Chương 2 Luật Tổ chức Chính phủ 2001: Nhiệm vụ và quyền hạn của chính phủ

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.