Chương I Luật Tổ chức Chính phủ 2015: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Position and functions of the Government

The Government is the highest administrative organ of the Socialist Republic of Vietnam, exercises the executive powers and is the executive branch of the National Assembly.

The Government shall be held accountable to the National Assembly and responsible to the National Assembly, the Standing Committee of the National Assembly and the President.

Article 2. Organizational structure and members of the Government

1. The Government shall be composed of the Prime Minister, Deputy Prime Ministers, Ministers and Heads of Ministry-levels. The structure and number of Government members shall be submitted by the Prime Minister to the National Assembly for decision.

2. The organizational structure of the Government shall be composed of Ministries and ministerial-level agencies.

Request for the National Assembly's decision on establishment or dissolution of a Ministry or ministerial-level agency shall be submitted by the Government.

Article 3. Tenure of the Government

Tenure of the Government shall coincide with that of the National Assembly. When tenure of the National Assembly ends, the Government shall continue to perform its duties until the new Government is established by the newly-elected National Assembly.

Article 4. Prime Minister

1. The Prime Minister shall be chosen by the deputies of the National Assembly upon the request of the President.

2. The Prime Minister is the head of the Government and the State administrative system.

Article 5. Principles of organization and operation of the Government

1. Comply with the Constitution and legislation, and rule over society by the Constitution and legislation, and implement the principle of democratic concentration; ensure the sexual equality.

2. Clearly distinguish between duties, powers and responsibilities of the Government and the Prime Minister and those of Ministers and Heads of Ministry-level agencies, and functions and governing scope of Ministries and Ministry-level agencies; enhance personal responsibilities of heads.

3. Set up the administrative machinery of government in a lean, dynamic, efficacious and efficient manner; guarantee to adhere to the principle that inferior government agencies should submit to the leadership, directions and strictly comply with decisions of superior government agencies.

4. Properly delegate and decentralize governing powers between the Government and local governments, and assure the consistent management power of the Government and promote initiative, creativity and responsible autonomy of local governments.

5. Clarify and modernize operations of the Government, Ministries, Ministry-level agencies and state administrative organs at all levels; ensure that the administrative system has the consistency, transparency, continuity, democracy and modernity, serves the people and is subject to the people’s inspection and supervision.