Nghị định 79/2022/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Văn phòng Chính phủ

DECREE

ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT OFFICE

Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on functions, tasks, powers and organizational structure of Ministers and ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending Decree No. 123/2016/ND-CP;

At the request of the Minister and Head of the Government Office;

The Government of Vietnam promulgates a Decree on functions, tasks, powers and organizational structure of the Government Office.

Article 1. Positions and functions

The Government Office is a ministerial agency of the Government, an assisting apparatus of the Government and the Prime Minister.

Functions of the Government Office include: advise on general affairs and coordinate activities to assist the Government and the Prime Minister (including Deputy Prime Ministers) in organizing the Government's general activities, directing and administering the operation of the Government and the state administrative system from the central to grassroots level, ensuring the uniformity, smoothness and continuity of the national administrative system; control administrative procedures; ensure information to serve the Government’s and the Prime Minister’s leadership, direction and administration work and provide information to the public in accordance with law; and ensure material, technical and logistical conditions for the operation of the Government and the Prime Minister.

Article 2. Tasks and entitlements

The Government office shall perform tasks and entitlements prescribed in Decree No. 123/2016/ND-CP dated September 01, 2016 of the Government on functions, tasks, powers and organizational structure of Ministers and ministerial agencies; Decree No. 101/2020/ND-CP dated August 28, 2020 of the Government amending Decree No. 123/2016/ND-CP and the following specific tasks and entitlements:

1. Advise on general affairs and coordinate activities to assist the Government

a) Formulate and manage the Government's work programs in accordance with law; monitor and urge ministries, ministerial agencies and governmental agencies (hereinafter referred to as “ministries and central authorities”), the People's Committees of provinces and central-affiliated cities (hereinafter referred to as “the provincial People's Committees”), and agencies and organizations related to the execution of the Government's work programs and the Government's Working Regulation; consolidate and evaluate their progress and results and submit reports to the Government;

b) Cooperate with ministries, central authorities, the provincial People's Committees and related agencies and organizations in preparing and finalizing schemes, projects and draft legislative documents to submit them to the Government for consideration and decision in accordance with law;

c) Examine the order, procedures and competence for handling and providing advices on contents; give its own opinions on schemes, projects, draft legislative documents and reports according to the Government's work programs and other tasks submitted by ministries, central authorities, the provincial People's Committees and related agencies and organizations;

d) Take charge and cooperate with ministries, central authorities, the provincial People's Committees and related agencies and organizations in preparing contents to serve meetings and conferences of the Government;

dd) Assist the Government in working relations with agencies of the Vietnamese Communist Party, the National Assembly, the National Assembly Standing Committee, the President, the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations, the Supreme People's Court and the Supreme People's Procuracy;

e) Formulate schemes, projects, draft legislative documents and reports when assigned by the Government.

2. Advise on general affairs and coordinate activities to assist the Prime Minister in:

a) Formulating and managing the Prime Minister's work programs in accordance with law; monitoring, urging, inspecting, consolidating, assessing and reporting the progress and results of execution of the Prime Minister's work programs; proposing the Prime Minister for major and key tasks which require concentrated leadership, direction and administration in each specific period;

b) Examining the order, procedures and competence for handling and providing advices on contents; giving its own opinions on schemes, projects, draft legislative documents and reports according to the Prime Minister’s work programs and other tasks submitted by ministries, central authorities, the provincial People's Committees and related agencies and organizations;

c) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in finalizing contents, procedures, documentation and draft documents about other regular tasks which have to be submitted to the Prime Minister for consideration and decision by these ministries, central authorities, the provincial People’s Committees and related agencies and organizations;

d) Assisting the Prime Minister in regulating and coordinating operations of ministries, central authorities and the provincial People's Committees in the process of formulation and implementation of policies and laws; the operation of interdisciplinary collaboration councils, committees, steering committees and organizations headed by the Prime Minister in accordance with law;

dd) Requesting the Government or Prime Minister to consider assigning ministries, central authorities, the provincial People's Committees and related agencies and organizations to formulate mechanisms, policies, schemes, projects and draft legislative documents for submission to competent authorities for decision; or taking the initiative in studying and proposing mechanisms and policies to be submitted to the Government or Prime Minister for consideration and decision;

e) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in formulating work reports, explanations and answers to inquiries of the Government and Prime Minister before the National Assembly, National Assembly Standing Committee, the President, competent agencies and the People under the Prime Minister's direction;

g) Presiding over the drafting and editing of articles, speeches, answers to press interviews and documents for the Prime Minister and other reports and documents under the Prime Minister's direction;

h) Monitoring, urging and examining the performance of tasks assigned by the Government or Prime Minister to ministries, central authorities, the provincial People's Committees and related agencies and organizations; proposing the Prime Minister for necessary measures to urge the performance of these tasks, overcome shortcomings and ensure observance of administrative rules and disciplines and the effectiveness and efficiency of state management;

i) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in preparing contents to serve meetings, works and local/grassroots-level tasks of the Prime Minister;

k) Attending meetings and conferences of ministries, central authorities, the provincial People's Councils and People's Committees and related agencies and organizations; requesting ministries, central authorities, the provincial People's Committees and related agencies and organizations to provide related documents and data; reporting the performance of tasks assigned by the Government or Prime Minister; participating in Councils, Committees, Steering Committees and inter-sectoral cooperators headed by the Prime Minister according to regulations; taking the initiative in working with ministries, central authorities, the provincial People's Committees and agencies and organizations to grasp the situation in service of the Government's and Prime Minister's leadership, direction and administration work;

l) In case there still have arguments about the issues submitted to the Government or Prime Minister, the Head of the Government Office shall preside over meetings with leaders of ministries, central authorities, the provincial People's Committees and related agencies and organizations in order to exchange and reach agreements, or clarify issues on which arguments remain before submitting them to the Government or Prime Minister;

m) Returing and clarifying reasons or transfering documents to competent agencies for handling if the documents are incomplete, do not follow the procedures, regulations or exceed the Government’s or Prime Minister’s competence or documents of which agencies do not clearly propose solutions;

n) Formulate schemes, projects, draft legislative documents and other documents when assigned by the Prime Minister.

3. Regarding the control of administrative procedures

a) Guide, monitor, urge and inspect the performance of administrative procedure control of ministries, central authorities and the provincial People's; summarize the progress and results and report them to the Government and Prime Minister;

b) Take charge of reforming administrative procedures and implementing single-window systems and interlinked single-window systems for handling administrative procedures at state administrative agencies; disseminating information about the reform of administrative procedures;

c) Request the Government and the Prime Minister to assign ministries, central authorities and the provincial People's Committees to study and propose policies, solutions and initiatives for reform of administrative procedures and relevant regulations or proactively study and propose them; assess and handle results of review of administrative procedures according to law;

d) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in developing, managing and operating National Database on administrative procedures and the National Public Service Portal; performing related tasks assigned by the Government or the Prime Minister;

dd) Receiving and processing reports and proposals of organizations and individuals on administrative regulations under the management of the Government, the Prime Minister and state administrative agencies in accordance with law;

e) Performing standing duties of the Advisory Council for Administrative Procedure Reform.

4. Regarding assurance of information serving the Government’s and Prime Minister’s leadership, direction and administration work

a) Make periodic, thematic and ad hoc reports as prescribed and other reports at the request of the Government or the Prime Minister;

b) Receive information from ministries, central authorities, the provincial People's Committees, agencies, organizations and individuals on the leadership, direction and administration of the Government and Prime Minister; take the initiative in monitoring, coordinating and grasping the practical progress to promptly advise and propose the Government or Prime Minister for consideration and direction of handling urgent and burning issues and public opinions of public concern;

c) Provide information to Government members, Heads of governmental agencies, Chairpersons of the provincial People's Councils and People's Committees, Communist Party and State agencies and related agencies and organizations on the national socio-economic situation and the Government's and Prime Minister's leadership, direction and administration work according to regulations;

d) Take charge and cooperate with ministries, central authorities, the provincial People's Committees and related agencies and organizations in developing, managing and operating information systems and databases assigned by the Government and Prime Minister; connect, coordinate, integrate and share information between the Government Office and ministries, central authorities and the provincial People's Committees to serve the Government's and Prime Minister's leadership, direction and administration work in accordance with law;

dd) Preside over the guidance and urge ministries, central authorities and the provincial People's Committees to send and receive electronic documents; deal with administrative procedures in the electronic environment; implement reporting regimes intended for the Government’s and Prime Minister's direction and administration in accordance with regulations.

5. Regarding the provision of information to the public

a) Provide information to the public on major activities and important decisions in the Government's and Prime Minister's leadership, direction and administration, political, economic and social events and other information in accordance with law and the Prime Minister's direction;

b) Perform the task of making statements of the Government and Prime Minister;

c) Take charge and cooperate with ministers, central authorities, the provincial People's Committees, related agencies and organizations in organizing the Government's press conferences, periodically and ad hoc providing information to the press; advising on the Prime Minister's answers to press interviews; making press releases according to law provisions;

d) Request concerned agencies to adjust and request the press agencies to modify and adjust information contents which are inaccurate or incompliant with the Government's or Prime Minister's leadership, direction and administration requirements in accordance with law;

dd) Perform the state management of the official gazette; manage and publish the Official Gazette of the Socialist Republic of Vietnam in accordance with law;

e) Mange the organization and operation of Vietnam Government Portal.

6. Ensure material, technical and logistical conditions for activities of the Government and the Prime Minister.

7. Formulate and promulgate legislative documents and other documents within the Government Office’s competence in accordance with law.

8. Perform tasks of inspecting documents and handling illegal documents within its competence and according to regulations of law.

9. Receive and process documents submitted by ministries, central authorities, the provincial People's Committees and related agencies, organizations and individuals to the Government and Prime Minister; issue and manage documents of the Government and Prime Minister; formulate, manage and operate an e-document storage system at the Government Office in accordance with law.

10. Conduct inspections; receive citizens, settle complaints and denunciations; prevent and control corruption, practice thrift and anti-waste in accordance with the provisions of law.

11. Summarize and provide professional guidance on office work for offices of ministries and central authorities and offices of the provincial People's Committees.

12. Regarding officials

a) The Government Office's officials must possess good political and ethical qualities, high professional qualifications and a thorough knowledge about the sectors and fields under their charge; be entitled to specific preferential regimes and policies according to regulations;

b) The Government Office may propose the transfer, rotation and secondment of officials from ministries, central authorities, agencies and local authorities to the Government Office and vice versa according to its competence and regulations of the Prime Minister and law. Ministries, central authorities, agencies and local authorities shall transfer, rotate and second officials at the request of the Government Office.

13. Manage organizational apparatus, official payroll, number of employees and working positions; decide recruitment, employment, management and implementation of other regimes and policies for officials and public employees under its management as prescribed.

14. Decide and direct the execution of administrative reform and digital transformation programs under its competence according to the objectives, contents and overall state administrative reform programs.

15. Manage finance, assets and other resources assigned to it; manage scientific research activities; enter into international cooperation in accordance with law.

16. Perform other tasks and entitlements assigned by the Government and Prime Minister or according to regulations of law.

Article 3. Organizational structure

1. Department of General Affairs.

2. Department of Legal Affairs.

3. Department of General Economics

4. Department of Industry.

5. Department of Agriculture.

6. Department of Science, Education, Culture and Social Affairs

7. Department of Enterprise Innovation.

8. Department of International Relations.

9. Department of Internal Affairs.

10. Department of State Administrative Organization and Public Affairs.

11. Department of Complaint, Denunciation and Anti-corruption Monitoring (Department I).

12. National Assembly, Local Government and Association Affairs.

13. Department of Secretarial and Editorial Affairs.

14. Department of Administration.

15. Department of Organization and Personnel.

16. Department of Finance and Planning.

17. Department of Administrative Procedure Control.

18. Bureau of Management.

19. Bureau of Administration and Management II.

20. Vietnam Government Portal (chinhphu.vn, vietnam.gov.vn).

Units prescribed in clauses from 1 to 20 of this Article are administrative organizations.

The Minister-Chairperson of the Government Office shall appeal to the Prime Minister to promulgate a Decision on functions, tasks, powers and organizational structure of Vietnam Government Portal; and a list of other public service providers attached to the Government Office.

The Minister-Chairperson of the Government Office shall define functions, tasks, powers and organizational structures of units attached to the Government Office, except the units prescribed in Clause 20 of this Article.

Department I has 03 divisions. Department of Administration has 04 divisions.

Article 4. Transitional regulations

The Informatics Center shall continue maintaining its operation according to the current regulations until the Decision defining the functions, tasks, powers and organizational structures of the Department of Administrative Procedures Control and the Department of Administration becomes effective by the Minister-Chairperson of the Government Office.

Article 5. Affect and implementation responsibility

1. This Decree comes into force from October 10, 2022.

2. This Decree replaces Decree No. 150/2016/ND-CP dated November 11, 2016 of the Government on functions, tasks, powers and organizational structure of the Government Office.

3. Ministers-Chairperson of the Government Office, Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities shall be responsible for implementation of this Decree./.