Chapter III
DUTIES AND POWERS OF THE PRIME MINISTER
Article 28. Duties and powers of the Prime Minister
1. Lead the tasks of the Government; lead the formulation of policies and organize the implementation of laws; prevent and combat bureaucracy, corruption and extravagance as follows:
a) Lead and direct formulation of law projects, ordinances and draft resolutions for submission to the National Assembly and the National Assembly Standing Committee;
b) Lead and direct formulation of legislative documents, strategies, proposals, plans, policies and other projects under the decision-making authority of the Government and the Prime Minister;
c) Direct, regulate and collaborate in operations of the cabinet members; make a decision on dealing with discrepancies between Ministers and Heads of Ministry-level agencies;
d) Lead the performance of duties to prevent and combat bureaucracy, corruption and extravagance in operations of the state machinery and socioeconomic activities;
dd) Guide and direct the President of the provincial People’s Committee to implement legal regulations and programs, plans and strategies of the Government in terms of economic management, culture, society and national defence and security;
e) Lead, direct inspection and settlement of violations in the course of implementation of the Constitution and legislation across the country.
2. Lead and take responsibility for operations of the state administrative system at the central level through the local one, and ensure the consistency, transparency and continuity of the national administrative foundation as follows:
a) Manage and direct operations of the state administrative system at the central level through the local one during the process of serving the people, and implement duties to develop economy, culture, society as well as improve national defence and security;
b) Direct and ensure the consistency in management of officials, civil servants and public employees in the state administrative system at the central level through the local one;
c) Lead, direct and organize the inspection and examination of rendering of civil services carried out by officials and civil servants in the state administrative system;
d) Lead and direct inspection and examination of management of officials, civil servants and public employees in the state administrative system at the central level through the local one;
dd) Decide the decentralization to disperse powers to manage civil servants and public employees in state administrative organs that belong to the government machinery;
e) Lead and direct management and administration of all facilities, finances and state budget resources used for supporting operations of the state machinery;
g) Authorize Deputies of the Prime Minister and Ministers or Heads of Ministry-level agencies to implement one or several duties under the authority of the Minister;
h) Lead and direct the work of administrative and civil service reform in the state administrative system at the central level through the local one;
i) Lead, direct and check activities of Ministers, Heads of Ministry-level agencies, local governments and heads of organs or agencies in the state administrative system at the central level through the local one.
3. Request the National Assembly to ratify the proposal to appoint, discharge and dismiss the Deputies of the Prime Minister, Ministers and other cabinet members; during the National Assembly's meeting, request the President of Vietnam to decide the temporary suspension of the capacity of the Prime Minister's Deputies, Ministers and other cabinet members.
4. Request the National Assembly Standing Committee to ratify the appointment and discharge of Ambassadors Extraordinary and Plenipotentiary of the Socialist Republic of Vietnam
5. In between the National Assembly’s meetings, decide to choose acting Ministers or Heads of Ministry-level agencies upon the request of the Minister of Home Affairs in case there is any vacancy for a Minister or Head of a Ministry-level agency. In between the provincial People’s Council’s meetings, decide to choose acting Presidents of the provincial People’s Committee upon the request of the Minister of Home Affairs in case there is any vacancy for a President of the provincial People’s Committee.
6. Decide the appointment, discharge, dismissal and resignation of Deputy Ministers, equivalent positions of Ministries and Ministry-level agencies; decide the appointment, discharge and resignation of heads and vice heads of Government agencies.
7. Ratify the election, discharge and dispatch, work suspension and dismissal of the President and Vice President of the provincial People’s Committee. Request the President of the provincial People’s Committee to suspend and discharge the President and Vice President of the People's Committee at the inferior level if they fail to perform duties delegated by competent authorities or they commit law violations.
8. Suspend the enforcement or abolishment of documents issued by Ministers, Heads of Ministry-level agencies, the People's Committees and Presidents of the provincial People’s Committees which are in breach of the Constitution, legislation and documents of state organs at the superior level; suspend the implementation of resolutions of the provincial People's Council in breach of the Constitution, legislation and documents issued by state organs at the superior level, and concurrently request the National Assembly Standing Committee to abolish them.
9. Decide and direct the negotiation, and direct conclusion of and accession to International Agreements under the authority of the Government; organize the implementation of the international agreements to which the Socialist Republic of Vietnam is a signatory.
10. Decide criteria and conditions for establishment or dissolution of particular and specialized professional affiliates of the People's Committee at the provincial and district level. Decide establishment of other agencies or organizations affiliated to the provincial People’s Committee; decide establishment of the councils, committees or others when necessary in order to assist the Prime Minister to examine, direct and collaborate in dealing with important interdisciplinary issues.
11. Convene and preside at the Government’s meetings.
Article 29. Responsibilities of the Prime Minister
1. Take his responsibility to the National Assembly for the Government’s performance and state administrative system at the central level through the local one; for decisions and the result of implementation of his decisions within his/her delegated duties and powers.
2. Take on the performance reporting obligations of the Government and the Prime Minister; give explanations and answer questions in front of the National Assembly and National Assembly Standing Committee. If (s)he is absent, the Prime Minister’s Deputies shall be authorized to perform these tasks.
3. Implement regulations on report to the People through means of mass media in terms of important issues under the decision-making authority of the Government and the Prime Minister.
Article 30. Authority to issue documents
1. The Prime Minister shall promulgate legislative documents within his/her jurisdiction so as to perform his/her duties and powers, and inspect the implementation of such documents and deal with documents in breach of the Constitution and legislation.
2. The Prime Minister shall act on behalf of the Government to sign the Government’s documents; issue decisions, directives and instructions, and examine the implementation of such documents in state administrative organs at the central level through the local one.
Article 31. Deputy Prime Minister
1. The Deputy Prime Minister shall assist the Prime Minister in performing duties as assigned by the Prime Minister, and shall be responsible to the Prime Minister for performance of these assigned duties.
2. When the Prime Minister is absent, one Deputy Prime Minister shall be authorized by the Prime Minister to act on behalf of the Prime Minister to lead the Government’s tasks.
Tìm kiếm
Luật Tổ chức Chính phủ 2015 (Bản Word)
Luật Tổ chức Chính phủ 2015 (Bản Pdf)