Chương 1 Luật Tổ chức Chính phủ 2001: Những quy định chung

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.