Nghị định 39/2022/NĐ-CP về Quy chế làm việc của Chính phủ

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 39/2022/ND-CP	Hanoi, June 18, 2022

 

DECREE

PROMULGATING WORKING REGULATIONS OF THE GOVERNMENT

Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

At the request of the Minister, Chairman/Chairwoman of the Office of the Government;

The Government hereby promulgates a Decree on Working Regulation of the Government.

Article 1. Promulgated together with this Decree is the Government’s Working Regulation.

Article 2. This Decree comes into force from the date on which it is signed for promulgation and supersedes the Government's Decree No. 138/2016/NĐ-CP.

Ministries, ministerial agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities shall promulgate their Working Regulations in conformity with the Government's Working Regulations.

Article 3. The Minister, Chairman/Chairwoman of the Office of the Government shall expedite and inspect the implementation of the Government’s Working Regulations.

Cabinet members, heads of Governmental agencies, Chairmen/Chairwomen of People’s Councils, Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities and heads of relevant agencies are responsible for the implementation of this Decree.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Pham Minh Chinh

 

WORKING REGULATIONS OF THE GOVERNMENT

(Enclosed with the Government's Decree No. 39/2022/NĐ-CP dated June 18, 2022)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This set of regulations provides for working principles; responsibilities; on-duty relationships; scope, methods and procedures for task performance; working agendas, activities and reporting regimes the Government and Prime Minister.

2. Cabinet members, Ministries, ministerial agencies, Governmental agencies, People's Councils, People’s Committees of provinces (hereinafter referred to as “ministries, agencies and local authorities”) and organizations and individuals having on-duty relationships with the Government and Prime Minister are the subject of this set of regulations.

Article 2. Working principles of the Government

1. All activities of the Government must comply with regulations of the Constitution and law, submit to the Party Communist’s leadership and ensure democratic centralism. The Government works according to the regime for combining the power and responsibility of the Government collective with the power and responsibility of the Prime Minister and every Cabinet member. The Government shall make decisions under the majority rule on the issues within power of the Government. 

2. Heighten Cabinet members, heads of ministries, agencies and local authorities’ sense of personal responsibility and responsibility for setting good. Every task is only assigned to a person who shall preside over and take responsibility for it. For a task assigned to a Ministry, agency or provincial People’s Committee, the Minister, the head of the agency or chairperson of the provincial People’s Committee shall assume the responsibility for it.

3. Proactively perform tasks intra vires, in accordance with procedures, regulations of law and Government’s Working Regulations. Facilitate cooperation and information exchange and promote unity upon performance of tasks by the Government.

4. Carry out duty assignment, decentralization, authority delegation or authorization in accordance with laws, individualize responsibilities in association with strengthening supervision, inspection and control of power, ensuring centralized leadership and uniform management under the authority of the Government. Promote proactiveness and creativity of heads of ministries, agencies and local authorities.

5. Exercise strict discipline and administrative discipline; subordinates obey, strictly submit to the leadership, direction and command by superiors.

6. Publicize, transparentize and innovate new activities of the Government, ministries, ministerial agencies and state administrative agencies at all levels; implement a uniform, uninterrupted, continuous, democratic, modern, upright, effective and efficient administration system that serves the People and submits to their inspection and supervision.

Chapter II

RESPONSIBILITIES, SCOPE AND METHODS FOR TASK PERFORMANCE

Article 3. Government’s responsibilities, scope and methods for task performance

1. The Government shall uniformly manage the state administrative system from central to local government; fully exercise its tasks and powers prescribed by the Constitution and law.

2. Government’s methods for task performance:

a) Hold discussions and make resolutions at Government meetings;

b) Make resolutions through enquiries sent to Cabinet members if the Government does not hold a meeting.

3. A Government’s resolution shall be agreed by more than half of the total number of Cabinet members. In case of a tie, the Prime Minister shall have the casting vote.

4. The Government shall assign the Prime Minister to consider and decide on its behalf urgent issues to be promptly settled within its power or issues that the Government agrees on principles and guidelines to deal with. The Prime Minister shall report or assign the Deputy Prime Minister, Minister or head of a ministerial agency to report on his/her behalf the issues he/she has decided at the latest Government meeting.

5. The Government shall decentralize or delegate authority to local authorities in accordance with regulations specified in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly’s Standing Committee.

The Government shall decentralize or delegate authority to local authorities to decide or perform some tasks in state management of industries and fields within areas under their management according to their facilities and ability in association with rational allocation of resources, building of officials’ capacity and strengthening of inspection, supervision and strict control of power.

Article 4. Issues to be discussed and resolved by the Government

1. Government’s request for formulation of laws and ordinances submitted to the National Assembly and National Assembly’s Standing Committee; bills and draft resolutions submitted to the National Assembly, ordinance projects and draft resolutions submitted to the National Assembly’s Standing Committee; request for formulation of decrees and draft decrees of the Government in accordance with regulations of Law on Promulgation of Legislative Documents.

2. Long-term, medium-term and annual socio - economic development strategies; planning; medium-term and annual public investment plans; 5-year national financial plan, 3-year financial-budget plan; annual state budget estimates and annual central budget allocation plans; state budget statements for reporting to competent authorities as prescribed.

3. Monthly, quarterly, 06-month and annual socio-economic situations or important and unexpected issues and tasks, solutions for directing and governing implementation of socio - economic development plans.

4. Organizational structure of the Government; establishment and dissolution of Ministries and ministerial agencies; establishment, merger and dissolution of Governmental agencies; establishment, dissolution, merger, full division and adjustment of administrative divisions at all levels for reporting to competent authorities as prescribed.

5. Annual working agendas of the Government; review of the direction and governance by the Government and the Prime Minister and the implementation of the Government's Working Regulations.

6. Pilot implementation of new mechanisms and policies decided by the Government as prescribed in clause 2 Article 19 of the Law on Promulgation of Legislative Documents.

7. Issues prescribed by law that the Government has to discuss and resolve.

8. Other important necessary issues under the Prime Minister's decisions.

Article 5. Prime Minister’s responsibilities, scope and methods for task performance

1. The Prime Minister shall fully exercise his/her tasks and powers in accordance with regulations of the Constitution and laws; direct the leadership of the Government; direct, moderate and coordinate activities among Cabinet members; lead, direct and inspect activities of Ministries, agencies and local authorities; directly govern important and strategic tasks within the Government’s jurisdiction.

The Prime Minister shall not process the tasks assigned and authorized to the Deputy Prime Minister, Ministers or heads of ministerial agencies; except for the certain extraordinary cases specified in point g clause 2 of this Article.

2. Prime Minister’s methods for task performance:

a) Decide and direct the formulation and promulgation of legislative documents, strategies, planning, plans and policies decided by the Government or the Prime Minister or propose and formulate policies, bills, ordinances and resolutions to be submitted to the National Assembly and National Assembly’s Standing Committee for consideration and decision;

b) Decide pilot implementation of new mechanisms and policies decided by the Prime Minister as prescribed in Article 20 of the Law on Promulgation of Legislative Documents;

c) Convene, preside over and decide issues to be discussed at Government meetings, meetings between the Prime Minister and the Deputy Prime Ministers (hereinafter referred to as “meetings of the Government’s Executive Committee”);

d) The Prime Minister shall directly or assign or authorize Deputy Prime Ministers and Cabinet members on his/her behalf to chair meetings with leaders of ministries, agencies, local authorities, organizations and individuals concerned to take it into consideration before making decisions;

dd) Directly give instructions on performance of tasks according submitted documents, reports and statements of Ministries, agencies, local authorities, organizations and individuals; on that basis, the Office of the Government processes and completes dossiers according to regulations;

e) Directly give comments and approve proposals in the statements and reports of the Office of the Government as prescribed in Chapter III of this set of regulations;

g) If deemed necessary, the Prime Minister shall, due to the urgency, complexity and sensitiveness of tasks, directly govern the performance of the tasks assigned or authorized to the Deputy Prime Minister, Ministers, heads of ministerial agencies or tasks under the authority of the Ministers, heads of ministerial agencies, heads of governmental agencies and Chairpersons of provincial People's Committees. The Office of the Government shall notify the person assigned/authorized or competent person thereof;

h) Decide or together with the Government’s Executive Committee, consider making decisions on the discrepancy in comments between Ministries, agencies and local authorities before submission to the Government or competent authority.

i) Assign the Minister, Chairman/Chairwoman of the Office of the Government to chair meetings with Ministers, heads or leaders of Ministries, agencies, local authorities, organizations and individuals concerned to handle unclear issues or explain the discrepancy in comments between Ministries and agencies before submission to the Prime Minister;

k) Promulgate legislative documents within their power and instructional documents for exercising tasks and powers as prescribed; sign documents (including legal documents and administrative documents) of the Government on its behalf; authorize Deputy Prime Ministers to sign documents of the Government and the Prime Minister on Prime Minister’s behalf under the authority delegated and duties assigned by the Prime Minister; authorize Ministers and heads of ministerial agencies to sign a number of administrative documents of the Prime Minister, sign a number of administrative documents of the Government on its behalf of the Government in each specific case;

l) Authorize Cabinet members to act on behalf of the Government to submit schemes, projects, drafts and reports of the Government to the National Assembly, the National Assembly’s Standing Committee, the State President of Vietnam and other agencies according to regulations, perform one or more tasks under the Prime Minister’s authority;

m) Establish cross-sectoral cooperating organizations to assist the Prime Minister in studying, directing and cooperating in handling of complex and important issues related to multiple branches, fields and local authorities;

n) As the Prime Minister is absent and where necessary, the Prime Minister shall appoint the Permanent Deputy Prime Minister or a Deputy Prime Minister to act on behalf of the Prime Minister to run the Government’s affairs and undertake the tasks under the Prime Minister’s authority as prescribed;

o) As a Deputy Prime Minister is absent, the Prime Minister shall directly govern the performance of tasks or assign another Deputy Prime Minister to undertake the tasks already assigned to the Deputy Prime Minister who is absent;

p) Make business trips; inspect and expedite the performance of tasks by Ministries, agencies and local authorities; respond to give explanations and answer questions in front of the National Assembly deputies; respond to propositions of voters; hold press conferences; receive citizens and other methods.

Article 6. Deputy Prime Ministers’ responsibilities, scope and methods for task performance

1. Deputy Prime Ministers’ responsibilities and scope of task performance:

a) Each Deputy Prime Minister shall assist the Prime Minister in performing the latter’s tasks in the sectors and areas under his/her authority and authority delegated by the latter;

b) Under the delegated authority and assigned duties, a Deputy Prime Minister shall act on behalf of the Prime Minister to have full discretion and take direct and overall responsibility to the law and the Prime Minister for his/her decisions, tasks, fields and agencies under his/her management and direction, achieve progress, ensure quality and effectiveness, prevent misconduct and corruption during task performance;

c) A Deputy Prime Minister shall undertake and decide the tasks assigned or authorized; if there is any issue relating to the range of activities of another Deputy Prime Minister, directly discuss and agree with the latter to handle the issue. If there is discrepancy in comments, the Deputy Prime Minister shall preside over considering, deciding or directly reporting to the Prime Minister where necessary.

2. Deputy Prime Ministers’ methods for task performance:

a) Directly give instructions on performance of tasks according to submitted documents, reports and statements of Ministries, agencies, local authorities, organizations and individuals; on that basis, the Office of the Government processes and completes dossiers according to regulations;

b) Directly give comments and approve proposals in the statements and reports of the Office of the Government as prescribed in Chapter III of this set of regulations;

c) Proactively and actively chair meetings with leaders of Ministries, agencies and local authorities concerned to perform tasks and handle cross-sectoral issues under the authority delegated and duties assigned by the Prime Minister;

d) Proactively and actively direct, supervise, expedite and inspect the tasks assigned or authorized by the Prime Minister; sign on behalf of the Prime Minister documents under the Prime Minister's authority and documents of the Government under the authority delegated and duties assigned by the Prime Minister;

dd) Proactively inspect, consider and provide directions for the discrepancy in comments between Ministries, agencies and local authorities under the authority delegated and duties assigned by the Prime Minister before submission to the Government and competent authority;

e) For documents, schemes and reports submitted to a competent authority, proactively direct Ministries and agencies concerned to cooperate and work actively and effectively, thereby improving quality, achieve progress, consensus and unanimity in the process of appraisal, promulgation and approval;

g) Assign the Minister, Chairman/Chairwoman of the Office of the Government to chair meetings with Ministers, heads or leaders of Ministries, agencies, local authorities, organizations and individuals concerned to handle unclear issues or explain the discrepancy in comments between Ministries and agencies before submission to the Deputy Prime Minister in charge for decision;

h) Other methods prescribed in point p clause 2 Article 5 of this set of these regulations.

Article 7. Responsibilities, scope and methods for task performance of Cabinet members being Ministers and heads of ministerial agencies

1. Cabinet members shall fully exercise their tasks and powers prescribed in the Constitution and law; proactively and actively participate in effectively handle the Government’s general affairs; join the Government in deciding and taking joint responsibility for the issues within the Government’s jurisdiction; review, carefully consider and submitting projects, drafts and reports of the Government to competent agencies and effectively perform other tasks assigned or authorized by the Prime Minister and Deputy Prime Ministers.

2. Cabinet members’ methods for task performance:

a) Proactively, actively and promptly raise issues and propose to the Government, Prime Minister and Deputy Prime Ministers mechanisms, policies and legal documents that need to be amended, supplemented or promulgated, pilot implementation of mechanisms and policies regarding new issues which the Government and Prime Minister's authority to handle is yet to be regulated;

b) Proactively and actively review, report to and work promptly with the Prime Minister, Deputy Prime Ministers and other Cabinet members the tasks under the authority of the Government and Prime Minister and other relevant or necessary tasks;

c) Direct, monitor, provide guidance on and inspect the implementation of policies and laws, the implementation of strategies, planning, plans, programs, decisions and directions of the Government and Prime Minister on assigned or authorized industries and fields;

d) Take responsibility for fully attending, carefully preparing and clearly express their views, opinions and responsibilities at Government’s meetings and meetings of the Government’s Executive Committee; discuss and vote at Government’s meetings; clearly and fully write their opinions in the survey form and give responses within the prescribed time limit;

dd) Proactively chair meetings with Ministries, agencies, local authorities, organizations and individuals concerned to handle the assigned affairs within their power or discuss and agree with the discrepancy between comments of Ministries, agencies, local authorities, organizations and individuals before submission to the Government, Government’s Executive Committee, Prime Minister and Deputy Prime Ministers;

e) Other methods prescribed in point p clause 2 Article 5 of this set of these regulations;

g) Each Cabinet member is granted an account for access to Government's information and data to receive and send meeting documents, exchange ideas, perform tasks or exploit information and data to serve the direction and governance under his/her authority.

Article 8. Responsibilities, scope and methods for task performance of Ministers, heads of ministerial agencies and heads of Governmental agencies

1. Ministers, heads of ministerial agencies, heads of governmental agencies shall heighten their sense of personal responsibility, proactively and actively exercise their duties and powers as prescribed by the Constitution and the law and duties assigned or authorized by the Government, the Prime Minister and Deputy Prime Ministers; directly direct and take responsibility for formulation of laws, administrative reform, organizational structure, construction and development of e-Government towards digital government of Ministries and agencies; take personal, direct and full responsibility to the Government, the Prime Minister, Deputy Prime Ministers and to the law for issues which are under their authority or which they are assigned or authorized to handle.

2. Exercise strict, sufficient and timely discipline and administrative discipline, including decisions and directions of the Prime Minister, Prime Minister, Deputy Prime Ministers; refrain from speaking and acting against these decisions and directions according to the principles of democratic centralism. If there is any comment different from a decision, conclusion or direction of the superior authority, such decision, conclusion or direction shall still be complied with but the comment will be expressed to the Government, Prime Minister and Deputy Prime Ministers and recorded. If this regulation is violated, depending on the nature, severity and consequences, earn a reprimand themself to clearly define their responsibility to the Government and Prime Minister and incur a penalty in accordance with regulations of the Communist Party of Vietnam and State.

3. Responsibilities, scope and methods for task performance of Ministers, heads of ministerial agencies and heads of Governmental agencies:

a) Directly, proactively and actively perform the tasks under management of Ministries and agencies; assign Deputy Ministers, deputy heads of ministerial agencies and deputy heads of Governmental agencies to supervise, direct and perform some tasks under authority of Ministries, ministerial agencies and Governmental agencies. In case of absence and if necessary, appoint a Deputy Minister, deputy head of ministerial agency or deputy head of Governmental agency to govern and perform tasks of the Ministry or agency.

b) Decide on tasks under their authority and do not submit to the Government, Prime Minister or Deputy Prime Ministers tasks under authority of Ministers, heads of ministerial agencies or heads of Governmental agencies unless otherwise prescribed by specialized law. Do not transfer tasks under its authority to another Ministry or agency; do not perform tasks under authority of another Ministry or agency;

c) Where issues under their authority appear complicated or cross-sectoral or there is discrepancy in comments about the issues and the Minister and head of the agency have cooperated in handling them but fail to reach an agreement, the Minister and head of the agency must directly work with Minister and head of the agency concerned for consideration and decision;

d) If there is discrepancy in comments of Ministries and agencies about main contents of the schemes submitted to the Government or Prime Minister, the head of the presiding agency shall directly work with the Minister or head of the agency expressing the disagreement and the Minister or head of the agency concerned to enter into a discussion and agreement before submission to the Government or Prime Minister;

dd) Apart from submitting documents, schemes and reports to the Government or Prime Minister for submission to a competent authority, the Minister or head of the presiding authority shall proactively cooperate and actively work with related agencies in terms of contents of such documents, schemes and reports and relevant issues to improve quality, achieve progress and create consensus and unanimity in the process of appraisal, promulgation and approval;

e) Give sufficient, clear and timely written responses to the issues in relation to functions and tasks under their management at the request of Ministries, agencies, local authorities, organizations and individuals concerned;

g) Promulgate legislative documents and administrative documents under their authority and regulations of law to exercise their functions of performing state management of the assigned industries and fields;

h) Decide to decentralize authority to local authorities to perform some duties in relation to the assigned industries and fields according to their areas and regulations of law; at the same time, appropriately distribute resources, build capacity of officials and strengthen inspection and supervision;

i) Other methods prescribed in point p clause 2 Article 5 of this set of these regulations.

Article 9. On-duty relationships between Government, Ministers, heads of ministerial agencies and heads of Governmental agencies and agencies and organizations within the political system

1. The Government, Ministers, heads of ministerial agencies and heads of Governmental agencies shall, on their initiative, closely and effectively cooperate with agencies of the Communist Party, the State, Vietnamese Fatherland Front and central bodies of socio-political organizations in exercising their tasks and powers; report and explain issues of concern to the Ethnic Minorities Council and Committees of the National Assembly; study, handle, give explanations and answer questions in front of the of National Assembly’s deputies, respond to recommendations of voters and the Central Committee of the Vietnamese Fatherland Front and socio-political organizations on issues under their management.

2. The Government shall instruct and enable People’s Councils to exercise their tasks and powers and carry out inspection according to regulations; lead, direct, provide instructions, inspect and examine activities of People’s Committees at all levels; consider and handle recommendation of People’s Councils and People’s Committees.

Article 10. On-duty relationships between Ministers, heads of ministerial agencies and heads of Governmental agencies and Ministries, ministerial agencies and Governmental agencies

1. Instruct Ministries, ministerial agencies and governmental agencies to perform their tasks under their authority as prescribed by law and inspect their task performance.

2. Recommend Ministers, heads of ministerial agencies and heads of Governmental agencies to annul regulations promulgated by such Ministries and agencies against the Constitution, laws or documents of superior regulatory bodies or of ministries and ministerial agencies regarding industries and fields under the management of Ministries, ministerial agencies and Government agencies. If the recommendations are not approved, submit them to Prime Minister for consideration and decision.

3. Ministers, heads of ministerial agencies and heads of Governmental agencies shall, when performing their tasks under their authority in relation to the functions and tasks of other Ministries or agencies, proactively and actively cooperate with Ministers of such ministries and heads of such agencies:

a) If enquiries are sent, the enquiring Ministries and agencies shall clearly state the deadline for giving responses which, however, must not exceed 07 days from the date of sending the enquiries, except for important and complex tasks;

b) The enquired Ministers and heads of agencies shall give timely written responses to the issues under their management and other relevant issues; if the Ministries and heads of agencies fail to give responses by deadline or delay giving responses, it is considered that they agree with comments and recommendations of the enquiring agencies and they shall take individual responsibility to the Government and Prime Minister.

c) The enquired Ministers and heads of agencies shall give timely written responses to the issues under their management and other relevant issues; if the Ministries and heads of agencies fail to give responses by deadline or delay giving responses, it is considered that they agree with comments and recommendations of the enquiring agencies and they shall take individual responsibility to the Government and Prime Minister.

d) When invited to a meeting for comments, the Ministers and heads of agencies shall attend the meeting or fail to attend the meeting for a legitimate reason, it is required to appoint a fully competent person. Comments of the authorized attendees are official comments of the Ministries and agencies. Comments of attendees shall be documented under decision of the person chairing the meeting;

dd) When invited to attend a meeting to handle comments on the main contents of schemes and tasks as prescribed at point d clause 3 3, Article 8 of this set of regulations, the invited Ministers and heads of agencies shall attend the meeting or in special cases if there is a reason for the absence, they must appoint a deputy to the meeting instead. Comments of the authorized attendees are official comments of the Ministers and heads of agencies and specified in the documentation submitted to the Government, Government’s Executive Committee and Prime Minister.

Article 11. On-duty relationships between Ministers, heads of ministerial agencies and heads of Governmental agencies and local authorities

1. Ministers, heads of ministerial agencies and heads of Governmental agencies shall handle proposals of provincial People’s Councils and provincial People’s Committees within 07 days; and within 15 days from the receipt of the written proposals if they have to collect comments from other Ministries and agencies, except unexpected or urgent cases where they have to give responses earlier as requested. If the requested Ministries and agencies fail to handle proposals by deadline, the Chairpersons of provincial People’s Councils and provincial People’s Committees shall notify the Prime Minister or the Deputy Prime Minister in charge; the requested Ministers and heads of agencies shall take responsibility for their delay in handling local authorities' proposals.

2. When provincial People's Councils and People's Committees send documents, reports, proposals and recommendations on issues under authority of the Government, the Prime Minister, Ministries and ministerial agencies and Governmental agencies, they must send them to the right competent agencies for timely handling, reply and guidance.

3. Ministers, heads of ministerial agencies and heads of Governmental agencies shall, under their authority, direct and instruct People's Committees at all levels to perform their tasks in the fields and industries under their management and inspect their performance or assigned by the Government or the Prime Minister; request the Prime Minister to suspend the implementation of resolutions of provincial People's Councils which are contrary to the Constitution, laws and documents of superior regulatory bodies on the fields and industries under their management; request provincial People's Committees to annul their legal documents which are contrary to the documents on the assigned industries and fields; in case of non-compliance, notify the Prime Minister thereof.

4. When Chairpersons of provincial People’s Councils and provincial People’s Committees hold a meeting with Ministers, heads of ministerial agencies and heads of Governmental agencies, documents must be sent at least 03 working days in advance. The Minister or head of an agency shall directly attend the meeting or assign a Deputy Minister or deputy head of the agency to do so.

5. Chairpersons of provincial People’s Councils and provincial People’s Committees shall prepare reports and documents, schedule and attend meetings with Ministers, heads of ministerial agencies and heads of Governmental agencies as requested.

6. If Ministers, heads of ministerial agencies and heads of Governmental agencies shall collect comments of Chairpersons of provincial People’s Committees. The deadline for giving comments is specified in clause 1 of this Article.

Chapter III

RESPONSIBILITIES AND PROCEDURES FOR TASK PERFORMANCE

Article 12. Types of tasks submitted to the Government, Government’s Executive Committee and Prime Minister

1. Requests for formulation of legislative documents, draft legislative documents (hereinafter referred to as “draft documents”).

2. Schemes, reports and documents within jurisdiction of the Government, Prime Minister and other documents and proposals.

3. Tasks directly governed by the Prime Minister or Deputy Prime Ministers or proposed by the Office of the Government.

Article 13. Documentation submitted to the Government, Government’s Executive Committee and Prime Minister

1. Documentation submitted to the Government, Government’s Executive Committee and Prime Minister must be relevant to the authority of the Government, Government’s Executive Committee and Prime Minister; clearly state the submitted issues, grounds regarding authority, political, legal and practical basis, comments of Ministries, agencies and local authorities concerned, proposed measures and plans for handling the issues; must bear signature and seal of the competent person and ensure adequacy, quality and promptness in accordance with procedures and regulations of law.

2. Documentation submitted to the Government, Government’s Executive Committee and Prime Minister shall include statements, reports; schemes, draft documents enclosed (including draft resolutions, conclusions, notices of conclusions and other instructional documents of competent agencies), written comments of relevant agencies and other necessary documents (if any). If the statement of a report or scheme submitted to the Government, the Government’s Executive Committee or the Prime Minister has more than 10 A4 pages, a brief statement having less than 08 A4 pages is required.

For documentation submitted to the Government, Government’s Executive Committee and Prime Minister and required by law to be enclosed with documents, such law must be complied with.

For schemes and draft legislative documents to be submitted to the Government or the Prime Minister for submission to the Central Committee, the Politburo, the Secretariat, the National Assembly, the National Assembly’s Standing Committee, the agency presiding over drafting chair shall collect comments from agencies of the Communist Party, National Assembly, socio-political organizations and relevant local authorities and fully respond to such comments before submission to the Government, the Government’s Executive Committee and Prime Minister.

3. Documentation to be submitted to the Government, Government’s Executive Committee and Prime Minister by agencies within the state administrative system shall be sent in the form of electronic documents bearing digital signature through the Vietnam Data Exchange Platform managed by the Office of the Government, unless otherwise required. If not yet connected to the Vietnam Data Exchange Platform or in case of confidential documents, physical documents shall be sent.

4. Documentation submitted to the Government, Government’s Executive Committee and Prime Minister shall be concurrently sent to the Office of the Government. The Office of the Government shall receive, verify and process electronic documents bearing digital signatures or physical documents, prepare a logbook to record the processing and archive them as prescribed.

Article 14. Responsibilities of Ministries, agencies and local authorities for performing tasks of the Government and Prime Minister

1. Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees shall take responsibility for all contents, schedule for submission and initialize draft documents under promulgation authority of the Government and Prime Minister.

2. Ministers, heads of cooperating agencies and appraising authorities shall appoint competent persons to participate in the process of drafting schemes and legal documents at the request of the presiding agencies; to fulfill their assigned tasks, ensuring quality and promptness as prescribed.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees shall promulgate regulations on and organize the online delivery and receipt of documents and processing of documentation at Ministries, agencies and local authorities, ensuring the continuity, promptness, accuracy and safety of information and data

4. Ministries, agencies and local agencies shall cooperate with one another and provide sufficient and timely documents, information and data in the processing of documentation submitted to the Government, Government’s Executive Committee and Prime Minister according to this set of regulations and at the request of the Prime Minister or Deputy Prime Ministers or the Office of the Government.

Article 15. Procedures for processing of draft legislative documents

Comply with regulations of law on promulgation of legislative documents and the following regulations:

1. If a draft document is valid and complies with the submission procedures and there is no dissenting comments about it, within 05 working days for the document submitted to the Government’s Executive Committee and Prime Minister and 07 days for the document submitted to the Government, the Office of the Government shall verify the procedures for processing and authority to process it and provide advice on consolidation of contents (hereinafter referred to as “verification comments”), and then submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

2. If a draft document is invalid and does not correctly comply with the submission procedures or the Ministry of Justice concludes that it is ineligible for submission or fails to comply with the regulations laid down in point d clause 3 Article 8 of this set of regulations, within 03 working days from the receipt of the documentation, the Government's Office shall request the agency presiding over drafting in writing to complete it.

3. If a draft document is valid and complies with the submission procedures but there is dissenting comments about major issues concerning contents of the draft document:

a) If the submitting agency has presided over and cooperated with Ministries and agencies but has not reached an agreement, within 05 working days from the date of receipt of the documentation, the Government’s Office shall chair a meeting with representative of the Ministry's leader, drafting agency, Ministry of Justice and relevant Ministries and agencies for discussion, clarification and agreement before submission to the Prime Minister or Deputy Prime Minister;

b) In case of disagreement, within 03 working days from the date of the meeting, the Office of the Government shall fully consolidate dissenting comments and submit them to the Prime Minister or Deputy Prime Minister in charge for consideration and decision.

4. The Prime Minister or Deputy Prime Minister shall provide his/her comments in the enquiry form within 03 working days from the date of submission by the Office of the Government, except for special cases.

5. In case of sending an enquiry form to Cabinet members:

a) The Office of the Government shall preside over and cooperate with the drafting agency in determining the contents on which comments are collected; send the enquiry form together with all documents through the Government’s Information System serving meeting organization and task performance, except for confidential files. Cabinet members shall give their comments within 05 working days. In other cases, follow the direction of the Prime Minister or Deputy Prime Minister in charge;

b) If the majority of the Cabinet members express approval and there are no longer dissenting comments, the Office of the Government shall cooperate with Ministries and agency presiding over drafting to finalize the draft and submit it to the Prime Minister for consideration and decision;

c) If the majority, but not all, of the Cabinet members express approval, the Office of the Government shall, within 02 working days, the Office of the Government shall transfer the Government’s comments to the agency presiding over drafting so as for it to give responses, complete the draft and report it to the Prime Minister within 05 working days;

If the agency presiding over submission has recorded comments, the Government's Office shall consolidate and report them to the Prime Minister for consideration and decision on whether to collect comments of Cabinet members or hold meetings with Cabinet members expressing dissenting opinions;

d) If the majority of the Cabinet members have yet to express approval, the Office of the Government shall transfer comments of the Cabinet members to the agency presiding over drafting so as for it to keep processing it for reporting to the Prime Minister for consideration and decision.

6. For a draft document which is discussed and voted at a Government’s meeting session, after the end of the meeting session, pursuant to the Government's resolution, the drafting agency shall preside over and cooperate with the Government's Office and relevant agencies in responding to the Cabinet members, complete the draft and submit it to the Prime Minister for consideration and decision.

7. Within 01 working day from the date on which the Prime Minister or Deputy Prime Minister signs the document, the Office of the Government shall release and publish it on the Government's web portal as prescribed.

Article 16. Procedures for processing schemes, documents, reports and others submitted to the Government and Prime Minister

1. If a file, document or report is insufficient, correctly complies with the submission procedures and falls under the prescribed processing authority, within 03 working days from the date of receipt, the Office of the Government shall express its verification comments and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

2. If a file, document or report is insufficient, fails to correctly comply with the submission procedures and is beyond the prescribed processing authority of the Government, Government’s Executive Committee or Prime Minister or the regulations set out in point d clause 3 Article 8 of this set of regulations, within 03 working days from, the Office of the Government shall return the file and state the reason or transfer the file to a competent authority and also the submitting agency for cooperation.

3. If a file has correctly complied with the submission procedures and fallen under the prescribed processing authority, but the Office of the Government finds it necessary to collect additional comments from related agencies, within 03 working days from the date of receipt of the file, the Office of the Government shall process it as follows:

a) Send an enquiry to related agencies, clearly stating the deadline for giving responses. Within 03 working days from the deadline for collecting comments, the Office of the Government shall process the file and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision;

b) Where necessary, the Office of the Government shall chair a meeting with related agencies to clarify contents before submission to the Prime Minister or Deputy Prime Minister. After the end of the meeting, within 03 working days, the submitting agency shall cooperate with the Office of the Government to complete the file and submit it to the Prime Minister or Deputy Prime Minister for consideration and decision.

4. The Prime Minister or Deputy Prime Minister shall process the file and provide his/her comments in the enquiry form within 03 working days from the date of submission by the Office of the Government, except for special cases.

5. Subsequent procedures for handling issues under the Government's authority are specified in clauses 5 and 6 Article 15 of this set of regulations.

6. Within 01 working day from the date on which the Prime Minister or Deputy Prime Minister signs the document or gives his/her comments on task performance, the Office of the Government shall release the document as prescribed.

7. Regarding procedures related to the administrative procedures that have been implemented under special legislation, the time limit for processing shall not exceed that prescribed by the special legislation.

Article 17. Processing procedures regarding tasks directly governed by the Prime Minister or Deputy Prime Ministers or proposed by the Office of the Government

1. If Ministries, agencies and local authorities do not have documentation for submission but the Prime Minister or Deputy Prime Minister provide directions, the Office of the Government shall provide advice and request its processing.

2. For unexpected, sensitive, difficult or complicated issues beyond the capacity of Ministries, agencies or local authorities, seek comments of the Prime Minister or Deputy Prime Minister in charge; if there is no report or proposal, the Office of the Government shall proactively grasp the situation, provide advice, submit proposals and reports to the Prime Minister or Deputy Prime Minister for consideration and directions.

3. For issues under the handing authority of the Government or Prime Minister:

a) The Office of the Government shall notify the Prime Minister or Deputy Prime Minister in charge and proactively hold a meeting with or send enquiries to Ministries, agencies and local authorities concerned, consolidate comments and submit proposals to the Prime Minister or Deputy Prime Minister for consideration and decision;

b) If there is any content which is important, complicated or related to a mechanism or policy, the Government's Office shall recommend the Prime Minister or Deputy Prime Minister to assign Ministries and specialized agencies to submit reports thereon or formulate a scheme and submit it to the Prime Minister.

Chapter IV

WORKING AGENDAS OF GOVERNMENT AND PRIME MINISTER

Article 18. Types of working agendas

1. A working agenda means a list of draft legislative documents, strategies, planning, plans, resolutions, reports and other schemes (hereinafter referred to as “schemes”) to be submitted to the Government or Prime Minister for; Government, Prime Minister and Deputy Prime Ministers’ activities and tasks to be carried out on an annual, quarterly, monthly and weekly basis.

2. An annual, quarterly or monthly working agenda primarily contains the following contents: presiding authority, name of the scheme, recipients, deadline for submission in each month, Prime Minister or Deputy Prime Minister in charge.

3. Weekly working agendas refer to schedules of activities of the Prime Minister and Deputy Prime Ministers defined by each day in a week.

Article 19. Bases for establishing working agendas

1. Annual, quarterly and monthly working agendas shall be established according to working agendas, directions and conclusions of the Central Committee, Politburo, the Secretariat, the National Assembly, the National Assembly’s Standing Committee, the Government’s Executive Committee, the Prime Minister and Deputy Prime Ministers; laws, ordinances and resolutions of the National Assembly and National Assembly’s Standing Committee; Ministries, agencies and local authorities’ proposals approved by the Prime Minister and Deputy Prime Ministers.

2. Weekly working agendas shall be established according to monthly working agendas and directions of the Government, Prime Minister and Deputy Prime Ministers.

Article 20. Procedures for establishing and promulgating working agendas

1. Annual working agenda

a) Before September 30, the Office of the Government shall request Ministries, agencies and local authorities to register schemes in the next year’s working agenda;

b) Before November 15, the Ministries, agencies and local authorities shall register their schemes with the Office of the Government, including the following contents: name, bases for formulation; necessity; proposed contents; scope; appraising authority; recipients; deadline for submission defined for each month; products of the schemes;

c) The Office of the Government shall preside over and cooperate with relevant agencies in verifying and determining schemes to be included in the working agenda; consolidate and draft the next year’s working agendas to be submitted to the Government. Within 10 days from the date on which the Government grants approval, the Office of the Government shall submit them to the Prime Minister for consideration and promulgation.

2. Quarterly, monthly and weekly working agendas

a) According to the annual working agenda that has been promulgated and directions of the Government, Government's Executive Committee, Prime Minister and Deputy Prime Ministers on adjustments to the schemes included in the working agenda, the Government's Office shall update, establish and promulgate a quarterly working agenda on the first working day of the first month of the quarter at the latest;

b) According to the quarterly working agenda that has been promulgated and directions of the Government, Government's Executive Committee, Prime Minister and Deputy Prime Ministers on adjustments to the schemes included in the working agenda, the Government's Office shall update, establish and promulgate a monthly working agenda on the first working day of the month at the latest;

c) According to directions of the Prime Minister, Deputy Prime Ministers and Office of the Government shall establish and promulgate a weekly working agenda on Friday of the previous week at the latest.

Article 21. Implementation of working agendas

1. According to the submission deadline specified in the working agenda, Ministries, agencies and local authorities presiding over the schemes must submit them before the 20th of the month unless otherwise directed by Prime Minister or Deputy Prime Minister.

2. The addition or suspension of formulation of a scheme, change of its name, submitting agency, recipient or submission deadline in the working agenda shall be carried out as directed by the Prime Minister and Deputy Prime Minister.

3. The schemes that are not included in the working agenda and not authorized by the Government, Government’s Executive Committee, Prime Minister, Deputy Prime Minister or competent authority are ineligible to be submitted for consideration and approval.

4. For the schemes and draft legislative documents, the formulation of plans for implementation thereof shall comply with regulations of law on promulgation of legislative documents.

Article 22. Responsibility for establishing, implementing, monitoring and assessing implementation of working agendas

1. The Prime Minister and Deputy Prime Ministers shall directly govern the formulation and implementation, and expedite and assess the implementation of working agendas in the fields under their management.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees shall directly govern and take responsibility for organizing implementation of working agendas.

3. The Office of the Government is an agency managing working agendas; provide advice on establishment, promulgation, adjustment and implementation of working agendas; assist the Prime Minister in monitoring, expediting, inspecting and assessing the implementation and present reports thereon at monthly the Government’s Regular Meetings.

4. Before the 25^th of the month, Ministries, agencies and local authorities shall submit a report on working agenda implementation to the Government's Office.

5. Results of implementation of working agendas serve as criteria for assessing the performance by Cabinet members, Ministries, agencies and local authorities.

6. The Prime Minister shall prescribe the establishment, management and implementation of working agendas of the Government and Prime Minister.

Chapter V

MEETING SESSIONS OF GOVERNMENT AND MEETINGS AND CONFERENCES OF GOVERNMENT AND PRIME MINISTER

Article 23. Government’s meeting sessions

1. The Government shall hold its regular meeting once a month before the fifth of the next month. In special cases, the meeting held after the aforementioned deadline shall be decided by the Prime Minister.

2. The Government shall hold theme meetings on unexpected tasks under the Prime Minister’s decisions or at the request of at least at least one-third of the total number of Cabinet members or at the request of the State President of Vietnam to discuss relevant issues in order to exercise his duties and powers.

3. The Prime Minister shall chair Government’s meeting sessions. Where necessary, the Prime Minister shall appoint the Permanent Deputy Prime Minister or a Deputy Prime Minister to act on behalf of the Prime Minister to chair and close the meeting sessions or decide several issues discussed at the meeting sessions.

Article 24. Preparation for Government's meeting sessions

1. The Prime Minister shall decide types, time and agendas of meeting sessions. Attendees of the meeting sessions are Article 25 of this set of these regulations.

2. The Office of the Government shall:

a) Anticipate types (online, offline), time and agendas for a meeting and submit them to the Prime Minister for decision;

b) Urge relevant authorities to send documents serving the meeting;

c) Send invitations and documents to attendees at least 03 days before the meeting, except for special cases; cooperate with the agency presiding over the scheme to take back required confidential documents after the end of the meeting session;

d) Present verification reports on contents of the scheme presented at the meeting session.

3. The agency presiding over the scheme shall:

a) Propose issues to be raised at the Government’s Regular Meeting and send them to the Office of the Government before the 20^th every month for consolidation and reporting to the Prime Minister;

b) Send meeting documents and files through the meeting information system and handle Government’s affairs (except for confidential documents) at least 03 days before the meeting; send physical documents to the Office of the Government upon request;

c) Preside over and cooperate with the Government's Office in taking back required confidential documents after the end of the meeting session.

Article 25. Attendees of Government's meeting sessions

1. Cabinet members, heads of Governmental agencies.

If the Minister, head of ministerial agency or head of Governmental agency is absent but states a legitimate reason for his/her absence and the reason is approved by the Prime Minister, he/she is entitled to appoint his/her to attend the meeting session on his/her behalf. The authorized attendee shall present Cabinet members' comments to the Government but is not permitted to vote.

The meeting session is held if at least two-thirds of the total number of Cabinet members are present.

2. Guests invited to attend Government’s meeting sessions include:

a) The State President of Vietnam invited to all meeting sessions;

b) Chairperson of the Central Committee of Vietnamese Fatherland Front, Chairperson of the National Assembly’s Ethnic Minorities Council, heads of central authorities of socio-political organizations invited to discuss relevant issues;

c) Leaders of the Communist Party’s Committees and National Assembly’s Committees, State Auditor General, Chief Justice of Supreme People’s Court, Prosecutor General of People’s Supreme Procuracy, Chairpersons of People's Council and Chairpersons of provincial People’s Committees invited to meeting sessions where necessary;

d) Other guests invited under the Prime Minister's decisions.

3. Attendees which are not Cabinet members are invited to express their opinions but do not reserve the right to vote.

Article 26. Flow of Government’s meeting sessions

1. The Minister, Chairman/Chairwoman of the Office of the Government shall report meeting contents, agendas and attendees.

2. The Prime Minister shall chair shall chair Government’s meeting sessions.

3. The authority presiding over the scheme shall briefly present the scheme and matters on which the Government’s comments need to be sought.

4. The Minister, Chairman/Chairwoman of the Office of the Government shall present the consolidated report on Cabinet members’ comments, comments of relevant agencies and verification comments of the Office of the Government, clearly stating concurring comments, dissenting comments, issues that need to be discussed and proposed; Where necessary, the Prime Minister shall invite representatives of other agencies to report several related issues.

5. Cabinet members shall make their comments, clearly expressing their approval or disapproval of the issues which the Government needs to discuss; vote on the issues under discussion. Where a draft Resolution of the meeting session is sent to Cabinet members to collect their comments, the dissenting or concurring comment on draft Resolution is considered a form of voting.

6. The Prime Minister shall give a closing speech at the meeting session.

7. For draft legislative documents to be included in the Government’s meeting agenda, apart from complying with the regulations laid down in this Article, the flow of a meeting shall comply with the regulations shall comply with Articles 41, 61 and 96 of the Law on Promulgation of Legislative Documents.

Article 27. Minutes and Resolutions of Government’s meeting sessions

1. The Office of the Government shall organize preparation of minutes, audio recording, signature, management and use of minutes of Government’s meeting sessions.

2. A meeting session's Resolution shall sufficiently and clearly specify the Government's resolutions at the meeting session; tasks of Ministries, agencies and local authorities for implementation of the Government's resolutions. The Office of the Government shall consolidate and draft meeting session’s resolutions and add the tasks resolved by the Prime Minister but not yet included in the resolution and promulgate a document providing guidance on implementation thereof.

Article 28. Conferences of Government and Prime Minister

1. On an annual, biannual or quarterly basis or where necessary, the Government shall organize conferences with local authorities and agencies concerned to implement and discuss solutions for implementing the socio - economic development plan, state budget estimates and other essential and urgent issues and tasks.

2. Theme conferences shall be organized to organize the implementation or carry out review or preliminary review of Resolutions of the Communist Party, Resolutions of the National Assembly, documents, mechanisms, major policies or important tasks under the direction of the Government and Prime Minister.

3. The Office of the Government shall submit to the Deputy Minister or Deputy Prime Minister contents, types (online, offline), attendees, time and location of conferences.

4. Relevant agencies shall make preparations and present them at conferences as prescribed in clause 3 Article 24 of this set of regulations and as assigned by the Prime Minister and Deputy Prime Ministers; send documents to conference attendees at the request of the Office of the Government.

.Article 29. Conferences of Government and Prime Minister

1. The Prime Minister or Deputy Prime Minister shall hold meetings and work (online, offline) with leaders of Ministries, agencies and local authorities concerned to provide directions for task performance.

2. Responsibilities of Office of the Government:

a) Urge Ministries, agencies and local authorities presiding over the scheme to prepare sufficient documents; send invitations and documents (if any) to attendees at least 03 days before the date of a meeting or appointment, except for special cases;

b) Prepare consolidated reports, recommendations and proposals for settlement of relevant issues, report them to the Prime Minister or Deputy Prime Minister at least 01 working day before date of meeting or appointment, except for special cases;

c) Make necessary preparations for the meeting or appointment, ensure security and safety if the meeting is held at the Government’s head office; cooperate with relevant Ministries, agencies and local authorities concerned in doing so if the meeting is held outside the Government’s head office;

d) Take minutes of meeting and audio recordings of the meeting as prescribed in clause 1 Article 27 of this set of these regulations;

dd) Within 03 working days from the date of meeting or appointment, the Office of the Government shall issue a notice of conclusion. If case the draft notice of conclusion of the Prime Minister or Deputy Prime Minister must be sent to collect comments of the Deputy Prime Minister, ministries, agencies and local authorities concerned, the time limit for issuance of the notice of conclusion shall not exceed 05 working days unless otherwise directed by the Prime Minister or Deputy Prime Minister.

3. Responsibilities of Ministries, agencies and local authorities:

a) Attend the meeting when being on the guest list; make sufficient preparations and send documents to attendees at the request of the Office of the Government. If leader of a Ministry, agency or local authority is not able to attend the meeting, appoint a competent person to attend the meeting on his/her behalf; notify and obtain consent of the chairman;

b) Make comments on issues concerning the meeting;

c) After the meeting, undertake the tasks according to the conclusion given by the Prime Minister or Deputy Prime Minister.

4. For the appointment with a local authority: the local authority shall prepare reports, recommendations and send them to the Office of the Government at least 07 days before the date on which the Prime Minister or Deputy Prime Minister holds the appointment, except for urgent cases. The Office of the Government shall collect comments of Ministries, agencies and local authorities concerned to advise and recommend the Prime Minister or Deputy Prime Minister for consideration and decision.

Article 30. Meetings of Government’s Executive Committee

1. Basically, a meeting of the Government’s Executive Committee shall be held every Monday and where necessary as decided by the Prime Minister, including issues and tasks which the Prime Minister or Deputy Prime Minister find it necessary to discuss among leaders of the Government.

2. Issues and tasks to be discussed at a meeting of Government’s Executive Committee include:

a) Contents to be reported and discussed at the Government’s meeting session;

b) Projects, schemes and reports under the working agendas of the Central Committee, the Politburo, the Secretariat, the National Assembly or the National Assembly’s Standing Committee as directed by the Prime Minister or Deputy Prime Minister;

c) Issues proposed by the Deputy Prime Minister or approved by the Prime Minister;

d) Performance in the previous week, working schedule for the next week and in the coming time;

dd) Other issues decided by the Prime Minister.

3. To spend less time on and improve quality of a meeting, the proposals to be presented at the meeting of the Government’s Executive Committee shall be carefully prepared, receive sufficient comments of relevant authorities and be commented by the Deputy Prime Minister in charge.

4. Attendees of the meeting of Government’s Executive Committee include:

a) Minister, head of ministerial agency or head of Governmental agency concerned, in case of appointing a deputy to attend the meeting on his/her behalf, state the reason and obtain the Prime Minister’s consent;

b) Other delegates directed by Deputy Prime Minister.

5. The Office of the Government shall send enquiries to Ministries, agencies and local authorities concerned, except for unexpected meetings or schemes, projects and draft legislative documents on which comments of relevant agencies have been collected during the drafting process in accordance with regulations of Law on Promulgation of Legislative Documents; prepare a consolidated report, clearly stating the preparation process and comments of agencies, dissenting comments and recommendations to the Government’s Executive Committee.

6. At the meeting, the Minister, Chairman or Vice Chairman of the Office of the Government shall directly the presentation of consolidated reports, give advice and recommendations on handling of issues; Ministries and agencies presiding over schemes, Ministries and agencies expressing disagreements or other delegates shall provide additional explanation at the request of the Government’s Executive Committee.

7. The Office of the Government shall perform the tasks prescribed in points a, b, c and d clause 2 Article 29 of this set of these regulations. Based on the conclusion of the Prime Minister and comments of the Deputy Prime Ministers at the meeting, within 03 working days from the date of the meeting, the Office of the Government shall draft a notice of conclusion of Government’s Executive Committee, send it to the Government’s Executive Committee to collect its comment in order to finalize the draft and submit it to the Deputy Prime Minister in charge of the field for consideration and approval before promulgation; if the draft involves the issues under the direct supervision and direction by the Prime Minister, it shall be submitted to the Prime Minister for consideration and approval before promulgation.

If it is required to collect comments of Ministries, agencies and local authorities concerned about the draft notice of conclusion, the time limit for issuing the conclusion notice shall not exceed 05 working days from the date of the meeting unless otherwise directed by the Prime Minister or the Deputy Prime Minister in charge of the field.

Article 31. Meetings chaired by Cabinet members authorized by the Prime Minister to perform tasks of the Government and Prime Minister

1. Where necessary, the Prime Minister may authorize a Cabinet member to chair the meeting to perform tasks and handle schemes submitted to the Government and Prime Minister.

2. If the meeting is held at the Government’s head office, it shall be held as prescribed in clauses 2 and 3 Article 29 of this set of Regulations. If the meeting is held at a Ministry, agency or local authority, the Ministry, agency or local authority shall cooperate with the Office of the Government in making preparations for the meeting.

Article 32. Maintaining discipline at meeting sessions, conferences, meetings and appointments of Government, Government’s Executive Committee, Prime Minister, Deputy Prime Ministers

1. Cabinet members and heads of Governmental agencies shall attend meeting sessions, conferences, meetings and appointments when being on the guest list and in compliance with their schedules in full. If they are absent or occasionally absent or appoint another person to attend on their behalf, notify and obtain consent of the chairman.

2. Attendees shall use the documents for meeting sessions, conferences, meetings and appointments for their intended purposes.

3. Meeting sessions, conferences, meetings and appointments involving state secrets must satisfy the requirements concerning contents, attendees, location, vehicles, equipment, protection plans and relevant regulations of law on protection of state secrets. Attendees shall protect and use state secrets in accordance with regulations of law on protection of state secrets and at the request of the chairman.

For online meetings, conferences, meetings and appointments, it is required to maintain internet connection in accordance with regulations of law on cipher.

4. Organizations and individuals involved in meeting sessions, conferences, meetings and appointments are not allowed to disseminate information under discussion unless otherwise directed by the Prime Minister or the chairman.

Chapter VI

MONITORING, EXPEDITING AND INSPECTING IMPLEMENTATION OF LEGISLATIVE DOCUMENTS AND PERFORMANCE OF TASKS ASSIGNED BY GOVERNMENT AND PRIME MINISTER

Article 33. Principles of monitoring, expediting and inspection

1. Carry out monitoring, expediting and inspection on a regular basis and according to plans; promote cooperation to avoid overlapping and duplication.

2. Carry out monitoring, expediting and inspection intra vires and in compliance with regulations of law; in a public, transparent and objective manner; in a manner that does not obstruct normal operation of inspected agencies and organizations.

3. Maintain discipline and administrative discipline, effectively serve the governance by the Government, Prime Minister and regulatory bodies.

4. Build an information technology system interconnected between the Office of the Government, Ministries, agencies and local authorities during monitoring, expediting and inspection.

Article 34. Power to carry out monitoring, expediting and inspection

1. The Government and Prime Minister shall carry out thorough inspection of implementation of legislative documents of the National Assembly, Standing Committee of National Assembly, President of Vietnam, Government and Prime Minister and performance of tasks assigned by Government and Prime Minister.

2. Deputy Prime Ministers shall inspect performance of tasks specified in clause 1 of this Article under their authority; other Cabinet members shall inspect performance of tasks assigned by the Government and Prime Minister as authorized by the Prime Minister.

3. The Minister, Chairman/Chairwoman of the Office of the Government shall assist the Prime Minister and Deputy Prime Ministers to monitor, expedite and inspect performance of tasks assigned by the Government and Prime Minister to Ministries, agencies and local authorities, and proactively report results regularly, as requested or as prescribed upon being assigned tasks or report them at a Government’s Regular Meeting as prescribed.

4. The Minister of Justice shall assist the Prime Minister and Deputy Prime Ministers to monitor the implementation of legislative documents as prescribed in clause 1 of this Article and submit a report thereon to the Government and Prime Minister.

5. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Councils, Chairpersons of provincial People’s Committees shall monitor, expedite and inspect the implementation of legislative documents under their authority and performance of tasks assigned by the Government and Prime Minister to the Ministers, heads of ministerial agencies and local authorities.

6. The Prime Minister shall elaborate on the monitoring, expediting and inspection of performance of tasks assigned by the Government, Prime Minister and Deputy Prime Ministers.

Article 35. Contents and methods of monitoring, expediting and inspection

1. Contents

Organization of implementation of legislative documents; performance of tasks assigned by the Government and Prime Minister; delegation of responsibilities of Ministries, agencies, local authorities and organizations and individuals concerned.

2. Methods

a) Data management system connected between the Office of the Government, Ministries, agencies and local authorities;

b) Periodic or ad hoc reports;

c) Meetings held according to the approved plan or on an ad hoc basis;

d) Activities of Prime Minister’s working group led by the Minister, Chairman/Chairwoman of the Office of the Government or working delegations established by the Minister, Chairman/Chairwoman of the Office of the Government;

dd) Other methods.

Article 36. Inspection results

1. At the end of an inspection, the presiding authority or person shall report inspection results.

2. An inspection result report shall clearly state achieved results; shortcomings, limitations, causes and lessons learned; tasks and solutions for further implementation; responsibilities of relevant organizations and individuals; recommendations, suggestions.

Chapter VII

GUEST RECEPTION AND BUSINESS TRIPS

Article 37. Regulations on guest reception

1. The Prime Minister shall directly or assign a Deputy Prime Minister or Cabinet member to act on his/her behalf to receive guests from the Government and Prime Minister.

2. The Office of the Government shall:

a) Receive requests for guest reception submitted to by the Prime Minister and Deputy Prime Ministers by Ministries, agencies and organizations concerned; advise and recommend the Prime Minister and Deputy Prime Ministers to consider and decide contents, methods and attendees; promptly notify comments of Prime Minister and Deputy Prime Ministers to Ministries, agencies and local authorities;

b) Cooperate with Ministries and agencies concerned in making preparations including contents, documents, time, location and attendees and hire interpreters (if necessary);

c) Render guest reception, logistics, gift, security and safety services. Invite news agencies as prescribed.

Article 38. Business trips in localities and establishments

1. Under the direction of the Prime Minister or Deputy Prime Ministers or at the request of localities, the Office of the Government shall request the Prime Minister or Deputy Prime Minister to make his/her decision on visit and business trip. Arrangements for the business trip shall be made as prescribed in clauses 2, 3 and 4 Article 29 of this set of these regulations.

2. If the Prime Minister or Deputy Prime Minister carries out an unscheduled inspection without prior notice, the Office of the Government shall make arrangements for the business trip under his/her direction.

3. The organization of a Government’s or Prime Minister’s working delegation or working group for a business trip to a locality shall comply with regulations of the CPV Central Committee and Politburo. Cabinet members shall fully engage in business trips taken by the Government and Prime Minister as requested. If a Cabinet member is absent or occasionally absent, notify the Prime Minister and obtain his consent to appoint the former’s deputy.

4. Cabinet members shall spend time carrying out inspection in localities and establishments. Depending on each business trip, make appropriate arrangements to ensure its practicality, thriftiness and efficiency.

5. Any Minister, head of ministerial agency or head of Governmental agency invited to participate in a conference or working delegation of great importance outside the Government shall clearly report the purposes, contents and duration to the Prime Minister and Deputy Prime Minister in charge for consideration and decision. After the end of the conference or business trip, it is required to make a quick report on the results to the Deputy Prime Minister in charge and the Prime Minister.

Article 39. Overseas business trips

1. The organization of overseas business trips taken Cabinet members and heads of Governmental agencies shall strictly comply with regulations of the Communist Party of Vietnam and Government.

2. The Ministry of Foreign Affairs shall preside over and cooperate with the Office of the Government, Ministries and relevant agencies in formulating a scheme for guidelines for a business trip, set an agenda, make arrangements concerning composition of the delegation, protocol, propaganda, communication and confidentiality; take full responsibility for the working agenda and protocol in relation to the business trip and submit a report thereon to the Deputy Prime Minister in charge before reporting to the Prime Minister for consideration and decision.

3. At the request of the Ministry of Foreign Affairs, the Office of the Government shall submit to the Deputy Minister or Deputy Prime Minister for consideration and decision on working agenda and composition of the working delegation.

4. The Ministry of Foreign Affairs shall preside over and cooperate with the Office of the Government, Ministries and relevant agencies in writing a press release on the result of the business trip and send it to news agencies. The Ministry of Foreign Affairs shall make quick and full reports on official activities related to the business trip as prescribed.

5. Before making an overseas business trip or joining an overseas working delegation including a business trip which is made according to the annual plan for foreign affairs approved by the Prime Minister, every Cabinet member, head of Governmental agency, Chairperson of provincial People’s Council or Chairperson of provincial People’s Committee must obtain permission from the Prime Minister. After the overseas business trip, within 07 days, submit a report on result of the business trip to the Prime Minister.

Chapter VIII

COMMUNICATION AND REPORTING

Article 40. Reporting regimes of the Government, Prime Minister and Cabinet members

1. The Government shall submit reports on its performance to the National Assembly, National Assembly’s Standing Committee and State President of Vietnam as prescribed by law; submit ad hoc and theme reports at the request of the National Assembly, National Assembly’s Standing Committee and President of Vietnam.

a) The Prime Minister or Deputy Prime Minister shall assign a Ministry or agency to preside over and cooperate with related agencies in preparing reports;

b) The Office of the Government shall verify and cooperate with the Ministry and presiding agency in completing the reports, submit them to the Deputy Prime Minister in charge and Prime Minister for consideration and decision.

c) For an ad hoc or theme report prepared at the request of the National Assembly, the National Assembly’s Standing Committee or the State President of Vietnam, the Prime Minister may authorize a Cabinet member to act on behalf of the Government to submit the report and take responsibility to the Government and Prime Minister for its contents.

2. The Prime Minister shall report his/her performance, give explanations and answer questions in front of the National Assembly and National Assembly’s Standing Committee or assign or authorize a Deputy Prime Minister or Cabinet member to present the report, give explanations and answer questions in front of the where necessary or appropriate or in case of absence.

The Prime Minister shall assign the Office of the Government to preside over and cooperate with Ministries and agencies concerned in preparing a draft report, completing it, giving explanations and answering questions, and submit it to the Prime Minister or Deputy Prime Minister in charge for consideration and decision.

3. The Prime Minister shall report or assign or authorize a Deputy Prime Minister to report important issues handled by the Government and Prime Minister to the people via mass media.

a) The Prime Minister shall assign a Ministry or agency to preside over and cooperate with related agencies in preparing a draft report and submit it to the Prime Minister;

b) The Office of the Government shall verify and cooperate with the Ministry and presiding agency in completing the draft report, submit it to the Deputy Prime Minister in charge to collect his comments before submission to the Prime Minister for consideration and decision.

4. Every Cabinet member shall report his/her performance to the Government and Prime Minister; give explanations and answer questions in front of the National Assembly and National Assembly’s Standing Committee; report important issues under their authority and management to the people as prescribed.

Article 41. Communication and reporting serving direction and governance by the Government and Prime Minister

1. Ministries, agencies and local authorities shall submit reports to the Government and Prime Minister as follows:

a) Submit periodic consolidated reports (quarterly, biannual and annual) on affairs, management, governance and results of implementation of working agendas of the Government and Prime Minister and tasks assigned by the Government and Prime Minister; propositions and recommendations (if any):

- Submit to the Office of the Government and relevant agencies the quarterly report on the 15^th of the last month of the quarter at the latest and the biannual report on June 15 every year.

- Submit the annual report to Office of the Government and relevant agencies on December 15 every year;

b) Theme and ad hoc reports prepared at the request of the Prime Minister and Deputy Prime Ministers;

c) Draft reports of the Government and Prime Minister shall be submitted to agencies of the Communist Party, National Assembly, the National Assembly’s Standing Committee and the State President of Vietnam assigned by the Prime Minister and Deputy Prime Ministers.

2. The Ministry of Foreign Affairs shall post daily foreign affairs news on overseas mass media and provide foreign affairs information to the Prime Minister, Deputy Prime Ministers and other Cabinet members.

3. The Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Transport (National Traffic Safety Committee) and Vietnam News Agency shall, on a daily basis (including public holidays, submit to the Prime Minister reports on situations in border areas, at sea and in islands, national defense, security, social order and safety and remarkable foreign affairs information.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairpersons of provincial People’s Committees shall provide directions for connection and regular updating of data, integration of information systems and databases of Ministries, agencies and local authorities with information systems of the Government through the Vietnam Data Exchange Platform, append digital signatures and take responsibility for the accuracy, adequacy and promptness of data and reports.

5. Apart from the tasks mentioned in clauses 1 and 4 of this Article, the Minister, Chairman/Chairwoman of the Office of the Government shall undertake the following tasks:

a) Daily report issues for which directions need to be provided; propose processing of daily news; direction and governance by the Government and Prime Minister on a monthly, quarterly, biannual and annual basis; other reports at the request of the Prime Minister;

b) Instruct, inspect and urge Ministries, agencies and local authorities to connect, update, integrate and share data and strictly implement communication and reporting regulations;

c) Build infrastructure and develop information systems and centers in service of direction and government as assigned by the Government and Prime Minister;

d) Receive feedback of the people and organizations providing advice on direction and governance by the Government, Prime Minister, Ministers, heads of ministerial agencies and heads of Governmental agencies.

6. Ministers, heads of ministerial agencies and heads of Governmental agencies shall submit to the Prime Minister and Deputy Prime Ministers monthly reports on their direction, government and performance of assigned tasks within their jurisdiction.

Article 42. Reporting at Government’s meeting sessions

1. The Minister of Planning and Investment shall submit monthly reports on socio - economic situation and proposed solutions for directing and governing performance of tasks and plans. The Minister, Chairman/Chairwoman of the Office of the Government shall report the implementation of working agendas and tasks assigned by the Government and Prime Minister.

2. The Inspector-General shall submit quarterly reports on anti-corruption, misconduct prevention, inspection and settlement of complaints and denunciations. The Minister of Home Affairs shall submit reports on administrative reform. The Minister of Justice shall submit reports on formulation of laws and ordinances and documents elaborating laws and ordinances.

3. At the Government’s Regular Meeting in June and December, the Minister, Chairman/Chairwoman of the Office of the Government shall present a review report on the direction and governance by the Government and Prime Minister.

4. Other theme and ad hoc reports prepared under the direction of the Prime Minister and Deputy Prime Ministers.

Article 43. Communicating information about activities of Government to the people

1. The Prime Minister and other Cabinet members shall report to the people important issues as prescribed in Articles 29 and 37 of the Law on Government Organization.

2. The Minister, Chairman/Chairwoman of the Office of the Government is the spokesman of the Government, responsible for proactively providing information on the Communist Party's guidelines and policies and State’s laws and outstanding socio-economic situation; hold periodic and unscheduled press conferences to announce the results of Government’s meeting sessions and information on important policies and decisions during the direction and governance by the Government and the Prime Minister; respond to the issues of public opinion and press interest; issue press releases. Ministries, ministerial agencies, Governmental agencies and local authorities shall, at the request of the Government, Prime Minister or Minister, Chairman/Chairwoman of the Office of the Government, attend press conferences, directly answer questions and assume responsibility for providing timely information about issues under their authority.

3. Ministers, heads of agencies and Chairpersons of provincial People’s Committees shall:

a) Strictly implement regulations on making speeches, proactively providing information to the press and the People, enabling news agencies to access accurate and timely information about events occurring within their industries, fields or localities;

b) Hold direct dialogues with the people adopting appropriate methods; periodic press conferences and press conferences when issuing important documents, when implementing major policies of the Communist Party of Vietnam and State, at notable events or under the direction of the Prime Minister and Deputy Prime Ministers;

c) Regularly and promptly provide information and respond to media inquiries as prescribed by law.

Article 44. Foreign affairs information

The Minister of Foreign Affairs shall preside over and cooperate with the Minister, Chairman/Chairwoman of the Office of the Government and Minister of Information and Communications in directing organization of press conferences and regularly providing information about socio - economic situation and activities of the Government and Prime Minister to foreign news agencies in Vietnam and overseas Vietnamese community./.

 

------------------------------------------------------------------------------------------------------
This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed