Chương 4 Luật Tổ chức Chính phủ 2001: Bộ, cơ quan ngang bộ

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.