Chương IV 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: Nhiệm vụ, quyền hạn và trách nhiệm của bộ trưởng

Chapter IV

TASKS, POWERS AND RESPONSIBILITIES OF MINISTERS

Article 24. Tasks and powers of ministers toward their ministries

1. To lead, direct and take personal responsibility for all aspects of work of their ministries; to direct units of their ministries in implementing approved strategies, master plans, plans, programs and projects, and perform tasks of their ministries assigned by the Government.

2. To promulgate according to their competence or submit to the Government or Prime Minister for promulgation legal documents and policies on development of their ministries’ assigned sectors and fields; to guide, review and organize the implementation of such documents.

3. To carry out the recruitment, appointment, relief from duty, dismissal, permission for resignation, suspension from the work, transfer, rotation, evaluation, planning, training, retraining, commendation, rewarding and disciplining of civil servants and public employees, and decentralize powers for management of civil servants and public employees to attached organizations and units in accordance with law.

4. To decide on decentralization of powers and authorization to attached organizations or units.

5. To decide on programs on scientific and technological research, and application of scientific or technological advances; standards, processes, regulations and technical- economic norms of sectors and fields according to their competence.

6. To decide on the establishment of interdisciplinary coordination organizations in accordance with law.

7. To decide on the appointment, relief from duty, dismissal, permission for resignation or suspension from work of general directors of general departments after receiving the Prime Minister’s opinions.

8. To decide on the appointment, relief from duty, dismissal, permission for resignation, suspension from work, commendation, rewarding and disciplining of deputy general directors of general departments and heads and deputy heads of departments, bureaus/agencies/authorities, inspectorates, offices and public non-business units of their ministries and divisions of departments (if any), divisions of ministerial inspectorates and divisions of ministerial offices in accordance with law.

To decide on the decentralization of powers for appointment, relief from duty, dismissal, permission for resignation and suspension from work of heads and deputy heads of organizations and units of general departments, bureaus/agencies/authorities and public non-business units of their ministries with law.

9. To lead and direct the inspection and examination of the implementation of laws in their ministries’ assigned sectors or fields nationwide.

10. To manage and organize the effective use of working offices, assets and equipment, finance and state budgets allocated to them; to decide on measures to prevent and combat corruption, practice thrift and combat waste and manifestations of bureaucracy and authoritarianism in their ministries’ assigned sectors and fields.

11. To promulgate their ministries’ working regulations, and direct and inspect the implementation of these regulations.

12. To lead and direct the administrative reform and reform of the regime of official duties and civil servants in sectors and fields under their ministries’ state management.

13. To take the initiative in closely coordinating with agencies of the Party, National Assembly, Supreme People’s Court, Supreme People’s Procuracy, Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations; to give explanations about matters of concern of the Ethnic Council or National Assembly Committees; to answer questions raised by National Assembly deputies and petitions of voters, the Vietnam Fatherland Front and socio-political organizations on matters under their ministries’ management.

14. To perform other tasks assigned by the Government or Prime Minister.

Article 25. Tasks and powers of ministers in relationship with ministries and government-attached agencies

1. To guide, inspect and coordinate with ministries and government-attached agencies in performing tasks in their assigned sectors and fields.

2. To propose other Ministers to suspend the implementation of, or annul, regulations promulgated by other ministries in contravention of the Constitution, laws or documents of superior state agencies or their ministries on sectors or fields under their ministries’ management. In case their proposals are not approved, they may be submitted to the Prime Minister for decision.

3. To assume the prime responsibility for, and coordinate with other Ministers in, settling matters related to sectors or fields under their ministries state management.

Article 26. Tasks and powers of ministers in relationship with local administrations

1. To direct, guide and inspect People’s Committees at all levels to perform tasks in their assigned or decentralized sectors and fields, and those assigned by the Government or Prime Minister.

2. To decide on decentralization of powers to or authorization for local administrations in accordance with law to perform one or several tasks and powers within their ministries’ competence.

3. To propose the Prime Minister to suspend the implementation of resolutions of provincial-level People’s Councils in contravention of the Constitution, laws or documents or superior state agencies on sectors or fields under their ministries’ management.

4. To propose provincial-level People’s Committees or chairpersons of provincial- level People’s Committees to suspend the implementation of, or annul, their documents that contravene documents on assigned sectors or fields. In case provincial-level People’s Committees or chairpersons of provincial-level People’s Committees refuse proposals, they shall report such to the Prime Minister for decision.

5. To respond to proposals of chairpersons of provincial-level People’s Committees according to their competence and give written replies within the prescribed time limit.

Article 27. Responsibilities of ministers toward the Government and Prime Minister

1. To be personally responsible to the Prime Minister and Government for assigned sectors and fields; for results and effectiveness and efficiency of operation of their ministries; and for their decisions and results of implementation of such decisions within their assigned tasks and vested powers; to perform the tasks of government members, and together with other government members to assume the collective responsibility for the operation of the Government.

2. To report on their work to the Government and Prime Minister.

3. Not to transfer affairs falling under their tasks and competence to the Prime Minister. For matters falling beyond their competence or related to other ministries, to take the initiative in working with the related ministers to make complete dossiers of these matters for submission to the Government or Prime Minister for consideration and decision.

Article 28. Responsibilities of ministers toward the National Assembly, National Assembly Standing Committee, National Assembly agencies and deputies, voters and the People

1. To make reports and explanations and answer questions raised by the National

Assembly and National Assembly Standing Committee; to provide necessary documents at the request of the National Assembly Standing Committee, Ethnic Council or National Assembly Committees.

2. To respond to recommendations of the Ethnic Council or National Assembly Committees in accordance with law.

3. To respond to questions raised by National Assembly deputies and petitions of voters on matters in sectors and fields under their ministries’ state management.

4. To make reports to the People on important issues under their management.

Article 29. Responsibilities of ministers toward socio-political organizations

1. To coordinate with the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations in performing their tasks and exercising their powers.

2. To collect opinions of the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations on draft legal documents in accordance with the law on promulgation of legal documents.

3. To consider and respond to petitions of the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations.

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