Law on Organization of the Government 2025, No. 63/2025/QH15
ATTRIBUTE Law on Organization of the Government 2025
Issuing body: | National Assembly of the Socialist Republic of Vietnam | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 63/2025/QH15 | Signer: | Tran Thanh Man |
Type: | Law | Expiry date: | Updating |
Issuing date: | 18/02/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Administration , Organizational structure |
THE PRESIDENT |
| THE SOCIALIST REPUBLIC OF VIETNAM |
No. 02/2025/L-CTN |
| Hanoi, February 20, 2025 |
ORDER
On the promulgation of Law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Organization of the Government,
which was passed on February 18, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam at its 9th extraordinary session.
President of the Socialist Republic of Vietnam
Luong Cuong
THE NATIONAL ASSEMBLY |
| THE SOCIALIST REPUBLIC OF VIETNAM |
No. 63/2025/QH15 |
|
|
LAW
On Organization of the Government[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Organization of the Government.
Chapter I
GENERAL PROVISIONS
Article 1. Position and functions of the Government
1. The Government is the supreme state administrative body of the Socialist Republic of Vietnam, exercises the executive power, and is the executive body of the National Assembly.
2. The Government shall take responsibility before the National Assembly and report on its work to the National Assembly, the National Assembly Standing Committee and the President.
Article 2. Organizational structure and members of the Government
1. The Government is composed of the Prime Minister, Deputy Prime Ministers, ministers and heads of ministerial-level agencies. The number of members of the Government shall be submitted by the Prime Minister to the National Assembly for decision.
2. The Government’s organizational structure is composed of ministries and ministerial-level agencies.
The establishment and abolition of ministries and ministerial-level agencies shall be submitted by the Government to the National Assembly for decision.
Article 3. Term of the Government
The term of the Government follows the term of the National Assembly. When the term of the National Assembly expires, the Government shall remain in office until the succeeding National Assembly elects a Government of the new term.
Article 4. The Prime Minister
1. The Prime Minister shall be elected by the National Assembly from among its deputies at the proposal of the President.
2. The Prime Minister is the head of the Government and the state administration system.
Article 5. Principles of organization and operation of the Government
1. To comply with the Constitution and law, manage society by the Constitution and law, and adhere to the principle of democratic centralism; to ensure gender equality.
2. To organize the multi-sectoral, multi-field administrative apparatus in a neat, dynamic, effective and efficient manner; to adhere to the principle that subordinate agencies submit to the leadership, follow directions and strictly comply with decisions of superior agencies.
3. To clearly define the tasks, powers and responsibilities of the Government, the Prime Minister, ministers and heads of ministerial-level agencies, as well as the functions and scope of management of ministries and ministerial-level agencies; to adhere to the principles of collective leadership, individual accountability, upholding the personal responsibility of heads.
4. To implement reasonable power delegation and decentralization between the Government and local administrations, ensuring the unified management of the Government and promoting the initiative, creativity and accountability of local administrations.
5. To implement modern, effective and efficient national governance; to build an administrative system that is uniform, well-functioning, continuous, democratic, law-ruled, professional, modern, scientific, clean, public, transparent, disciplined, and orderly, creating a favorable environment for people and businesses; to serve the People and submit to the inspection and supervision by the People.
6. To actively take part and closely coordinate in, and intensify the control of, the national administration system and the exercise of legislative and judicial powers.
Article 6. Principles of delineation of competence
Tasks and powers of the Government, the Prime Minister, ministers and heads of ministerial-level agencies shall be determined based on the following principles of delineation of competence:
1. The Government shall submit to the National Assembly and the National Assembly Standing Committee for decision the contents as specified in the Constitution, fundamental and important matters falling under the National Assembly’s competence, and matters falling under the National Assembly Standing Committee’s competence as provided in the Law on Organization of the National Assembly;
2. The Government shall coordinate with people’s courts and people’s procuracies in accordance with this Law, the Law on Organization of People’s Courts, the Law on Organization of People’s Procuracies and other relevant laws;
3. The Government shall guide local administrations in performing their assigned tasks and delegated powers; local administrations shall decide on, organize the implementation of, and take responsibility for, the assigned tasks and delegated powers;
4. The Government shall perform the unified state management of sectors and fields; assign the scope of state management to ministries and ministerial-level agencies, ensuring the clear delineation of responsibilities of ministers and heads of ministerial-level agencies as members of the Government and as ministers and heads of ministerial-level agencies;
5. The Prime Minister shall act as the head of the Government; lead the Government’s work and take responsibility before the National Assembly for the Government’s operation and assigned tasks, and not decide on matters falling within the competence and responsibilities of ministers or heads of ministerial-level agencies for their respective sectors or fields assigned by the Government. In case of necessity, the Government or the Prime Minister shall direct and administer the settlement of matters falling within the tasks and powers of ministers, heads of ministerial-level agencies or local administrations;
6. Ministers and heads of ministerial-level agencies shall perform the tasks and exercise the powers in adherence to the principles of delineation of competence, delegation of power, decentralization and authorization specified in this Law, the Law on Organization of Local Administration regarding power delegation, and other relevant laws;
7. The delegation of power and decentralization must ensure clear subjects, contents, scope of tasks and powers, publicity, transparency, accountability, supervision, inspection, examination, and control of power in accordance with the Constitution and law;
8. The definition of functions, tasks, powers and responsibilities of the Government, the Prime Minister, ministries and ministerial-level agencies in other legal documents must comply with this Law, ensuring effective control of the state power;
9. Central-level state agencies and local administrations are encouraged to propose the delegation of power and decentralization in association with mechanisms, policies and solutions for effective delegation of power and decentralization to promote flexibility and creativity, unleash resources and promote socio-economic development.
Article 7. Delegation of power
1. Delegation of power means the National Assembly defining tasks and powers of agencies, organizations and individuals in laws and resolutions, ensuring the adherence to the principles of delineation of competence specified in this Law, the Law on Organization of the National Assembly, the Law on Organization of Local Administration and other relevant laws.
2. The determination of tasks and powers of the Government and the Prime Minister, and the delineation of tasks and powers between central-level state administrative agencies and local administrations must adhere to the principle of delineation of competence, tasks and powers of the Government, the Prime Minister, ministers and heads of ministerial-level agencies specified in this Law and conform with conditions, characteristics, resources and capacity of localities; ensure the proactivity and autonomy of local administrations in decision-making, organization of implementation and self-responsibility for the assigned tasks and delegated powers.
3. Central-level state agencies shall guide, coordinate and cooperate with local administrations within the ambit of their assigned tasks and delegated powers.
4. Local administrations shall coordinate with one another in ensuring intra-regional inter-regional connectivity in socio-economic development within the scope of delegated powers.
Article 8. Decentralization
1. Decentralization within the system of state agencies means a competent agency or person assigning other agency, organization, unit or individual to continuously and regularly perform one or a number of tasks and powers that are assigned to the former in accordance with law and in adherence to the principle that the assigned agency, organization, unit or individual shall take full responsibility for the results of performance of such tasks and powers. The decentralization shall be specified in legal documents issued by the agency or person with decentralization competence.
2. The Government and the Prime Minister shall decentralizing tasks to ministers or heads of ministerial-level agencies as heads of ministries or ministerial-level agencies, heads of government-attached agencies, People’s Councils, People’s Committees, and chairpersons of People’s Committees, unless the decentralization is not allowed by law.
Ministers and heads of ministerial-level agencies shall decentralize tasks to People’s Councils, People’s Committees, chairpersons of People’s Committees, and organizations and units attached to ministries or ministerial-level agencies, unless the decentralization is not allowed by law.
3. The decentralizing agencies and persons shall guarantee necessary conditions when deciding on the decentralization, unless the decentralized agencies, organizations, units or individuals make requests for their self-guarantee of the conditions for performance of the decentralized tasks and powers.
4. The decentralizing agencies and persons shall monitor, guide and inspect the performance of decentralized tasks and powers, ensuring effectiveness and efficiency, and take responsibility for the results of performance of the tasks and powers they have decentralized if failing to satisfy the conditions specified in Clause 3 of this Article.
5. The decentralized agencies, organizations, units and individuals may give opinions on drafts of decentralization documents, and request the decentralizing agencies or persons to modify the decentralization contents; shall take responsibility before law and the decentralizing agencies or persons for results of the performance of the decentralized tasks and powers, and periodically report and evaluate the performance of decentralized tasks and powers; and may not further decentralize the decentralized tasks and powers.
6. In case the decentralization requires changes in the order, procedures or competence for the performance of the decentralized tasks and powers that are specified in legal documents of the decentralizing agency or person, such agency or person shall promptly amend or supplement such documents or assign a subordinate agency or person to provide regulations thereon. In case the decentralization is related to provisions of a superior state agency, the decentralizing agency or person may adjust the order, procedures and competence of related agencies to perform the decentralized tasks and powers, meeting administrative reform requirements by simplifying administrative procedures while adding neither dossier components nor requirements, conditions and processing time for existing procedures; and then report to the superior state agency on the adjustment of the order, procedures and competence in the latter’s legal documents.
Article 9. Authorization
1. Authorization within the system of state agencies means a competent agency, organization or person assigning another agency, organization, unit or individual to perform one or a number of tasks and powers that is/are assigned to the former in accordance with law for a definite period in adherence to the principle that the authorizing agency, organization or person shall take responsibility for results of the performance of the authorized tasks and powers. The authorization shall be specified in legal documents issued by the authorizing agency, organization or person.
2. The Prime Minister shall authorize ministers, heads of ministerial-level agencies, heads of government-attached agencies, People’s Committees of provinces and centrally run cities (below referred to as provincial level), and chairpersons of provincial-level People’s Committees; ministers and heads of ministerial-level agencies shall authorize provincial-level People’s Committees and chairpersons of provincial-level People’s Committees, unless the decentralization or authorization is not allowed by law.
3. The authorization must satisfy the following conditions:
a/ A letter of authorization must clearly specify the content, scope and duration of authorization; the method of authorization and other necessary conditions for performing the authorized tasks and powers;
b/ The authorization must be conformable with the capacity and capability of the authorized agencies or individuals to perform tasks and exercise powers.
4. The authorizing persons shall monitor, guide and inspect the performance of the authorized tasks and powers; take responsibility before law for the legality of the authorization; and take responsibility for the results of performance of the tasks and powers they have authorized, unless the authorized agencies or individuals improperly perform the contents, scope or duration of authorization as specified in Clause 5 of this Article. In case the authorization requires changes in the order, procedures or competence for performance of the authorized tasks and powers, Clause 6, Article 8 of this Law shall prevail.
5. The authorized agencies or individuals shall properly perform the authorized tasks and powers correctly and shall take responsibility before the authorizing persons for the results of performance of the authorized tasks and powers. In case the authorized agency or individual improperly performs the content, scope or duration of authorization, it/he/she shall take responsibility before law for results of the performance of the authorized tasks and powers and the authorizing person shall bear no responsibility for the improper performance of the content, scope or duration of authorization.
6. The authorized agencies and individuals may request the authorizing persons to modify the contents, scope or duration of authorization; and may not further authorize the authorized tasks and powers.
Chapter II
THE GOVERNMENT, THE PRIME MINISTER
Section 1
THE GOVERNMENT
Article 10. Tasks and powers of the Government
The Government shall perform the tasks and exercise the powers provided in the Constitution, laws, resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee, and has the following specific tasks and powers:
1. To submit to the National Assembly for decision:
a/ The adoption of draft laws;
b/ The adoption of draft laws or draft resolutions on the country’s socio-economic development goals, targets, policies and fundamental tasks; fundamental national monetary and financial policies; the State’s ethnicity policy and religion policy; the State’s fundamental policies on external affairs; sharing of revenues and spending tasks between the central budget and local budgets; prudential limits of national debts, public debts and government debts; state budget estimates and allocation of central budget funds; ratification of final state budget accounts; and referendums;
b/ The adoption of draft resolutions on the establishment or abolition of ministries or ministerial-level agencies; the establishment, dissolution, merger, division or adjustment of boundaries of provincial-level administrative units or special administrative-economic units.
2. To submit to the National Assembly Standing Committee for decision:
a/ The adoption of draft ordinances or draft resolutions;
b/ The adoption of draft resolutions on the establishment, dissolution, merger, division or adjustment of boundaries of administrative units below the provincial level;
3. To propose the President to decide on the ratification of, accession to, or invalidation of, treaties falling under the President’s competence; to decide on special amnesty in accordance with law;
4. To organize the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President:
a/ To promptly and fully promulgate legal documents to implement the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President, and to perform assigned tasks and delegated powers; to ensure the constitutionality, legality and consistency of legal documents of the Government, the Prime Minister, ministers, heads of ministerial-level agencies and local administrations; to inspect the implementation of those documents, and deal with documents contravening the Constitution and laws;
b/ To decide on measures to organize the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, and orders and decisions of the President; to direct and inspect the implementation of resolutions, decrees and working programs of the Government.
c/ To lead and direct public communication about, dissemination of and education about, the Constitution and laws; to ensure conditions in terms of physical foundations, human resources and other resources for the implementation of the Constitution and law; to uniformly manage the judicial administration, judicial support, state compensation, judgment execution and law enforcement concerning the handling of administrative violations;
d/ To summarize and assess the implementation of the Constitution and laws, and report thereon to the National Assembly, the National Assembly Standing Committee and the President in accordance with law;
5. To perform the unified management of the national administration system, ensuring the uniform, well-functioning, continuous, democratic, law-ruled, professional, modern, scientific, clean, public, transparent, disciplined, orderly, effective and efficient administration system, serving the People:
a/ To perform the unified state management of the state administrative apparatus; to perform the management of cadres, civil servants, public employees and official duties in state agencies; to perform the unified management of state administrative reform and reform of the regime of official duties and civil servants;
b/ To perform the unified state management and organize the implementation of the regulations on salaries applicable to cadres, civil servants and public employees from central to local levels;
c/ To perform the unified management of, and effectively utilize, national resources; to uniformly manage the use of the state budget and public property, and implement financial regimes in accordance with law; to practice thrift and combat waste;
d/ To uniformly manage infrastructure, and apply science, technology, innovation, digital transformation, and artificial intelligence to the operation of the national administration system;
dd/ To uniformly organize inspection and examination activities, settle complaints and denunciations, prevent and combat bureaucracy, corruption, negative practices and waste in the operation of the state administrative apparatus and socio-economic activities;
e/ To lead the work of ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels; to guide and inspect People’s Councils at all levels in implementing the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the President, resolutions and decrees of the Government, and decisions and directives of the Prime Minister; to inspect the constitutionality and legality of resolutions of People’s Councils; to create conditions for People’s Councils to perform their tasks and exercise their powers in accordance with law; to settle petitions of People’s Councils, People’s Committees and voters;
g/ To perform the unified state management of organization and operation of associations and non-governmental organizations;
h/ To perform the unified state management of emulation and commendation work;
i/ To guide and inspect the state administrative apparatus; and matters related to cadres, civil servants, public employees and official duties; state administrative reform; emulation and commendation; finance and public property within agencies exercising the legislative power, agencies exercising the judicial power, agencies exercising the power to prosecute and supervise judicial activities, and the State Audit Office of Vietnam;
6. To perform the unified management of the economy, culture, social affairs, education, health, science, technology, environment, information, communications, external relations, international integration, national defense and security, and social order and safety; to decide on specific measures to protect rights and interests of the State and society, and human rights and citizens’ rights; to protect the independence, sovereignty, unification and territorial integrity of the Fatherland, contributing to defending peace in the region and the world and ensuring social order and safety;
7. To decide on policies on development of sectors, fields, regions, and localities, excluding those subject to decision by the National Assembly or local administrations, ensuring the conformity with the Party’s guidelines, the country’s socio-economic development strategies and plans for each period, and fundamental socio-economic development goals, targets, policies and tasks approved by the National Assembly;
8. The Government shall provide policies according to its functions, tasks and competence, take responsibility for its decisions under regulations, and has the following specific tasks and powers:
a/ To organize the execution of general mobilization or partial mobilization orders, orders proclaiming the state of emergency, and necessary measures to defend the Fatherland and safeguard human lives and property of the People;
b/ To propose the National Defense and Security Council to decide on the participation of the people’s armed forces in activities contributing to safeguarding peace in the region and the world;
c/ To organize the negotiation and conclusion of treaties in the name of the State as authorized by the President; to decide the conclusion of, accession to, ratification or invalidation of, treaties in its own name, excluding treaties subject to the National Assembly’s ratification as specified in the Constitution;
d/ To organize and direct operations of the State’s representative agencies in foreign countries and in international organizations; to protect legitimate interests of Vietnamese organizations and citizens in foreign countries and overseas Vietnamese; to manage activities of foreign organizations or individuals in Vietnam in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party;
dd/ To decide on the establishment, reorganization or dissolution of government-attached agencies; to define functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies; to specify criteria for establishment, and the maximum number of deputy heads of organizations and units of ministries, ministerial-level agencies or government-attached agencies;
e/ To provide framework regulations on the number and organization of specialized agencies of People’s Committees; to specify criteria for establishment, and the maximum number of deputy heads of specialized agencies, and organizations and units of specialized agencies of People’s Committees;
g/ To act as the owner’s representative with regard to public property under the all-people ownership, and as the owner of state capital amounts in state capital-invested enterprises in accordance with law;
h/ Based on the competent authority’s approval, to report to the National Assembly Standing Committee for the latter to permit the implementation of solutions other than those specified in laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee in case resources need to be mobilized for the implementation of national target programs and national important projects and then report thereon to the National Assembly at its upcoming session;
i/ To report to the National Assembly and the National Assembly Standing Committee on the Government’s opinions on draft laws and draft ordinances submitted by agencies, organizations and National Assembly deputies.
Article 11. Responsibilities of the Government
1. The Government shall take responsibility before the National Assembly for the performance of its tasks and exercise of its powers; results, efficiency and effectiveness of the management and administration of the state administrative apparatus; and guidelines and policies it has proposed to competent state agencies.
2. The Government shall report on its work to the National Assembly, the National Assembly Standing Committee and the President twice a year.
The Government shall extraordinarily report on the work at the request of the National Assembly, the National Assembly Standing Committee or the President.
Article 12. Relationship of the Government with the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations
1. The Government shall coordinate with the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations in performing its tasks and exercising its powers.
2. The Government, the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations shall formulate regulations on coordination in task performance.
3. Upon formulating draft laws and draft resolutions to be submitted to the National Assembly, draft ordinances and draft resolutions to be submitted to the National Assembly Standing Committee, and draft decrees and draft resolutions of the Government, the Government shall send such draft documents to the Central Committee of the Vietnam Fatherland Front Committee and central bodies of related socio-political organizations for opinion.
4. The Government shall regularly notify the Central Committee of the Vietnam Fatherland Front and central bodies of the socio-political organizations of the socio-economic situation and the Government’s important decisions or guidelines related to all social strata.
5. The Government shall create favorable conditions for the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations to carry out public communication about, and disseminate laws among the People, and encourage and mobilize the People to get involved in establishing and consolidating the people’s administration, and organize the implementation of guidelines, policies and laws of the State, ensuring the People’s right to mastery, social criticism and supervision of operations of state agencies, people-elected delegates, cadres, civil servants and public employees.
6. The Government shall consider, settle and respond to petitions of the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations.
Section 2
THE PRIME MINISTER
Article 13. Tasks and powers of the Prime Minister
The Prime Minister shall perform his/her tasks and exercise his/her powers in accordance with the Constitution, laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee, and has the following tasks and powers:
1. To submit to the National Assembly for approval requests for the appointment, relief from duty or dismissal of Deputy Prime Ministers, ministers or heads of ministerial-level agencies; when the National Assembly is in recess, to propose the President to decide on the suspension from work of Deputy Prime Ministers, ministers or heads of ministerial-level agencies;
2. To submit to the National Assembly Standing Committee for approval requests for the appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam;
3. To submit to the President for decision the following contents:
a/ Awarding orders, medals, state prizes and state honorary titles; deciding on naturalization in Vietnam, renunciation, restoration or deprivation of Vietnamese citizenship;
b/ Bestowing, promoting, demoting or striping the general, rear-admiral, vice-admiral and admiral ranks; appointing, relieving from duty, or dismissing the Chief of the General Staff and the Director of the General Department of Politics of the Vietnam People’s Army;
4. To lead the work of the Government; to lead and guide the formulation of policies and laws and organize the implementation of the Constitution and laws, having the following specific tasks and powers:
a/ To convene and chair the Government’s meetings, decide on working programs of the Government and the Prime Minister;
b/ To lead and direct the formulation of legal documents, strategies, master plans, plans, policies, and other projects subject to decision by the Government and the Prime Minister;
c/ To direct, regulate and coordinate activities of members of the Government; to decide on matters involving divergent opinions of ministers and heads of ministerial-level agencies;
d/ To lead and direct provincial-level People’s Committees and chairpersons of provincial-level People’s Committees to implement laws and programs, plans and strategies of the Government in the management of economy, culture, social affairs, education, health, science, technology, the environment, information, communications, external relations, international cooperation, national defense and security, and social order and safety;
dd/ To lead, direct, inspect, and handle violations arising in the course of implementation of the Constitution and laws nationwide;
e/ In cases of real necessity for national interest, the prevention and control of disasters and epidemics and safeguarding of human lives and property of the People, to decide to apply urgent measures other than those specified in current laws and report thereon to the competent agencies of the Party and the National Assembly as soon as possible;
5. To lead, and take responsibility for the operation of, the state administration system from central to local levels:
a/ To manage and administer the operation of the state administration system from central to local levels in the course of serving the People, performing the tasks of economic development, culture, social affairs, education, health, science, technology, environment, information, communications, external relations, international integration, national defense and security, and social order and safety;
b/ To lead and direct the state management of cadres, civil servants and public employees in state agencies from central to local levels;
c/ To lead, direct, and organizing the inspection and examination of, the performance of official duties by cadres and civil servants in the state administration system;
d/ To lead and direct the management and administration activities for all physical foundations, finances and state budget sources to serve the operation of the state apparatus;
dd/ To lead and direct the administrative reform and reform of the regime of official duties and civil servants in the state administration system from central to local levels;
e/ To lead, direct and inspect activities of ministers, heads of ministerial-level agencies, local administrations and heads of agencies and units in the state administration system from central to local levels;
6. To promulgate decisions and directives, and guide and inspect the implementation of such documents in the system of state administrative agencies from central to local levels, and decide on the following specific contents:
a/ When the National Assembly is in recess, to decide to assign acting ministers or heads of ministerial-level agencies in case of vacancy of ministers or heads of ministerial-level agencies; in the interval between two sessions of provincial-level People’s Councils, to decide to assign acting chairpersons of provincial-level People’s Committees in case of vacancy of chairpersons of provincial-level People’s Committees;
b/ To appoint, relieve from duty, suspend the work, dismiss or permit for resignation of deputy ministers or holders of equivalent positions of ministries and ministerial-level agencies; to decide on the appointment, relief from duty or dismissal of heads and deputy heads of government-attached agencies and other title holders based on the competent authorities’ regulations on decentralization for the management of cadres;
c/ To approve the election and relief from duty, and decide on the transfer or dismissal of chairpersons and vice chairpersons of provincial-level People’s Committees; to suspend the work of chairpersons of provincial-level People’s Committees; to request chairpersons of provincial-level People’s Committees to suspend the work of, or dismiss, vice chairpersons of provincial-level People’s Committees, chairpersons and vice chairpersons of People’s Committees at lower levels who fail to fulfill the tasks assigned by competent authorities or commit violations of law, based on the regulations on decentralization for the management of cadres;
d/ To decide on the establishment, reorganization or dissolution of other agencies and organizations of provincial-level People’s Committees in accordance with law; to decide on the establishment of councils, committees or boards when necessary to assist the Prime Minister in studying, directing, and coordinating in the settlement of, important interdisciplinary matters.
Article 14. Responsibilities of the Prime Minister
1. To take responsibility before the National Assembly for the operation of the Government and the state administration system from central to local levels; and for his/her decisions and results of the implementation of these decisions within the ambit of his/her tasks and powers.
2. To report on the work of the Government and the Prime Minister to the National Assembly, the National Assembly Standing Committee and the President; to give explanations and answer questions raised by National Assembly deputies; in case of necessity, to authorize a Deputy Prime Minister to perform these tasks.
3. To make reports to the People through the mass media on important matters falling under the competence of the Government and the Prime Minister.
4. To sign, on behalf of the Government, or authorize a member of the Government to sign, the Government’s documents.
Article 15. Deputy Prime Ministers
1. Deputy Prime Ministers shall assist the Prime Minister in performing tasks as assigned by the latter, and take responsibility before the Prime Minister for their assigned tasks; together with other members of Government, to assume the collective responsibility for the operation of the Government.
2. In the absence of the Prime Minister, a Deputy Prime Minister authorized by the Prime Minister shall lead the work of the Government on behalf of the Prime Minister.
Chapter III
MINISTERS AND HEADS OF MINISTERIAL-LEVEL AGENCIES; MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AND GOVERNMENT-ATTACHED AGENCIES
Article 16. Position and functions of ministers and heads of ministerial-level agencies
Ministers and heads of ministerial-level agencies are members of the Government and act as heads of ministries and ministerial-level agencies; and shall lead the work of ministries and ministerial-level agencies; perform the state management of one or a number of sectors, fields and public services as assigned; and organize and monitor the implementation of laws concerning their assigned sectors and fields nationwide.
Article 17. Tasks and powers of ministers and heads of ministerial-level agencies as members of the Government
1. To attend the Government’s meetings and participate in settling the common affairs of the Government’s collective; to vote at the Government’s meetings and collaborate with the Government’s collective in making decisions falling under the Government’s competence.
2. To propose to the Government and the Prime Minister necessary guidelines, policies, mechanisms and legal documents within the competence of the Government and the Prime Minister; to work with the Prime Minister and Deputy Prime Ministers to deal with the Government’s affairs and other relevant affairs; to take responsibility for the entire contents and progress of submission of their assigned schemes, projects and legal documents.
3. To perform specific tasks within the sectors and fields assigned by the Government or authorized by the Prime Minister; the direct, guide and examine the implementation of laws, strategies, master plans, plans, programs and decisions of the Government and the Prime Minister in their assigned sectors and fields.
4. To perform other tasks and exercise other powers as authorized by the Prime Minister.
Article 18. Responsibilities of ministers and heads of ministerial-level agencies as members of the Government
1. To be personally responsible to the Prime Minister, the Government and the National Assembly for sectors and fields assigned for management; together with other members of the Government, to assume the collective responsibility for the operation of the Government.
2. To report on their work to the Government and the Prime Minister; and make reports to the People on important matters falling under their charge; to give explanations and answer questions raised by National Assembly deputies.
Article 19. Tasks and powers of ministers and heads of ministerial-level agencies as heads of ministries and ministerial-level agencies
1. To submit to the Government or the Prime Minister for consideration and decision according to their competence, or submit to competent authorities for decision, matters in the sectors or fields falling under their state management as assigned by the Government or directed by the Prime Minister; to propose the Prime Minister to appoint, relieve from duty, suspend the work of, dismiss, or permit the resignation of, deputy ministers or deputy heads of ministerial-level agencies; to propose the Prime Minister to terminate the implementation of resolutions of provincial-level People’s Councils that are contrary to the Constitution, laws and documents issued by superior-level state agencies in the sectors and fields falling under their charge.
2. To promulgate legal documents according to their competence so as to perform the state management functions and tasks in their assigned sectors and fields; to promulgate strategies, master plans, plans and policies on development of their assigned sectors and fields in accordance with law.
3. To lead, direct, and take personal responsibility for, all aspects of work of ministries or ministerial-level agencies in accordance with law; to direct the units under their management to implement approved strategies, master plans, plans, programs and projects, and perform tasks of ministries or ministerial-level agencies as assigned by the Government or the Prime Minister.
4. To decide according to their competence matters falling within the ambit of the functions, tasks and powers of their ministries or ministerial-level agencies.
5. To closely coordinate with agencies of the Party, the National Assembly, the President, the Supreme People’s Court, the Supreme People’s Procuracy, the State Audit Office of Vietnam, the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations; to give explanations about matters of concern of the Ethnic Council and Committees of the National Assembly; to answer questions raised by National Assembly deputies and petitions of voters, the Vietnam Fatherland Front and socio-political organizations on matters falling under their charge.
6. To guide and examine, and coordinate with ministries, ministerial-level agencies, and government-attached agencies in performing, the tasks falling in their assigned sectors and fields; to propose other ministers or heads of other ministerial-level agencies to terminate the implementation of, or annul, regulations issued by such agencies that are contrary to the Constitution, laws and documents issued by superior-level state agencies or ministries or ministerial-level agencies in the sectors and fields under the management of their ministries or ministerial-level agencies. In case the proposal is not approved, to report such to the Prime Minister for decision.
7. To direct, guide and examine People’s Committees at all levels in the performance of tasks in their assigned sectors and fields, or assigned by the Government or the Prime Minister.
8. To request provincial-level People’s Committees or chairpersons of provincial-level People’s Committees to terminate the implementation of, or annul the latter’s regulations that are contrary to documents on their assigned sectors and fields. In case provincial-level People’s Committees or chairpersons of provincial-level People’s Committees fail to comply with such request, to report such to the Prime Minister for decision.
9. To perform other tasks and exercise other powers as assigned by the Government or the Prime Minister.
Article 20. Responsibilities of ministers and heads of ministerial-level agencies as heads of ministries and ministerial-level agencies
1. To be personally responsible to the Prime Minister and the Government for the results, effectiveness and efficiency of the operation of ministries or ministerial-level agencies; and for their decisions and results of the implementation of their decisions within the ambit of their tasks and powers.
2. To report on their work to the Government and the Prime Minister; to make reports to the People on important matters falling under their charge.
Article 21. Deputy ministers and deputy heads of ministerial-level agencies
1. Deputy ministers and deputy heads of ministerial-level agencies shall assist ministers and heads of ministerial-level agencies in performing tasks assigned by the latter, and be held responsible before ministers and heads of ministerial-level agencies for their assigned tasks.
2. The maximum number of deputy ministers of a ministry or deputy heads of a ministerial-level agency is 5; or 6, for the Ministry of National Defense, the Ministry of Public Security and the Ministry of Foreign Affairs, except cases of transfer or rotation of cadres as requested by competent authorities.
Article 22. Ministries and ministerial-level agencies
1. Ministries and ministerial-level agencies are agencies of the Government, and shall perform the state management of one or a number of sectors, fields and public services as assigned nationwide.
2. The Government shall specifically define the functions, tasks, powers and organizational structure of each ministry or ministerial-level agency.
Article 23. The Government Office
1. The Government Office is the assisting apparatus of the Government and the Prime Minister, performing the functions of providing advices on general affairs and assisting the Government and the Prime Minister in performing their tasks and exercise their powers under the Government’s regulations.
2. The Government Office shall be headed by the Minister-Chairperson of the Government Office.
Article 24. Government-attached agencies
1. Government-attached agencies are agencies established by the Government, performing the functions of implementing policies on and serving the state management work, and providing public services.
2. The Government shall define the functions, tasks, powers and organizational structures of government-attached agencies.
3. Heads of government-attached agencies shall perform their tasks and exercise their powers under the Government’s regulations; and be held responsible before the Government and the Prime Minister for their assigned tasks and powers.
4. The Government shall detail this Article.
Chapter IV
WORKING REGIME OF THE GOVERNMENT
Article 25. Working regime of the Government and each member of the Government
1. The working regime of the Government and members of the Government shall be based on the clear definition of the functions, tasks and powers and heightened responsibilities of the Prime Minister and each member of the Government in accordance with law.
2. The Government shall work on a collegial basis and make decisions by majority rule.
3. The Government shall promulgate its own Working Regulation.
Article 26. Forms of operation of the Government
1. The Government shall hold a regular meeting once a month; and thematic meetings or meetings to handle extraordinary matters under the Prime Minister’s decision or at the request of the President or at least one-third of the total number of members of the Government.
2. When the Government is in recess, the Prime Minister shall decide to send written consultation requests to members of the Government.
3. The Government shall convene a meeting at a request of the President to discuss matters deemed necessary by the President in order to perform his/her tasks or exercise his/her powers. When issuing regulations on the implementation of ethnicity policies, the Government shall seek opinions from the Ethnic Council of the National Assembly.
4. Innovation of forms of operation of the Government shall be associated with promoting the reform of administrative procedures, ensuring the flexibility and efficiency, and building of e-government and digital government.
Article 27. Responsibility of members of the Government to attend meetings
1. Members of the Government shall attend the Government’s meetings; in case a member of the Government wishes/has to be absent from a meeting or from part of a meeting, he/she shall obtain the Prime Minister’s consent.
The Prime Minister may allow a member of the Government to be absent from a Government’s meeting and to appoint his/her deputy head to attend such meeting.
2. When necessary, heads of government-attached agencies or chairpersons of provincial-level People’s Committees may be invited to attend the Government’s meetings.
3. Attendees of the Government’s meetings who are not members of the Government may voice their opinions but may not vote.
Article 28. The Government’s meetings
1. A Government’s meeting shall be convened only when it is attended by at least two-thirds of the total number of members of the Government.
2. Contents of the Government’s meetings shall be proposed by the Prime Minister and notified to members of the Government.
3. The Government’s decisions shall be voted for by more than half of the total number of members of the Government. In case the votes for and the votes against are equal, the Prime Minister’s vote shall be the decisive one.
Article 29. Persons invited to the Government’s meetings
1. The President may attend the Government’s meetings.
2. The Government shall invite the Chairperson of the Ethnic Council of the National Assembly to attend its meetings which discuss the implementation of ethnicity policies.
3. The Government shall invite the President of the Central Committee of the Vietnam Fatherland Front and heads of central bodies of socio-political organizations to attend the Government’s meetings which discuss relevant matters.
Article 30. Operation funds of the Government
Operation funds of the Government shall be decided by the National Assembly and be allocated from the state budget.
Chapter V
IMPLEMENTATION PROVISIONS
Article 31. Effect
1. This Law takes effect on March 1, 2025.
2. Law No. 76/2015/QH13 on Organization of the Government, which has a number of articles amended and supplemented under Law No. 47/2019/QH14 and Law No. 20/2023/QH15, ceases to be effective on the effective date of this Law.
Article 32. Transitional provisions
1. In case laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee that define the tasks and powers of the Government, the Prime Minister, ministers and heads of ministerial-level agencies do not comply with this Law, they shall be amended and supplemented to be compliant with this Law within 2 years from the effective date of this Law.
2. Pending the amendment and supplementation of laws and resolutions of the National Assembly, and ordinances and resolutions of the National Assembly Standing Committee within the time limit specified in Clause 1 of this Article, in order to ensure the decentralization and delegation of powers in a number of priority and urgent fields, the Government is assigned to promulgate legal documents adjusting a number of tasks and powers and other regulations related to the performance of tasks and exercise of powers of the Prime Minister, ministers and heads of ministerial-level agencies that are specified in relevant articles, clauses and points of such laws, resolutions and ordinances for uniform application, and periodically report thereon to the National Assembly Standing Committee; or report thereon to the National Assembly at its nearest session if the adjustments are related to laws or resolutions of the National Assembly.
3. Pending the competent agencies’ promulgation of legal documents adjusting a number of tasks and powers of the Government, the Prime Minister, ministers and heads of ministerial-level agencies to comply with this Law, the current regulations on the tasks and powers of the Government, the Prime Minister, ministers, and heads of ministerial-level agencies shall continue to be implemented.
This Law was passed on February 18, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam at its 9th extraordinary session.-
Chairman of the National Assembly
TRAN THANH MAN
[1] Công Báo Nos 601-602 (25/3/2025)
VIETNAMESE DOCUMENTS
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ENGLISH DOCUMENTS
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