Chương V Nghị định 138/2016/NĐ-CP về Quy chế làm việc của Chính phủ: Phiên họp của chính phủ và các cuộc họp, hội nghị của chính phủ, thủ tướng chính phủ

Chapter V

GOVERNMENT MEETINGS AND OTHER MEETINGS AND CONFERENCES OF THE GOVERNMENT AND PRIME MINISTER

Article 24. Meetings and conferences of the Government and Prime Minister

1. Government meetings include:

a/ Regular Government meetings;

b/ Irregular Government meetings;

c/ Specialized Government meetings.

2. Conferences of the Government and Prime Minister include:

a/ Conferences to implement socio-economic development plans and state budget;

b/ Specialized conferences.

3. Meetings of the Prime Minister and Deputy Prime Ministers with leaders of ministries, agencies and central mass organizations;

4. Briefings of the Prime Minister and Deputy Prime Ministers.

5. Working sessions of the Prime Minister and Deputy Prime Ministers with local leaders at the Government’s headquarters or in localities.

6. Meetings presided over by Government members authorized by the Prime Minister to handle the Government’s affairs.

Article 25. Forms of organization of meetings and conferences

1. Direct meetings and conferences.

2. Online meetings and conferences.

Article 26. Government meetings

1. The Government shall hold its regular meetings once a month.

2. The Government may hold irregular meetings under decisions of the Prime Minister or at the request of at least one-third of the total number of Government members to handle extraordinary affairs or at the request of the President to discuss an issue considered necessary by the latter to perform his/her tasks and exercise his/her powers.

3. The Government may hold specialized meetings under decisions of the Prime Minister at the proposal of ministries or ministerial-level agencies.

4. The preparation for, convening and organization of work related to, irregular meetings and specialized meetings must follow the direction of the Prime Minister.

5. The Prime Minister shall preside over Government meetings. When necessary, the Prime Minister may assign the permanent or another Deputy Prime Minister to preside over a Government meeting and make conclusions on the meeting or some contents thereof on his/her behalf.

Article 27. Preparations for Government meetings

1. The Prime Minister shall decide on the contents, participants, time and agendas of Government meetings. A regular Government meeting of a month shall be organized before the 5^th of the following month, or decided by the Prime Minister in special cases.

2. The Government Office is tasked:

a/ To plan the contents, agenda, time and participants of a meeting and submit them to the Prime Minister for decision;

b/ To send invitations to and soft copies of documents (or hard copies of confidential documents) of a meeting via the Government’s official email addresses to the Government members and invited participants at least 5 working days before the meeting opens, except for special cases. At a meeting, the Government members and participants shall access and read the meeting’s documents on the computers in the meeting room;

c/ To present verification reports on the contents of projects and draft documents presented at the meeting according to the provisions in Chapter III of this Regulation;

d/ To fully receive documents for the meeting from the ministries and agencies in charge of the projects and send them to the participants according to regulations; to assume the prime responsibility for, and coordinate with these ministries and agencies in, recovering confidential documents at the end of the meeting.

3. A ministry or an agency in charge of a project is tasked:

a/ To prepare and send all soft copies of dossiers and documents (excluding confidential documents) to be used for a meeting to the Government Office via the Government’s official email addresses at least 6 working days before the meeting opens, and their hard copies to the Government Office as requested;

b/ To coordinate with the Government Office in managing confidential documents sent to the participants and recover them at the end of the meeting.

Article 28. Participants in Government meetings

1. The Government members shall attend all Government meetings; if they are absent from a meeting or for some time during a meeting, they shall report to and get the consent from the Prime Minister.

When absent from a meeting, Government members being ministers or heads of ministerial-level agencies may appoint their deputies to attend the meeting on their behalf. The latter may present before the Government the opinions of the absent Government members but may not vote.

A meeting will proceed if it is attended by at least two-thirds of the total number of the Government members.

2. The Government may invite the following participants to its meetings:

a/ the President, for all Government meetings;

b/ The President of the Vietnam Fatherland Front Central Committee, Chairman of the Ethnic Council of the National Assembly, heads of the central bodies of mass organizations, the Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy, for meetings to discuss relevant matters;

c/ Heads of government-attached agencies, leaders of the commissions of the Party Central Committee, committees of the National Assembly, the State Auditor General and other participants, when necessary;

d/ Chairpersons of provincial-level People’s Councils and People’s Committees, for attending online the Government meetings according to the direction of the Prime Minister;

dd/ Other participants as decided by the Prime Minister;

e/ Participants who are not Government members may present opinions but may not vote.

Article 29. Proceedings at a Government meeting

1. The Minister-Chairperson of the Government Office reports on the contents and tentative agenda of the meeting; Government members who are present and absent, participants on behalf of the absent Government members, and invited participants.

2. The Prime Minister presides over the meeting.

3. The Government discusses the contents according to the meeting agenda:

a/ The ministry or agency in charge of a project presents briefly the project and matters in need of opinions of the Government;

b/ The Minister-Chairperson of the Government Office presents a report summarizing the opinions of Government members and verification opinions of the Government Office, clearly stating the opinions of the Government members, agreed issues, disagreed issues, viewpoints and opinions of the Government Office, and proposing issues to be discussed and adopted by the Government;

c/ The Government members present their opinions, clearly stating their approval or disapproval of the issues under discussion;

d/ The Prime Minister or Deputy Prime Minister presiding over the discussion makes conclusions and the Government members cast their votes.

4. For clear issues on which there are no divergent opinions among ministries and agencies and which fall within the competence of the Government, the Minister-Chairperson of the Government Office presents a report summarizing the contents of these issues to the Government for consideration and vote.

5. When necessary, the Prime Minister may request the Government members or heads of other agencies to report on relevant matters outside the meeting agenda.

6. The Prime Minister presents the meeting’s conclusions.

7. The Minister-Chairperson of the Government Office submits to the Government for consideration and adoption a resolution of the meeting. If the draft resolution of a meeting is sent directly to the Government members for opinion, the written approval (or disapproval) of the draft is considered a form of voting.

Article 30. Minutes of a Government meeting

1. The minutes of a meeting must clearly state the composition and proceedings of the meeting, a list of Government members and participants who present opinions at the meeting (brief opinions), the conclusions of the Prime Minister or Deputy Prime Minister who presides over the meeting on each issue, and voting results, and be enclosed with a recording of the meeting.

The Minister-Chairperson of the Government Office shall organize the writing of minutes and audio recording of Government meetings, and sign the minutes.

2. The minutes of a meeting and documents circulated at the meeting shall be archived according to regulations and preserved and used according to the confidentiality regime. The use of these minutes shall be decided by the Minister-Chairperson of the Government Office.

Article 31. Resolution of a Government meeting

1. A meeting resolution must fully and clearly express the Government’s resolutions at the meeting; and tasks of the ministries, agencies, and localities in the implementation of the resolution.

2. The Minister-Chairperson of the Government Office shall organize the drafting of the resolution of a meeting; issue official letters to related agencies on the performance of tasks concluded by the Prime Minister but not yet mentioned in the resolution; and organize the monitoring, examination and supervision of the performance of tasks assigned to ministries, agencies in the resolution and official letters mentioned above. Monthly, the Government Office shall summarize and evaluate the implementation and report thereon to the Government at its regular meeting.

Article 32. Conferences of the Government and Prime Minister

1. A conference to implement the socio-economic development plan and state budget

a/ In every December, the Government shall organize a conference with chairpersons of provincial-level People’s Councils and People’s Committees nationwide to implement and discuss measures to implement the following year’s socio-economic development plan and state budget estimate and other necessary contents and tasks;

b/ The Government Office shall submit to the Prime Minister for decision the agenda, participants, time, form and venue of the conference;

c/ Related ministries and agencies shall prepare reports at the conference as assigned by the Prime Minister;

d/ At the conference, the ministries and agencies in charge of projects shall briefly present issues for discussion;

dd/ Participants shall fully participate in the conference as invited and present opinions on relevant matters;

e/ After the conference, chairpersons of provincial-level People’s Councils and People’s Committees and ministries and agencies shall organize implementation of related affairs according to the Government’s resolution and written notice of conclusions of the Prime Minister at the conference.

2. A specialized conference may be organized to implement or review the implementation of resolutions of the Party or National Assembly, major documents, mechanisms or policies or important affairs concerning the direction and administration of the Government or Prime Minister nationwide, in some localities or certain sectors or fields.

a/ Based on the direction of the Prime Minister or a Deputy Prime Minister or at the proposal of the ministry or agency assigned to prepare the agenda of a specialized conference, the Government Office shall submit to the Prime Minister for decision the agenda, participants, form, time and venue of the conference;

b/ Related ministries and agencies shall prepare reports at the conference as assigned by the Prime Minister or a Deputy Prime Minister;

c/ At the conference, the ministry or agency in charge of the project shall briefly present matters for discussion;

d/ Participants shall fully attend the conference as invited and present opinions on relevant matters;

dd/ According to the conclusions of the Prime Minister or a Deputy Prime Minister, the Government Office or the ministry in charge of the agenda of the conference shall finalize the drafts of relevant documents and submit them to the Prime Minister or a Deputy Prime Minister for consideration and decision on their promulgation.

Article 33. Meetings of the Prime Minister and Deputy Prime Ministers with leaders of ministries, agencies and central mass organizations

1. The Prime Minister and Deputy Prime Ministers shall meet with leaders of ministries and agencies in charge of projects and representatives of related ministries and agencies to consider and direct the handling of affairs.

2. Responsibilities of the Government Office:

a/ To ask the ministry or agency in charge of a project to fully prepare documents for the meeting, and send invitations together with the meeting’s documents (if any) to invited participants at least 3 working days before the meeting opens, except for special cases;

b/ To prepare the venue, facilities and conditions and ensure security and safety for the meeting (if it is organized at the Government’s headquarters); to coordinate with related agencies in performing these tasks if the meeting is organized outside the Government’s headquarters;

c/ To write the minutes of and audio-record the meeting under Article 30 of this Regulation;

d/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, drafting a notice of conclusions of the Prime Minister or Deputy Prime Minister at the meeting; to submit it to the person presiding over the meeting for approval before distribution; to monitor and press for the implementation of such notice.

3. Responsibilities of the ministry or agency in charge of a project:

a/ To attend the meeting as invited, to prepare sufficient documents as notified by the Government Office and present them at the meeting;

b/ To prepare explanations on necessary matters related to the meeting agenda;

c/ After the meeting, to finalize the project or submitted draft document according to conclusions of the Prime Minister or Deputy Prime Minister.

4. Responsibilities of related ministries and agencies:

To attend the meeting as invited and present opinions on relevant matters. If the leader of a ministry or an agency cannot attend a meeting, he/she shall report such to the person presiding over the meeting and appoint a fully competent person to attend and present opinions at the meeting on behalf of the leader.

Article 34. Briefings of the Prime Minister and Deputy Prime Ministers (briefings of the Government standing members)

1. The agenda of a briefing of the Prime Minister and Deputy Prime Ministers covers matters and affairs decided by the Prime Minister when he/she sees it necessary to discuss collectively among the Government leaders.

2. The Minister-Chairperson of the Government Office shall direct the preparation of a summarization report on the contents and opinions of related ministries and agencies, and the advice of the Government Office, and shall attend the briefing. When requested, Vice-Chairperson of the Government Office shall attend a briefing to directly report on tasks assigned to them for monitoring. When necessary, under the direction of the Prime Minister or a Deputy Prime Minister, the Government Office shall additionally invite the ministry or agency in charge of a related project or other participants to the meeting.

3. At a briefing, the Minister-Chairperson or a Vice-Chairperson of the Government Office directly monitoring an affair shall present the summarization report and the advice and proposals on how to handle related matters; if invited to the briefing, the ministry or agency in charge of the related project may present additional explanations at the request of the Prime Minister or a Deputy Prime Minister. The Prime Minister and Deputy Prime Ministers shall exchange ideas and the Prime Minister shall give conclusions on every matter.

4. Briefings may be held weekly, unless otherwise decided by the Prime Minister.

5. The Government Office shall perform the tasks defined in Clause 2, Article 33 of this Regulation.

Article 35. Working sessions of the Prime Minister and Deputy Prime Ministers with local leaders at the Government’s headquarters or in localities

1. When necessary or at the proposal of a locality, the Prime Minister or a Deputy Prime Minister shall work with leaders of a province or centrally run city or several provinces and centrally run cities to discuss how to handle relevant matters.

2. The locality shall prepare a report on relevant matters and proposals (if any) and send it to the Government Office at least 7 days before the Prime Minister or a Deputy Prime Minister works with the locality at the latter’s request, except for unexpected working visits of the Prime Minister or a Deputy Prime Minister.

3. On the basis of the report of the locality, the Government Office shall assume the prime responsibility for, and coordinate with related ministries and agencies in, giving advice and proposing how to handle the proposals of the locality and report them to the Prime Minister or Deputy Prime Minister.

4. Participants shall fully attend the meeting as invited and present opinions on relevant matters.

5. Within 5 working days after the working session, the Government Office shall issue a notice of conclusions, unless otherwise directed by the Prime Minister or a Deputy Prime Minister.

6. After the working session, the chairpersons of provincial-level People’s Council(s) and People’s Committee(s) and related ministries and agencies shall organize the performance of relevant tasks according to the written notice of conclusions of the Prime Minister.

Article 36. Meetings of Government members authorized by the Prime Minister to handle affairs of the Government and Prime Minister

1. When necessary, the Prime Minister may authorize a Government member to preside over a meeting to discuss an affair or a project submitted to the Government or Prime Minister.

2. For a meeting taking place at the Government’s headquarters, it shall be organized under Clauses 2,3 and 4, Article 33 of this Regulation. For a meeting taking place at the headquarters of a ministry, the authorized ministry shall assume the prime responsibility for, and coordinate with the Government Office in, preparing conditions for the meeting.