Chương I Nghị định 123/2016/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ, cơ quan ngang Bộ: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree generally provides the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below collectively referred to as ministries); tasks, powers and responsibilities of Ministers and Heads of ministerial-level agencies (below collectively referred to as Ministers).

2. The specific functions, tasks and powers of ministries to manage sectors or fields must comply with decrees defining their functions, tasks, powers and organizational structures.

3. The provisions of this Decree on the organizational structures of ministries do not apply to the Ministry of National Defense and the Ministry of Public Security.

4. The names of ministries and the names of organizations and units of ministries shall be translated into foreign languages for international transactions under the guidance of the Ministry of Foreign Affairs?

Article 2. Positions and functions of ministries

Ministries are governmental agencies performing the state management of one or several sectors or fields and public services within these sectors or fields nationwide.

Article 3. Ministers

1. Ministers are members of the Government, act as heads of then ministries, and shall lead the work of their ministries; shall perform the state management of assigned sectors or fields; and shall organize and monitor the implementation of laws concerning assigned sectors or fields nationwide.

2. Ministers shall work under the regime of headship and the working regulation of the Government, ensuring the principle of democratic centralism.

Article 4. Deputy Ministers and Deputy Heads of ministerial-level agencies

1. Deputy Ministers and Deputy Heads of ministerial-level agencies (below collectively referred to as Deputy Ministers) shall assist Ministers in performing one or several tasks as assigned by Ministers, and be answerable to Ministers and responsible before law for their assigned tasks. A Deputy Minister may not act concurrently as a head of an organization or unit of his/her ministry, except special cases.

In the absence of a Minister, a Deputy Minister authorized by the Minister shall administer and settle on the latter’s behalf affairs of his/her ministry.

2. The number of Deputy Ministers must comply with the Law on Organization of the Government.

Article 5. Principles of organization and operation of ministries

1. To clearly define tasks, powers and responsibilities of ministries and Ministers; to uphold the personal responsibility of Ministers for all activities of their ministries.

2. To organize working apparatuses of ministries as institutions capable of multi-sector management and in a neat, effective and efficient manner; to establish a new institution only when the law-prescribed conditions are satisfied.

3. To clearly define tasks and powers of agencies, organizations and units of a ministry, ensuring that their tasks are neither overlapped nor omitted.

4. To ensure publicity, transparency and modernity of operations of ministries.