Chương 5 Luật Tổ chức Chính phủ 2001: Chế độ làm việc và quan hệ công tác của chính phủ

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.