Chương II Luật Tổ chức Chính phủ 2015: Nhiệm vụ và quyền hạn của chính phủ

Chapter II

DUTIES AND POWERS OF THE GOVERNMENT

Article 6. Duties and powers of the Government to organize the enforcement of the Constitution and legislation

1. Punctually and sufficiently introduce legal documents to enforce the Constitution, legislation, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, orders and decisions of the President of Vietnam, and to implement assigned duties and delegated powers; ensure the constitutionality, legality and consistency in legislative documents of the Government, the Prime Minister, the Ministers, the Heads of the Ministry-level agencies and local governments; examine the implementation of such instruments as well as deal with any instruments in breach of the Constitution and legislation.

2. Decide on measures to organize the implementation of the Constitution, legislation, the National Assembly’s resolutions, ordinances, resolutions of the National Assembly Standing Committee, orders and decisions of the President of Vietnam; direct and examine the implementation of resolutions, decrees and action plans of the Government.

3. Lead and direct the work of propagating, disseminating and educating people on the Constitution and legislation; provide necessary conditions such as facilities, personnel and other resources to enforce the Constitution and legislation; consistently manage justice administration, assistance, state compensation and court judgment enforcement affairs.

4. Aggregate and assess the result of enforcement of the Constitution, legislation and report to the National Assembly, the National Assembly Standing Committee and the President of Vietnam in accordance with legal regulations.

Article 7. Duties and powers of the Government to plan policies and propose law and ordinance projects

1. Suggesting and formulating the strategy, program, planning, proposal, policy and other program or project for submission to the National Assembly and the National Assembly Standing Committee for consideration and decision.

2. Grant a decision on the strategy, planning, proposal, policy and other program or project within its jurisdiction.

3. Prepare law and draft resolution projects for submission to the National Assembly, and ordinance and draft resolution projects for submission to the National Assembly Standing Committee.

4. Report to the National Assembly and the National Assembly Standing Committee on the Government’s opinions on law and ordinance projects submitted by agencies, organizations and the National Assembly’s deputies.

Article 8. Duties and powers of the Government to manage and develop the economy

1. Execute the consistent state management of national economy, promote the development of socialist-oriented market economy; assure the macroeconomic stability and major balances of the economy; reinforce and develop the state economy; encourage economic links between regions; make the best use of potentials of economic sectors and social resources so as to develop the national economy in a rapid and sustainable manner.

2. Establish and organize the implementation of institutions of socialist-oriented market economy, create the equity, competition and cooperation between entities coming from different economic sectors; form and enhance economic elements and ensure the effective operation of a wide variety of markets.

3. Formulate basic socio-economic development objectives, criteria, policies and tasks in the country for submission to the National Assembly; decide specific policies on finance, national currency, salary and price. Decide, direct and organize the execution of the strategy, planning and proposal for socio-economic development.

4. Submit the state budget estimate and central budget distribution plan on an annual basis; state budget balance, or balance of state budget for national important programs or projects in which the plan for investment is approved by the National Assembly; organize and direct the execution of the state budget under the resolution issued by the National Assembly. Report to the National Assembly on the state financial situation and fiscal risks associated with the requirements for assurance that the state budget would be sustainable and the public debt is maintained at the safe level.

5. Decide specific policies on industrialization, modernization and international economic integration, and agricultural development and new rural construction.

6. Function as the representative of the owner of public property of all the people, and the owner of state-owned capital portion invested in the state-owned enterprise in accordance with legal regulations. Consistently manage and use national resources in an effective manner; consistently manage use of the state budget, other public property and implement financial practices in accordance with legal regulations applicable to state organs; implement policies on reduction in spending and prevention of extravagance.

7. Consistently manage international economic integration activities on the basis of promoting national internal resources and developing various forms of economic cooperation with countries, territories and international organizations in principle that independence, sovereignty and mutual benefit would be respected as well as domestic production would be promoted. Decide specific policies on promotion of enterprises that belong to different economic sectors. Enthusiastically and actively carry out international economic integration; promote outward investments and create favorable conditions to enable Vietnamese expatriates to make their investments in their home countries.

8. Direct, organize and manage implementation of accounting and statistical tasks of the State.

Article 9. Duties and powers of the Government to manage natural resources, environment, and respond to climate change

1. Carry out the consistent state management of natural resources, environment and response to climate change; organize the planning, proposal and establishment of policies on protecting, improving and enhancing the environmental quality; have initiative in preventing and controlling natural disasters, and respond to the climate change.

2. Manage and use natural resources associated with environmental protection in an effective manner; preserve nature and biodiversity; develop clean energy, production and consumption; develop environment-related and waste treatment services.

3. Consistently manage, improve the quality of operations relating to researches, meteorological and hydrological forecast, climate change and environmental impact assessment in order to show initiative in implementing measures to prevent and mitigate disaster disasters and respond to the climate change.

4. Decide on specific policies on protecting, improving and preserving environment; direct greater concentration on dealing with environmental degradation at significant regions; control environmental pollution, respond to and confront environmental emergencies.

5. Implement policies on protecting, improving, renewing and using a wide range of natural resources in a proper manner.

Article 10. Duties and powers of the Government to manage science and technology

1. Execute the consistent state management and development of science and technology activities, product quality standards, control and measurement, and intellectual property and technology transfer.

2. Direct implementation of policies and plans for scientific and technological development; apply scientific and technological advances in an effective manner.

3. Decide specific policies on science and technology with the aim of developing science and technology markets.

4. Mobilize social resources to develop science and technology, and diversify and use investments in scientific and technological development in an efficient manner; prioritize to invest in development of modern sciences and technologies, high technologies and fundamental sciences; concentrate on technological sectors of which Vietnam has more advantages.

5. Set up the mechanism and policy that enable all the people to engage in and enjoy benefits from science and technology activities.

Article 11. Duties and powers of the Government in education and training

1. Carry out the consistent state management of the national education system.

2. Decide specific policies on education so as to ensure that educational development will meet socio-economic development demands; prioritize investments and encourage all kinds of resources to develop education and training, and increase people’s intellectual standards of the people, train personnel, and nurture and provide favorable conditions for talents to demonstrate their ability.

3. Establish the mechanism and policies to make best use of social resources to serve the purpose of developing education and training; provide conditions for creation of a learning society.

4. Prioritize educational development at mountainous regions, islands and ethnic minority areas as well as those faced with extremely difficult socio-economic conditions; enable the disabled and the poor to have access to opportunities for knowledge acquisition and vocational education.

Article 12. Duties and powers of the Government to manage culture, sports and tourism

1. Carry out the consistent state management and cultural, sports and tourism development.

2. Decide specific policies on developing Vietnamese advanced culture imbued with national identity and unifying a variety of Vietnamese ethnic communities characterized by national values, humanity, democracy and science; protect and uphold values of cultural heritages; encourage talents to develop their ability in cultural and arts creativity.

3. Decide specific policies on development of physical exercise and sports affairs; prioritize investments and mobilize social resources to develop professional and high-achievement sports.

4. Establish the mechanism and policies on tourism development; improve the quality of domestic tourism operations and international tourism development.

Article 13. Duties and powers of the Government to manage information and communications

1. Carry out the consistent state management and development of information and communication activities.

2. Establish policies and measures to develop, manage and ensure security and safety for the information and communication system; apply information and communication science and technology to the socio-economic development.

3. Establish and develop the electronic government, and provide necessary conditions to enhance application of computer science to the state management and spreading of information to the people in accordance with legal regulations.

4. Decide and direct implementation of measures to prevent the spreading of poisonous ideologies and cultures, and distorted and misrepresented information causing harm to national interests, and ruining elegant personality, moral values and lifestyles of Vietnamese people.

Article 14. Duties and powers of the Government to manage healthcare, and take care of the people’s health and population

1. Carry out the consistent state management in affairs concerning medicine and healthcare of the people and population.

2. Invest in and develop healthcare workforce with higher quality standards; develop Vietnamese healthcare system with a view to combining the preventive medicine with medical examination, treatment as well as combining modern medicinal practices and traditional ones; develop the pharmaceutical industry with a view to make it modern and ensure sufficient supply of medicines and medical equipment to meet the increasing demands for daily healthcare of the people.

3. Generate finances for healthcare affairs in a sustainable manner in order to protect and take care of the people’s health based on the practice of all-people health insurance.

4. Establish policies on taking care of the people’s health for submission to the National Assembly for decision, or exercise their delegated powers to implement priority policies on healthcare for ethnic minority communities, or communities living in mountainous regions, islands and those faced with extremely special socio-economic conditions.

5. Consistently manage and implement policies on population and family planning. Maintain the relevant scale and structure of population, and improve the population quality and residential distribution in relevance to the demands for the socio-economic and urban development across the nation.

Article 15. Duties and powers of the Government to implement social policies

1. Carry out the consistent state management in implementation of social policies.

2. Decide specific policies on human resource development; carry out the career orientation, create employments and improve working conditions; increase the labor productivity; protect lawful rights and interests of employees and employers; create conditions for building advanced, harmonized and stable labor relationships.

3. Implement policies on commendation, reward and preference granted to people and families that performed meritorious services towards the nation. Develop the social security system; direct implementation of programs on hunger eradication and poverty reduction; carry out social assistance and put forward policies on providing assistance for the elderly, the disabled and the poor as well as the underprivileged; prepare policies on housing development and enable all the people to have access to accommodations.

4. Direct and organize the implementation of policies on guaranteeing the equality, prosperity and happiness for all Vietnamese families; make sure that men and women are vested with equal rights in terms of politics, economy, culture, society and family issues; protect and take care of health of mothers and children; adopt measures to prevent and struggle against violence or humiliation of human dignities of women and children.

5. Organize and provide favorable conditions for young people to take part in learning, working and recreational activities, and boost up their physical and intellectual capability, and take part in courses on codes of conduct, traditional values and citizen’s awareness and encourage young people to demonstrate their best ability in working and creativity with the aim of national construction and protection.

6. Organize the implementation of measures to prevent, combat and control social evils.

Article 16. Duties and powers of the Government in ethnicity affairs

1. Establish and propose the State’s ethnicity policies to the National Assembly to obtain their decision.

2. Decide specific policies aimed at ensuring the equity, solidarity, respect and support for the sake of mutual development for all ethnic communities; prohibit ethnic discrimination and conflicts; establish the social equality between ethnic groups, rights to use their native written and oral languages; preserve ethnic identity and uphold customs, rites and traditional and cultural values of all ethnic groups.

3. Decide specific policies and measures to prioritize comprehensive development, and enable ethnic minorities to make best use of their resources to together develop the country; develop infrastructural facilities and execute programs or projects for socio-economic development, and step by step improve material and spiritual life of ethnic minorities.

4. Implement the planning and proposal to train and utilize employees coming from ethnic minorities.

Article 17. Duties and powers of the Government in belief and religion affairs

1. Establish and propose the State’s religion policies to the National Assembly.

2. Manage and organize the implementation of religion polices and ensure the freedom of belief and religion whereby a citizen has the right to decide whether (s)he follows a religion.

3. Ensure the legal equality between religions; prohibit any breach of the religion and belief freedom, or misuse of the belief and religion freedom to commit law violations.

Article 18. Duties and powers of the Government to manage national defence

1. Carry out the consistent state management of the national defence system.

2. Implement policies and laws on construction of the people’s army having the revolutionary spirit, and organized in a regular, elite and gradually modern manner, and constituted by appropriate standing force, large reserve force, and solid and widespread self-defense forces, as well as playing a key role in performing national defence duties and fulfilling international obligations.

3. Educate all the people on national defence and security, consolidate and strengthen all-people national defence, form the all-people national defence posture in conjunction with the people’s security position, and integrate economy into national defence and security. Organize the implementation of measures to protect the nation’s independence, sovereignty, unification and territorial integrity, and contribute to protection of peace in the region and across the globe.

4. Organize the execution of general or partial mobilizations, state of emergency declarations, and implement necessary measures to protect the nation, human lives and assets of the people.

5. Develop national defence and security industry, ensure an adequate amount of military equipment provided for the people's armed forces, implement incentive policies, guarantee an acceptable living standard both in material and spiritual aspects for national defence officials, soldiers, civil servants and public employees and ensure logistical services for the army.

Article 19. Duties and powers of the Government to manage decipher affairs

1. Carry out the consistent state management of deciphers.

2. Implement policies and laws in order to make a regular and modern decipher force which is organized in a consistent and firm manner and meets the demand for protection of state secrets.

3. Establish and develop national encrypted data system, dedicated digital signature authentication system and information security supervision system on the information technology deciphering network administrated by organs of the Communist Party and the State; manage research, development, trading and use of codes.

4. Implement preferential policies and give guarantees for secure material and spiritual life for deciphering officers.

Article 20. Duties and powers of the Government to manage the national security, social order and safety

1. Carry out the consistent state management of national security, social order and safety.

2. Implement policies and laws on construction of the people’s police force having the revolutionary spirit, and organized in a regular, elite and gradually modern manner as well as playing a key role in performing their duties to protect national security and guarantee social order and safety, prevent and combat criminals.

3. Organize the implementation of policies and laws on establishing the foundation for the people’s security, and movements which all the people will get involved in to protect national security, and keep political system firmly stable, prevent and combat crimes, violations against laws, and guarantee social order and safety.

4. Implement preferential policies and give guarantees for secure material and spiritual life as well as policies for civil servants, soldiers and public security employees.

Article 21. Duties and powers of the Government to protect rights and interests of the State and society, human and civil rights

1. Propose and submit measures to protect rights and interests of the State and society, and human and civil rights to the National Assembly, the National Assembly Standing Committee and the President of Vietnam for decision.

2. Decide specific measures to protect rights and interests of the State and society, and human and civil rights.

3. Enable citizens to exercise their rights and fulfill their obligations under the provisions of the Constitution and legislation.

Article 22. Duties and powers of the Government in foreign and international integration affairs

1. Carry out the consistent state management of foreign affairs and international integration; establish and propose fundamental foreign policies to the National Assembly.

2. Organize the implementation of the foreign policy line of independence, self-reliance, peace, friendship, cooperation and development, and multilateralization and diversification of international relations; proactively and actively engage in international integration and cooperation in the principles of respect for each other's independence, sovereignty and territorial integrity, and non-interference in each other's international affairs as well as equality and mutual benefit; decide policies and measures to enhance and expand international relations with foreign countries and international organizations; protect independence, sovereignty and territorial integrity and national interests as well as increase Vietnam's position in the international arena.

3. Request the National Assembly and the President of Vietnam to consider, decide ratification, accession to or cancellation of International Agreements under the authority of the National Assembly and the President of Vietnam. Organize the negotiation and conclusion of International Agreements in the name of the State as authorized by the President of Vietnam. Decide the conclusion, accession to, ratification or cancellation of International Agreements in the name of the Government.

4. Decide and direct the implementation of specific policies on cooperations in the economy, science and technology, education and training, culture and other fields with nations, territories and international organizations; develop and intensify foreign information affairs.

5. Request the Council on national defence and security to decide, or decide the participation of the People’s armed force in activities to contribute to protecting peace in the region and in the globe.

6. Organize and direct operations of the State's representative offices in foreign countries and international organizations; protect lawful interests of Vietnamese organizations, citizens and Vietnamese people settling in overseas countries; supervise operations of foreign organizations or individuals in Vietnam in accordance with Vietnam’s laws and the international agreements to which the Socialist Republic of Vietnam is a signatory.

7. Decide specific policies to encourage Vietnamese people settling overseas to form solid communities, preserve respectful cultural heritages and traditional values of Vietnamese people, maintain a close relationship with their families and homeland, and contribute to the construction of homeland and country.

Article 23. Duties and powers of the Government to manage the State’s administrative organizational machinery, civil services, civil servants and public employees, and emulation and reward activities

1. Carry out the consistent state management of administrative organizational machinery, and civil services, civil servants and public employees.

2. Request the National Assembly to decide the organizational structure of the Government; establish or close any Ministry or Ministry-level agencies; establish, dissolve, merge, split and adjust administrative divisions of a centrally-affiliated city or province (hereinafter referred to as provincial level), special administrative – economic units; request the National Assembly Standing Committee to decide to establish, dissolve, merge, split and adjust administrative divisions at the level inferior to the provincial level.

3. Decide to establish, merge and dissolve Government agencies; stipulate functions, tasks, powers and organizational structure of Ministries, Ministry-level agencies and Government agencies; regulate organization of professional affiliates of the provincial People’s Committee and the People’s Committee of rural districts, urban districts, district-level towns, provincial cities and municipality-controlled cities (hereinafter referred to as district level).

4. Carry out the consistent state management of officials, civil servants and public employees as well as civil services at state organs and public non-business units; manage public personnel structure and the number of employees working for state administrative agencies, public non-business units at the central level through the local level.

5. Carry out the consistent state management and organize the implementation of regulations on salary, allowances and other regulations or policies applicable to officials, civil servants and public employees working for state organs at the central level through the local level.

6. Direct the state administrative and civil service reform; ensure that the administrative system has the consistency, transparency, continuity, democracy, clarity, professionalism, modernity, effectiveness, efficiency, and serves the People and is subjected to the People's examination and supervision.

7. Carry out the consistent state management in relation to organization and operation of associations and non-governmental organizations.

8. Carry out the consistent state management of emulation and reward activities.

Article 24. Duties and powers of the Government to carry out inspection, examination, citizen reception, and resolve complaints, indictments, and prevent and combat bureaucracy, corruption and extravagance

1. Carry out the consistent state management of inspection, examination, citizen reception, and resolution of complaints, indictments, and prevention and control of bureaucracy, corruption and extravagance in the state machinery.

2. Direct the performance of duties to prevent and combat bureaucracy, corruption and extravagance in operations of the state machinery and socioeconomic activities.

3. Examine the performance of task of preventing and combating bureaucracy, corruption and extravagance.

Article 25. Duties and powers of the Government in local governments

1. Execute the decentralization, delegation of powers to local governments under the provisions of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee.

On the basis of guaranteeing the consistent central management, the Government shall decentralize authority to local governments to decide or perform several state management tasks in industries and fields within their areas in relevance to these local governments' conditions and capacity.

Based on local governments’ capacity and specific conditions, the Government can delegate its powers to local governments to perform certain duties as well as provide necessary conditions to ensure such duties are fulfilled.

2. Instruct and examine the People’s Council in terms of its implementation of the Constitution, laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President of Vietnam, and resolutions and decrees of the Government, and decisions and directives of the Prime Minister; inspect the constitutionality and legality of resolutions issued by the People’s Council; provide necessary conditions for the People’s Council to implement their delegated duties and powers as stated in laws.

3. Lead, direct, provide guidance on, inspect and check the performance of the People's Committee at all levels.

4. Handle recommendations made by the People’s Council, the People’s Committee and the electorate.

5. Set out regulations and policies on positions held in the People’s Council and the People’s Committee at all levels.

Article 26. Relationship of the Government with the Central Committee of the Vietnam Fatherland Front Committee and socio-political organizations

1. The Government shall collaborate with the Central Committee of the Vietnam Fatherland Front Committee and central organs of socio-political organizations in implementation of its duties and powers.

2. The Government, the Central Committee of the Vietnam Fatherland Front Committee and central organs of socio-political organizations shall adopt regulations on collaboration in task performance.

3. When preparing law projects, draft resolutions for submission to the National Assembly, and ordinance projects and draft resolutions for submission to the National Assembly Standing Committee, and draft decrees of the Government, the Government shall send draft documents to the Central Committee of the Vietnam Fatherland Front Committee and central organs of relevant socio-political organizations for consultation.

4. The Government shall regularly notify the Central Committee of the Vietnam Fatherland Front Committee and central organs of socio-political organizations of socio-economic situations and decisions or policies of the Government in relation to various social classes.

5. The Government shall provide favorable conditions for the Central Committee of the Vietnam Fatherland Front Committee and central organs of socio-political organizations to disseminate and communicate laws amongst the people, and encourage and mobilize the people to get involved in establishing and consolidating the people’s government, and organize the implementation of the State’s intentions, policies and laws, and supervise the performance of state organs, elected delegates of the people, officials, civil servants and public employees.

6. The Government shall be responsible for examining, handling and responding to recommendations of the Central Committee of the Vietnam Fatherland Front Committee and central organs of socio-political organizations.

Article 27. Responsibilities of the Government

1. The Government shall be responsible to the National Assembly for its implementation of powers and duties, and the result, efficiency and effectiveness in management and administration of the state administrative machinery, and policies suggested to competent government agencies.

2. The Government shall submit the report on its performance to the National Assembly, the National Assembly Standing Committee and the President of Vietnam twice a year.

The Government shall submit the occasional report on its performance upon the request of the National Assembly, the National Assembly Standing Committee and the President of Vietnam.