Chapter II
AFFAIR-HANDLING RESPONSIBILITY, SCOPE AND METHODS
Article 3. Affair-handling responsibility, scope and methods of the Government
1. The Government shall uniformly manage the state administrative system from central to local level; and fully perform its tasks and powers prescribed by the Constitution and law.
2. Affair-handling methods of the Government:
a/ To discuss and resolve at Government meetings;
b/ To send opinion collection cards to Government members.
3. The Government’s decisions shall be voted for by more than half of the total number of Government members. When voting on an issue at meetings as well as using opinion collection cards, if the numbers of votes for and votes against are equal, the issue shall be decided according to the Prime Minister’s vote.
4. The Government shall assign the Prime Minister to consider and decide on its behalf unexpected, urgent matters to be promptly settled within its competence or matters on which the Government has agreed in principle. The Prime Minister shall report on matters he/she has decided on at the nearest Government meeting.
5. The Government shall assign or delegate power to local administrations to decide or perform certain state management tasks within the sectors and fields in their localities in accordance with law and their conditions and capability.
Article 4. Issues to be discussed and resolved by the Government
1. The Government’s proposals on formulation of laws, ordinances and resolutions to the National Assembly and National Assembly Standing Committee; draft laws and resolutions to be submitted to the National Assembly, and draft ordinances and resolutions to be submitted to the National Assembly Standing Committee.
2. Long-term and annual socio-economic development strategies, master plans and plans; state budget estimates and annual central budget allocation plans; state budget final accounts.
3. Monthly, biannual and annual socio-economic situations and tasks and solutions to direct and manage the implementation of socio-economic development plans.
4. Organizational structure of the Government; establishment and abolition of ministries and ministerial-level agencies; establishment, consolidation and dissolution of government-attached agencies; establishment, dissolution, consolidation, division and adjustment of administrative boundaries of provinces, centrally run cities and special administrative-economic units.
5. Annual work programs of the Government; review of direction and management activities of the Government and Prime Minister and implementation of the Working Regulation of the Government.
6. Issues required by law to be discussed and resolved by the Government.
7. Other necessary issues as decided by the Prime Minister.
Article 5. Affair-handling responsibility, scope and methods of the Prime Minister
1. The Prime Minister shall fully perform the tasks and exercise the powers prescribed by the Constitution and law; lead the work of the Government; direct, moderate and coordinate activities among Government members; lead, direct and inspect activities of ministers, heads of ministerial-level agencies, local administrations, and heads of agencies and units within the state administrative system from central to local level; personally direct and administer important, strategic issues in all areas of work falling within the scope of the Government’s tasks and powers.
2. Affair-handling methods of the Prime Minister:
a/ To decide on and direct the formulation of legal documents, strategies, master plans, plans and policies within the deciding competence of the Government and Prime Minister, or propose and formulate policies and draft laws and ordinances to be submitted to the National Assembly or National Assembly Standing Committee for consideration and decision;
b/ To decide on the pilot implementation of mechanisms and policies on necessary issues according to regulations, serving as the basis for adjustment of mechanisms and policies or adoption of new ones;
c/ To personally handle or assign Deputy Prime Ministers to handle on his/her behalf affairs on the basis of dossiers submitted by ministries, agencies, localities, organizations or individuals and summarized in the affair-handling submission papers of the Government Office prescribed in Chapter III of this Regulation. In case of necessity, the Prime Minister may personally handle an affair on the basis of the dossier submitted by a ministry, an agency, a locality, an organization or an individual without requiring an affair-handling submission paper from the Government Office;
d/ To convene, preside over, and decide on matters put up for discussion at, Government meetings;
dd/ To personally or assign Deputy Prime Ministers to chair on his/her behalf over meetings and working sessions with leaders of related ministries, agencies or localities for consideration before decision;
e/ When considering it necessary on grounds of the importance and urgency of affairs, to personally direct the handling of affairs within the competence of ministers, heads of ministerial-level agencies or government-attached agencies or chairpersons of provincial- level People’s Committees;
g/ To authorize the Minister-Chairperson of the Government Office to chair meetings and working sessions with leaders of related ministries, agencies or organizations or individuals for handling matters on which there remain divergent opinions among these ministries and agencies before submission to the Government or Prime Minister for decision;
h/ To decide on matters on which there remain divergent opinions among ministers and heads of ministerial-level agencies before submission to the Government;
i/ To promulgate legal documents according to his/her competence; to sign on behalf of the Government documents of the Government; to issue documents to direct and administer the performance of tasks and exercise of powers according to regulations;
k/ To authorize a Government member to submit on behalf of the Government a scheme, a project, a draft document or a report of the Government before the National Assembly, President and other agencies according to regulations;
l/ To authorize a Deputy Prime Minister or a minister or the head of a ministerial- level agency to perform one or several tasks within the competence of the Prime Minister;
m/ To establish interdisciplinary coordination organizations to direct a number of complicated, important issues which are related to different sectors, fields and/or localities and take a long period to handle;
n/ When being absent and considering it necessary, to authorize the standing Deputy Prime Minister or another Deputy Prime Minister to lead on his/her behalf the Government’s work and handle affairs under the Prime Minister’s charge according to regulations;
o/ When a Deputy Prime Minister is absent, to personally handle or assign another Deputy Prime Minister to handle affairs already assigned to the absent Deputy Prime Minister;
p/ In addition to the above methods, to handle affairs through making working trips; examining and pressing for the implementation of mechanisms, policies and laws in localities and grassroots establishment; giving explanations and answer inquiries of National Assembly deputies and voter petitions; holding press conferences; and receiving citizens, and other methods.
Article 6. Affair-handling responsibility, scope and methods of Deputy Prime Ministers
1. The Prime Minister shall assign Deputy Prime Ministers to assist him/her in handling affairs on the following principles:
a/ Each Deputy Prime Minister shall assist the Prime Minister in performing the latter’s tasks in the working areas and scope of power assigned by the latter;
b/ Within the scope of his/her assigned working areas, a Deputy Prime Minister may use the powers of the Prime Minister and act on his/her behalf when handling affairs and is answerable to the Prime Minister and before law for his/her decisions;
c/ A Deputy Prime Minister shall proactively handle his/her assigned affairs and promptly report to the Prime Minister any major, important and sensitive matters that arise; in performing his/her tasks, should there arise matters related to the areas under the charge of another Deputy Prime Minister, he/she shall directly coordinate with the latter in handling these matters or handle these matters through affair-handling submission papers of the Government Office. In case Deputy Prime Ministers hold divergent opinions on an affair, the Deputy Prime Minister in charge of handling such affair shall report them to the Prime Minister for consideration and decision.
2. Affair-handling methods of Deputy Prime Ministers:
a/ To personally handle affairs on the basis of dossiers submitted by ministries, agencies, localities, organizations or individuals and summarized in the affair-handling submission papers of the Government Office prescribed in Chapter III of this Regulation. In case of necessity, a Deputy Prime Minister may personally handle an affair on the basis of the dossier submitted by a ministry, an agency, a locality, an organization or an individual without requiring an affair-handling submission paper from the Government Office;
b/ To assume the prime responsibility for handling matters which require interdisciplinary coordination and consider and handle proposals of ministries, agencies or localities which fall within the competence of the Prime Minister and within his/her assigned scope;
c/ To chair meetings and working sessions with leaders of related ministries, agencies and localities for consideration before decision;
d/ To direct, monitor and handle specific matters which fall within the competence of the Prime Minister; to sign on behalf of the Prime Minister documents which fall within the competence of the Prime Minister and within the scope of the working areas assigned by the Prime Minister;
dd/ Affair-handling methods prescribed at Point p, Clause 2, Article 5 of this Regulation.
Article 7. Affair-handling responsibility, scope and methods of Government members being ministers and heads of ministerial-level agencies
1. To fully perform the tasks and exercise the powers prescribed in the Constitution and law; to participate in handling common affairs of the Government collective; to join the Government collective in deciding on and taking joint responsibility for matters falling within the scope of the tasks and powers the Government.
2. To strictly implement decisions of the Government and Prime Minister, refraining from speaking and acting against these decisions. If having opinions different from such decisions, they shall still obey the decisions but may express their opinions on those matters to the Government collective and Prime Minister and reserve their opinions. If committing any violations, they shall, depending on their nature and severity, make self-criticisms and clearly determine their responsibility before the Government collective.
3. Affair-handling methods of Government members:
a/ To proactively and timely propose to the Government and Prime Minister undertakings, mechanisms, policies and legal documents that need to be promulgated or revised falling within the competence of the Government and Prime Minister;
b/ To proactively work with the Prime Minister or Deputy Prime Ministers or other Government members on affairs falling within the competence of the Government and Prime Minister and other relevant affairs;
c/ To direct, monitor, guide and inspect the enforcement of policies and laws and implementation of strategies, master plans, programs, plans and decisions of the Government and Prime Minister on the sectors or fields assigned or authorized by the Government or Prime Minister;
d/ To attend, discuss and vote at all Government meetings, and timely and fully fill their opinions in the opinion collection cards;
dd/ To chair meetings with related ministries, agencies, localities, organizations or individuals to handle assigned affairs according to their competence or to discuss and agree on matters on which there remain divergent opinions among ministries and agencies before submitting them to the Government or Prime Minister;
e/ Affair-handling methods prescribed at Point p, Clause 2, Article 5 of this Regulation; g/ Every Government member has his/her own official email account which shall be connected to the online administrative network to receive and send information, documents, and invitations to meetings, and to exchange opinions and handle affairs.
Article 8. Affair-handling responsibility, scope and methods of ministers and heads of ministerial-level agencies
1. To heighten their personal responsibility to fully perform their tasks and exercise their powers prescribed by the Constitution and law, as well as perform the tasks assigned by the Government and Prime Minister, including affairs authorized to them; to take personal responsibility for every activity of their ministries or agencies, even for tasks assigned or authorized to their deputies.
2. Affair-handling methods of ministers and heads of ministerial-level agencies:
a/ To personally handle affairs within the scope of management of their ministries or agencies, to assign their deputies to monitor, direct and handle certain affairs falling within the competence of their ministries or agencies;
b/ When being absent and considering it necessary, to authorize one of their deputies to lead the work and handle affairs of their ministries or agencies;
c/ To decide according to their competence or submit to the Government or Prime Minister for consideration and decision according to the latter’s competence matters related to their functions and tasks and within the sectors or fields under their management; not to refer affairs within their tasks and competence to the Prime Minister or other ministries or agencies; not to handle affairs within the competence of other ministries or agencies, except those directed or authorized by the Prime Minister;
d/ To submit to the Government or Prime Minister for consideration and handling matters falling beyond their competence or matters falling within their competence but involving complicated, interdisciplinary contents which they could not handle despite of their coordination;
dd/ To contribute opinions at meetings or working sessions or give written opinions on matters related to their functions and tasks within the sectors or fields under their management at the proposal of other ministers and heads of other ministerial-level agencies, chairpersons of provincial-level People’s Committees, or related agencies, organizations and individuals;
e/ To promulgate legal documents and administrative documents intra vires to perform their state management functions regarding their assigned sectors or fields;
g/ To decide to delegate power to local administrations to perform certain tasks related to their assigned territory-based sectors or fields;
h/ Affair-handling methods prescribed at Point p, Clause 2, Article 5 of this Regulation.
Article 9. Working relationships between the Government, ministers and heads of ministerial-level agencies and agencies and organizations within the political system
1. The Government, ministers and heads of ministerial-level agencies shall 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 in performing their tasks and powers; fully perform the tasks defined in the work coordination and relevant regulations; proactively report on and explain matters of concern to the Ethnic Council and Committees of the National Assembly; study, settle and answer inquiries of National Assembly deputies, answer petitions of voters and recommendations of the Central Committee of the Vietnam Fatherland Front and socio-political organizations on matters under their respective management.
2. The Government shall guide, inspect and create conditions for the People’s Councils to perform their tasks and exercise their powers according to regulations; lead, direct, guide, inspect and examine activities of the People’s Committees at all levels; and consider and settle proposals of the People’s Councils and People’s Committees.
Article 10. Working relationships between ministers and heads of ministerial-level agencies with ministries, ministerial-level agencies and government-attached agencies
1. To guide, inspect and coordinate with ministries, ministerial-level agencies and government-attached agencies in performing the tasks in their assigned sectors or fields.
2. To propose other ministers and heads of other ministerial-level agencies to stop the implementation of, or cancel, regulations issued by the latter’s ministries or agencies which are contrary to the Constitution, laws or documents of superior state agencies or of the ministries or ministerial-level agencies regarding the sectors or fields under their management. In case their proposals are declined, to submit them to the Prime Minister for consideration and decision.
3. Ministers and heads of ministerial-level agencies shall, when handling affairs within their competence but related to the functions and tasks of other ministries or agencies, consult the ministers of such ministries or heads of such agencies.
a/ In case of written consultation on an affair, if there is a time limit prescribed by law for consultation and reply for such affair, the consulting ministry or agency shall clearly state the deadline for reply according to regulations. If there is not any time limit prescribed by law for consultation and reply, the consulting agency shall clearly state the deadline for reply which, however, must not be fewer than 7 days from the date of sending a written consultation, except unexpected, urgent matters;
b/ Ministers or heads of the agencies consulted shall clearly state their opinions in their written replies according to the deadline stated by the consulting ministry or agency and take responsibility for their replies. Past the deadline, if the minister or head of the agency consulted does not reply or is late in reply, he/she shall be considered having agreed to the consulted contents, except the case prescribed at Point c of this Clause, and take personal responsibility before the Government and Prime Minister. The consulting ministry or agency shall report to the Prime Minister at a regular Government meeting on the responsibility of ministers or heads of agencies who fail to give replies or are late in reply;
c/ If receiving no reply from a ministry or an agency that directly manages the consulted issue, the consulting ministry or agency shall ask such ministry or agency to give its reply so that it can complete the dossier for submission to the Government or Prime Minister. If the consulted ministry or agency still gives no reply, this shall be reported to the Prime Minister according to Point b of this Clause;
d/ When being invited to a meeting for consultation, the minister or head of a ministerial- level agency shall participate or appoint a fully competent person to participate in the meeting on his/her behalf. The participant’s opinions are official opinions of his/her ministry or agency.
Article 11. Working relationships between ministers or heads of ministerial-level agencies and local administrations
1. Ministers or heads of ministerial-level agencies shall settle according to their competence proposals of provincial-level People’s Councils or People’s Committees and give written replies within 7 days after the receipt of written proposals, if they do not have to further consult other ministries and agencies, or within 15 working days, if they have to consult other ministries and agencies, except unexpected, urgent matters on which they have to give replies earlier as requested. If consulted ministries or agencies do not give replies or are late in reply, chairpersons of provincial-level People’s Councils or People’s Committees shall report thereon to the Prime Minister.
2. Ministers or heads of ministerial-level agencies shall direct, guide and inspect the People’s Committees at all levels in performing the tasks within the sectors or fields under their charge or assigned by the Government or Prime Minister; propose the Prime Minister to stop the implementation of resolutions of provincial-level People’s Councils that are contrary to the Constitution, laws or documents of superior state agencies concerning the sectors or fields under their management; request provincial-level People’s Committees or their chairpersons to stop the implementation of, or annul, legal documents of the provincial-level People’s Committees or their chairpersons which are contrary to documents concerning the sectors or fields under their assigned management. If provincial-level People’s Committees or their chairpersons decline to comply with their requests, ministers or heads of ministerial-level agencies shall report thereon to the Prime Minister for decision.
3. When chairpersons of provincial-level People’s Councils or People’s Committees request to work directly with ministers or heads of ministerial-level agencies on necessary affairs related to the sectors or fields under the latter’s management, they should carefully prepare the contents and send relevant documents at least 3 working days in advance to ministers or heads of ministerial-level agencies, who shall personally or assign their deputies to work with chairpersons of provincial-level People’s Councils or People’s Committees.
4. Chairpersons of provincial-level People’s Councils and People’s Committees shall make reports, prepare documents, arrange work timetables and participate in meetings with ministers or heads of ministerial-level agencies, when so requested.
5. In case a minister or the head of a ministerial-level agency organizes collection of opinions from chairpersons of provincial-level People’s Committees, the time limits for reply must comply with the provisions of Clause 1 of this Article.
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