianism in the branches and fields under their management;

11. To perform other tasks assigned by the Prime Minister.

The tasks and powers of the ministers in charge of a number of jobs shall be provided for by the Government.

Article 24.- Basing themselves on the Constitution, laws and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee; orders and decisions of the State President as well as documents of the Government and the Prime Minister, the ministers and the heads of the ministerial-level agencies shall issue decisions, directives and circulars, and guide and inspect the implementation of such documents by all branches, localities and grassroots units.

The decisions, directives and circulars on State management in different branches and domains, which are issued by the respective ministers and heads of the ministerial-level agencies, shall take effect for implementation throughout the country.

Article 25.- The ministers and heads of the ministerial-level agencies shall guide and inspect the ministries, ministerial-level agencies and agencies attached to the Government in the latter’s performance of the tasks in the branches or domains under their respective management.

The minister or head of a ministerial-level agency shall have the right to propose another minister or head of the ministerial-level agency to stop the implementation of, or annul, regulations issued by the latter, which are contrary to the legal documents of the State or ministry, ministerial-level agency on the branch or domain managed by his/her ministry or ministerial-level agency; if the proposal receiver disagrees, the proposal may be submitted to the Prime Minister for decision.

Article 26.- The ministers and heads of the ministerial-level agencies shall have the right to propose the Prime Minister to stop the implementation of resolutions of the People’s Councils of the provinces and centrally-run cities, which are contrary to the legal documents of the State, ministries or ministerial-level agencies on the branches or domains under their management.

Article 27.- The ministers and heads of the ministerial-level agencies shall direct, guide and inspect the People’s Committees at all levels in the latter’s performance of the tasks in the branches or domains under their management.

The ministers and heads of the ministerial-level agencies shall have the right to stop the implementation of, or request the Prime Minister to annul, regulations issued by the People’s Committees and presidents of the People’s Committees of the provinces and centrally-run cities, which are contrary to the documents of ministries or ministerial-level agencies regarding branches or domains under their respective management, and shall take responsibility for such decisions; if the People’s Committees of the provinces or centrally-run cities disagree with the implementation-suspending decisions, they shall still have to execute them but may lodge their motions to the Prime Minister.

Article 28.- The ministers and the heads of the ministerial-level agencies shall have to coordinate with one another in preparing joint schemes to be submitted to the Government and the Prime Minister; issue joint-circulars in order to direct and guide the performance of tasks, which fall under their State management functions.

Article 29.- The vice-ministers and the deputy-heads of the ministerial-level agencies shall assist the ministers and the heads of the ministerial-level agencies, be assigned to direct a number of activities, and take responsibility before the ministers and the heads of the ministerial-level agencies.

When a minister or a head of a ministerial-level agency is absent, a vice-minister or a deputy-head of the ministerial-level agency shall be authorized to direct the work of that ministry or ministerial-level agency.

Article 30.- The Government Office is the assisting apparatus of the Government, headed by the Minister-Director of the Government Office.

The tasks, powers, organizational structure and operations of the Government Office shall be provided for by the Government.

Article 31.- The heads of the agencies attached to the Government shall perform tasks and exercise powers according to the Government’s stipulations; and take responsibility before the Government and the Prime Minister for their assigned tasks and vested powers.

Chapter V

WORKING REGIME AND RELATIONS OF THE GOVERNMENT

Article 32.- The Government works according to the regime of combining the collective’s responsibilities with the promotion of powers and personal responsibility of the Prime Minister as well as each cabinet member.

Article 33.- The form of operation of the Government’s collective is the Government’s meeting.

The Government shall meet regularly once every month. The Prime Minister shall convene the Government’s irregular meetings by his/her decisions or at the request of at least one-third of the total number of cabinet members.

Article 34.- The cabinet members shall have to attend all the Government’s meetings; in case of their total or partial absence from a meeting, the Prime Minister’s consent is required.

The Prime Minister may allow the cabinet members to be absent from the Government’s meetings and to appoint their deputies to attend such meetings.

When necessary, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities may be invited to the Government’s meetings.

Attendants of the Government’s meetings, who are not cabinet members, may voice their opinions but may not vote.

Article 35.- A Government’s meeting shall be held only when it is attended by at least two-thirds of the total number of cabinet members.

At the meetings to discuss important issues prescribed in Article 19 of this Law, the Government’s decisions must be voted for by more than half of its members.

In cases where the vote for and the vote against are equal, the Prime Minister’s opinion shall be complied with.

Article 36.- The legal documents issued by the Government, the Prime Minister, the ministers or the heads of the ministerial-level agencies must be promulgated within the prescribed time limits and published in the Official Gazette of the Socialist Republic of Vietnam, except for legal documents with State secret contents.

Article 37.- The Prime Minister shall authorize the Minister-Director of the Government Office to regularly notify the mass media agencies of the contents of the Government’s meetings and decisions of the Government and the Prime Minister.

Article 38.- The Government shall invite the State President to attend its meetings; and submit to the State President for decision issues falling under the latter’s jurisdiction.

The Government shall invite the chairman of the National Assembly’s Nationality Council to attend its meetings to discuss the implementation of nationality policies.

Quarterly and bi-annually, the Government shall send reports on its activities to the State President and the National Assembly Standing Committee. At the National Assembly’s mid-year session, the Government shall send reports on its activities to the National Assembly deputies. At the National Assembly’s year-end session, the Government shall report before the National Assembly on its activities.

When requested by the National Assembly Standing Committee, Nationality Council or Commissions, cabinet members shall have to present or provide necessary documents.

The Prime Minister or cabinet members shall have to answer the motions put forth by the National Assembly’s Nationality Council or Commissions within 15 days after receiving them.

The Prime Minister or cabinet members shall have to answer questions of the National Assembly deputies as prescribed by the Law on Organization of the National Assembly.

Article 39.- The Government shall coordinate with the Central Committee of Vietnam Fatherland Front, the Executive Committee of Vietnam Labor Confederation and the central committees of mass organizations while performing its tasks and exercising its powers and organize and direct the mass movements for the performance of important political, socio-economic, defense, security and foreign tasks.

The Government shall, together with Vietnam Fatherland Front’s Central Committee and Vietnam Labor Confederation’s Executive Committee as well as the central committees of mass organizations, elaborate specific regulations on their working relationships.

The Government shall invite the president of the Presidium of Vietnam Fatherland Front’s Central Committee, the president of Vietnam Labor Confederation and the heads of the central committees of mass organizations to attend its meetings for discussion of relevant issues; regularly notify Vietnam Fatherland Front’s Central Committee, Vietnam Labor Confederation’s Executive Committee and central committees of mass organizations of the socio-economic situation as well as the Government’s major decisions, undertakings and tasks.

When drafting laws, ordinances as well as resolutions and decrees, the Government shall send the drafts thereof to Vietnam Fatherland Front’s Central Committee, Vietnam Labor Confederation’s Executive Committee and central committees of mass organizations for comments.

The Government shall create favorable conditions for Vietnam Fatherland Front, Vietnam Labor Confederation and mass organizations to propagate and disseminate the legislation among population, encourage and organize people to participate in the building and strengthening of the people’s administration, organize the implementation of the State’s undertakings, policies and laws and supervise activities of the State agencies, people-elected deputies as well as State officials and public servants.

The Government and its members shall have to study, settle and respond to proposals of Vietnam Fatherland Front, Vietnam Labor Confederation and mass organizations.

Article 40.- The Government shall coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in the struggle to prevent and preclude crimes and violations of the Constitution and laws, thus firmly maintaining the State’s discipline and laws, achieving socio-economic targets and materializing the State’s undertakings and policies.

The Government shall invite the chief judge of the Supreme People’s Court and the chairman of the Supreme People’s Procuracy to attend its meetings for discussion of relevant issues.

Article 41.- The Government’s operation funds shall be decided by the National Assembly and be channeled from the State budget.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 42.- This Law replaces the September 30, 1992 Law on Organization of the Government. All the earlier provisions contrary to this Law are hereby annulled.

Article 43.- The Government shall detail the implementation of this Law.

This Law was passed by the Xth National Assembly of the Socialist Republic of Vietnam on December 25, 2001 at its 10th session.

 

NATIONAL ASSEMBLY CHAIRMAN Nguyen Van An