Chương IV Nghị định 138/2016/NĐ-CP về Quy chế làm việc của Chính phủ: Chương trình công tác của chính phủ, thủ tướng chính phủ

Chapter IV

WORK PROGRAMS OF THE GOVERNMENT AND PRIME MINISTER

Article 18. Types of work programs

1. Work program is a list of projects, draft legal documents, strategies, master plans, plans, resolutions, reports and other projects (below referred to as projects) within the deciding competence of the Government or Prime Minister or to be presented to the Government or Prime Minister for opinion before being submitted to competent authorities for decision; activities and affairs expected to be presented to or implemented in a year, quarter, month and week of the Government, Prime Minister and Deputy Prime Ministers.

2. Work programs include:

a/ Annual, quarterly and monthly work programs of the Government and Prune Minister;

b/ Weekly work programs of the Prime Minister and Deputy Prime Ministers.

3. Content of a work program:

a/ An annual work program is a list of projects to be submitted to the Government or Prime Minister in a year. Every project incorporated in an annual work program must clearly state the authority competent to consider and decide it, preparing ministry or agency, and submission deadline. The deadlines of submission of projects in an annual work program shall be set in quarter or month;

b/ A quarterly work program is a list of projects to be submitted to the Government, Prime Minister and Deputy Prime Ministers and agendas of monthly Government meetings in a quarter. A quarterly work program shall be divided into lists of projects to be submitted to the Prime Minister and to Deputy Prime Ministers according to their assigned fields. The deadlines for submission of projects in a quarterly work program shall be set in month;

c/ A monthly work program is a list of projects to be submitted to the Government, Prime Minister and Deputy Prime Ministers and the agenda of the Government meeting in the month. A monthly work program shall be divided into lists of projects to be submitted to the Prime Minister and to Deputy Prime Ministers according to their assigned fields;

d/ A weekly work program is a timetable of daily activities of the Prime Minister and Deputy Prime Ministers in a week.

Article 19. Responsibilities of Government members for preparing, implementing, and evaluating the implementation of, work programs

1. The Prime Minister shall direct and assume overall responsibility for the preparation and implementation of the work programs of the Government and Prime Minister; evaluate and supervise ministries and agencies in implementing the work programs at monthly Government meetings.

2. Implementation of work programs shall be used as a criterion for assessing the performance of tasks of Government members, ministries, agencies and localities. Ministers, heads of ministerial-level agencies and government-attached agencies, and chairpersons of provincial-level People’s Committees shall take personal responsibility before the Government and Prime Minister for the implementation of the work programs annually assigned by the Government and Prime Minister, ensuring quality, timeliness and conformity with the direction and administration of the Government and Prime Minister; shall report to the Government at monthly and year-end Government meetings on the implementation of the work programs and clearly explain why projects (if any) under their charge cannot be fulfilled.

3. The Government Office shall manage the work programs of the Government and Prime Minister and summarize and advise the Government and Prime Minister on the preparation, adjustment and implementation of the work programs, ensuring their feasibility and conformity with the direction and administration of the Government and Prime Minister; review and evaluate the implementation of the work programs of the Government and Prime Minister and report the results at monthly and year-end Government meetings.

Article 20. Grounds for preparing work programs

A list of projects to be included in a work program shall be drawn up on the following grounds:

1. Directions of the Party Central Committee, Political Bureau, Secretariat, National Assembly, National Assembly Standing Committee, Government and Prime Minister.

2. Requirements to detail laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee.

3. Written specific proposals of ministries, agencies and localities approved by the Prime Minister.

4. Particularly, weekly work programs shall be prepared based on the monthly work program and the practical requirements of direction and administration work, and domestic and external activities of the Prime Minister and Deputy Prime Ministers.

Article 21. Order of preparing work programs

1. Annual work programs:

a/ Annually before September 30, the Government Office shall send official letters requesting ministries, ministerial-level agencies, government-attached agencies and provincial- level People’s Committees to register projects for the following year’s work program.

b/ Before November 15, ministries, agencies and localities shall send to the Government Office their official documents registering projects to be submitted to the Government and Prime Minister in the following year, specifying monthly work programs in the first quarter.

A registered project must clearly state:

- Grounds for its formulation;

- Summarized plan on the project preparation: The registered project should clearly express the necessity, content orientation, scope of regulation, coordinating agencies, appraising agencies and deciding authority, and tentative schedule for its implementation, and its end-products.

c/ On the basis of requirements and tasks of the Government and Prime Minister and the lists of registered projects of ministries, agencies and localities, the Government Office shall assume the prime responsibility for, and coordinate with the ministries, agencies and localities in, scrutinizing, verifying and agreeing to the projects to be included in the work program, and at the same time summarizing and drafting the subsequent year’s work program of the Government and Prime Minister and submit it to the Prime Minister for opinion before December 15 every year before submission to the Government for consideration and adoption;

d/ Within 10 days after the adoption by the Government, the Government Office shall finalize the annual work program and send it to the Prime Minister for consideration and decision to promulgate it.

2. Quarterly work programs:

On the basis of the annual work program and results of implementation of the work program since the beginning of the year, direction and administration of the Government and Prime Minister, and adjustment proposals (if any) of the ministries, agencies and localities approved by the Prime Minister or Deputy Prime Ministers in charge of relevant fields, the Government Office shall draft a quarterly work program of the Government and Prime Minister and submit it to the Prime Minister for consideration and decision so that it can be circulated no later than the first working day of the first month of the quarter.

3. Monthly work programs:

Based on the quarterly work program, results of implementation of the monthly and quarterly work programs, direction and administration of the Government and Prime Minister, and adjustment proposals (if any) of the ministries, agencies and localities approved by the Prime Minister or Deputy Prime Ministers in charge of relevant fields, the Government Office shall draft a monthly work program of the Government and Prime Minister and submit it to the Prime Minister for issuance no later than the first working day of the month.

4. Weekly work programs:

Based on the directions of the Prime Minister and Deputy Prime Minister on handling projects and affairs submitted by the ministries, agencies and localities and work requirements of the Prime Minister and Deputy Prime Ministers, the Government Office shall draw up a weekly work program of the Prime Minister and Deputy Prime Ministers and send it to the Government members and related agencies and organizations on Friday of the preceding week.

5. The preparation of a tentative program on making laws, ordinances, Government decrees and legal decisions of the Prime Minister must comply with the process established by the law on promulgation of legal documents. These programs shall be incorporated into the Government’s work program.

Article 22. Implementation of work programs

1. Based on the annual work program of the Government and Prime Minister, ministries, agencies and localities in charge of projects shall organize the making of detailed preparation plans for each project and elaborate the projects for submission to the Government and Prime Minister, ensuring their quality and schedule.

2. For draft laws and ordinances, their planning must comply with the law on promulgation of legal documents.

3. In case of necessity, ministries, agencies and localities shall send detailed reports to the Government and Prime Minister for direction on the change of name, requirements and scope of settlement or orientations on the projects’ contents.

4. The supplementation and adjustment of a work program shall be effected on the basis of directions of the Government and Prime Minister or written proposals of ministries, agencies and localities. The supplementation and adjustment of a program on making of legal documents must comply with the law on promulgation of legal documents. The deadlines for submission of projects may not be adjusted, except for external reasons which shall be reported to the Prime Minister or Deputy Prime Ministers in charge of relevant fields for consideration and decision.

Article 23. Monitoring and evaluation of the implementation of work programs

1. Monthly, quarterly, biannually and annually, ministries, agencies and localities shall proactively review and evaluate the implementation of projects in their work programs and send reports thereon to the Government Office before the 25^th of every month for summarization and reporting at monthly Government meetings.

The Government Office shall notify results of implementation of the work programs of the Government and Prime Minister and the list of delayed projects to the ministries, agencies and localities.

2. The Government Office shall assist the Prime Minister in regularly monitoring, inspecting and speeding up the preparation and submission of projects of related ministries, agencies and localities; monthly or irregularly assume the prime responsibility for, and coordinate with related ministries, agencies and localities in reviewing and evaluating the implementation of the work programs of the Government and Prime Minister, providing timely advice and proposing solutions and orientations for handling difficulties and problems, and at the same time proposing adjustments to and addition of projects when necessary.

3. The Government shall evaluate the implementation of monthly, quarterly and annual work programs on the basis of the number of projects to be submitted; number of projects already submitted and promulgated; number of projects returned; number of projects requested to be withdrawn or delayed by ministries, agencies and localities, and report them to the Government and Prime Minister.