Decree 79/2022/ND-CP defining the functions, tasks, powers and organizational structure of the Government Office

DECREE

Defining the functions, tasks, powers and organizational structure of the Government Office^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies (below referred to as Decree No. 101/2020/ND-CP);

At the proposal of the Minister-Chairperson of the Government Office;

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Government Office.

Article 1. Position and functions

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

The Government Office functions to advise on general affairs and coordinate activities in order to assist the Government and Prime Minister (including Deputy Prime Ministers) in organizing the Government’s general activities and leading, directing and administering the operation of the Government and the state administrative system from the central to grassroots level to ensure a unified, well-functioning, continuous national administration system; control administrative procedures; provide information serving the Government’s and Prime Minister’s leadership, direction and administration work and provide information to the pubic in accordance with law; and ensure physical, technical and logistical conditions for the operation of the Government and Prime Minister.

Article 2. Tasks and powers

The Government Office shall perform the tasks and exercise the powers defined in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and has the following specific tasks and powers:

1. Regarding provision of advices on general affairs and coordination of activities assisting the Government:

a/ To formulate and manage the Government’s work programs in accordance with law; to monitor and urge ministries, ministerial-level agencies and government-attached agencies (below referred to as ministries and sectors), People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees), and related agencies and organizations in implementing the Government’s work programs and Working Regulation; to summarize and evaluate the situation and results of implementation and report them to the Government;

b/ To coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in preparing and finalizing schemes, projects and draft legal documents for submission to the Government for consideration and decision in accordance with law;

c/ To verify the order, procedures and competence for handling and providing advices on general affairs regarding contents of, and giving its own opinions on, schemes, projects, draft legal documents and reports under the Government’s work programs and other affairs which are submitted to the Government by ministries, sectors, provincial-level People’s Committees and related agencies and organizations;

d/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, preparing agendas of and serving the Government’s meetings and conferences;

dd/ To assist the Government in the working relations with agencies of the Party, National Assembly, National Assembly Standing Committee, President and Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations, Supreme People’s Court and Supreme People’s Procuracy;

e/ To formulate schemes, projects and draft legal documents and make reports as assigned by the Government.

2. Regarding provision of advices on general affairs and coordination of activities assisting the Prime Minister:

a/ To formulate and manage the Prime Minister’s work programs in accordance with law; to monitor, urge, inspect, summarize, evaluate and report on the situation and results of implementation of the Prime Minister’s work programs; to propose to the Prime Minister major and key tasks which require concentrated leadership, direction and administration in a certain period;

b/ To verify the order, procedures and competence for handling and providing advices on general affairs regarding contents of, and giving its own opinions on, schemes, projects, draft legal documents and reports under the Prime Minister’s work programs and other affairs which are submitted to the Prime Minister by ministries, sectors, provincial-level People’s Committees and related agencies and organizations;

c/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, finalizing contents, procedures, dossiers and draft documents for submission to the Prime Minister for consideration and decision, for other routine affairs which are submitted by ministries, sectors, provincial-level People’s Committees and related agencies and organizations;

d/ To assist the Prime Minister in regulating and coordinating operations among ministries, sectors and provincial-level People’s Committees in formulating and implementing policies and laws; and operations of interdisciplinary councils, committees, steering committees and organizations that are headed by the Prime Minister in accordance with law;

dd/ To propose the Government or Prime Minister to assign ministries, sectors, provincial-level People’s Committees or related agencies and organizations to formulate mechanisms, policies, schemes, projects and draft legal documents for submission to competent authorities for decision; or take the initiative in studying and proposing mechanisms and policies for submission to the Government or Prime Minister for consideration and decision;

e/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, preparing the Government’s and Prime Minister’s work reports, explanatory reports, and answers to questions before the National Assembly, National Assembly Standing Committee, President, competent agencies and the People according to the Prime Minister’s direction;

g/ To assume the prime responsibility for compiling and editing articles, speeches, media interviews, and documents serving the Prime Minister, and reports and other documents according to the Prime Minister’s direction;

h/ To assist the Prime Minister in monitoring, urging and inspecting ministries, sectors, provincial-level People’s Committees and related agencies and organizations in performing tasks assigned by the Government or Prime Minister; to propose to the Prime Minister necessary measures to urge the performance of such tasks, overcome shortcomings and limitations and ensure administrative order and discipline and state management efficiency and effectiveness;

i/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, preparing agendas of and serving the Prime Minister’s meetings, working sessions and work trips to localities and grassroots organizations;

k/ To attend meetings and conferences of ministries, sectors, provincial-level People’s Councils and People’s Committees and related agencies and organizations; to request ministries, sectors, provincial-level People’s Committees and related agencies and organizations to provide relevant documents and data and report on the performance of tasks assigned by the Government or Prime Minister; to join interdisciplinary councils, committees and steering committees and organizations that are headed by the Prime Minister in accordance with regulations; to take the initiative in working with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in order to grasp the practical situation for better serving the Government’s and Prime Minister’s leadership, direction and administration work;

l/ In case there remain divergent opinions on an issue submitted to the Government or Prime Minister, the Minister-Chairperson of the Government Office shall assume the prime responsibility for holding a meeting with leaders of ministries, sectors and provincial-level People’s Committees and related agencies and organizations in order to exchange and reach agreement on or clarify such opinions before submitting them to the Government or Prime Minister;

m/ For a dossier which is incomplete or does not comply with the law-prescribed order and procedures or regulations or falls beyond the Government’s or Prime Minister’s competence or in which the submitter does not propose a solution, to return it to the submitter, clearly stating the reason, or forward it to a competent agency for processing;

n/ To formulate schemes, projects, draft legal documents and other documents as assigned by the Prime Minister.

3. Regarding control of administrative procedures

a/ To guide, monitor, urge and inspect ministries, sectors and provincial-level People’s Committees in controlling administrative procedures; to summarize the situation and results of implementation and report them to the Government and Prime Minister;

b/ To assume the prime responsibility for carrying out administrative procedure reform and implementing single-window and interagency single-window mechanisms in settlement of administrative procedures at state administrative agencies; and conducting public information on administrative procedure reform;

c/ To propose the Government or Prime Minister to assign ministries, sectors and provincial-level People’s Committees to study and propose, or take the initiative in studying and proposing, guidelines, policies, solutions and initiatives on administrative procedure reform and relevant regulations; to evaluate and process results of review of administrative procedures in accordance with law;

d/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, building, managing and operating the National Database of Administrative Procedures and National Public Service Portal; to organize the performance of relevant tasks assigned by the Government or Prime Minister;

dd/ To receive and handle organizations’ and individuals’ reports and petitions on administrative regulations falling under management by the Government, Prime Minister and state administrative agencies in accordance with law;

e/ To act as the standing member of the Advisory Council for Administrative Procedure Reform.

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

a/ To make periodical, thematic and extraordinary reports under regulations and other reports at the request of the Government or Prime Minister;

b/ To receive information on the Government’s and Prime Minister’s leadership, direction and administration work from ministries, sectors, provincial-level People’s Committees, agencies, organizations and individuals; to take the initiative in monitoring, coordinating and grasping the practical situation in order to promptly give advices to and propose the Government or Prime Minister to consider and direct the handling of urgent and burning issues of public concern;

c/ To provide cabinet members, heads of government-attached agencies, chairpersons of provincial-level People’s Councils and People’s Committees, Party and State agencies, and related agencies and organizations with information on the country’s socio-economic situation, and the Government’s and Prime Minister’s leadership, direction and administration work under regulations;

d/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, developing, managing and operating information systems and databases as assigned by the Government or Prime Minister; to ensure connection, coordination, integration and sharing of information between the Government Office and ministries, sectors and provincial-level People’s Committees to serve the Government’s and Prime Minister’s leadership, direction and administration work in accordance with law;

dd/ To assume the prime responsibility for guiding and urging ministries, sectors and provincial-level People’s Committees to send and receive electronic documents; to settle administrative procedures in the electronic environment; to comply with the reporting regime to serve the Government’s and Prime Minister’s direction and administration work under regulations.

5. Regarding provision of information to the public

a/ To provide the public with information on major activities and important decisions in the Government’s and Prime Minister’s leadership, direction and administration work and outstanding economic, political and social events and other information in accordance with law and under the Prime Minister’s direction;

b/ To make statements of the Government and Prime Minister;

c/ To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees and related agencies and organizations in, holding the Government’s press conferences and providing information to press agencies on a periodical basis or an unscheduled basis; to advise the Prime Minister on media interviews; to issue press releases in accordance with law;

d/ To request related agencies to edit or press agencies to correct or edit the contents of information that are inaccurate or inconsistent with the requirements of the Government’s and Prime Minister’s leadership, direction and administration work in accordance with law;

dd/ To perform the state management of Cong Bao (the Official Gazette); to manage, publish and distribute Cong Bao of the Socialist Republic of Vietnam in accordance with law;

e/ To manage the organization and operation of the Vietnam Government Portal.

6. To ensure physical, technical and logistical conditions for activities of the Government and Prime Minister.

7. To formulate and promulgate legal documents and other documents within its competence in accordance with law.

8. To examine documents and process unlawful documents within its competence in accordance with law.

9. To receive and process documents submitted by ministries, sectors, provincial-level People’s Committees or related agencies, organizations or individuals to the Government or Prime Minister; to distribute and manage documents of the Government and Prime Minister; to build, manage and operate the electronic document storage system at the Government Office in accordance with law.

10. To carry out inspection and examination; to receive citizens and settle complaints and denunciations; to prevent and combat corruption, practice thrift and combat waste in accordance with law.

11. To review and provide professional guidance on office-related affairs for offices of ministries, sectors and provincial-level People’s Committees.

12. Regarding civil servants

a/ The Government Office’s civil servants must possess good political and ethical qualities and high professional qualifications, and be knowledgeable about the sectors and fields under their charge; and are entitled to particular preferential policies under regulations;

b/ The Government Office may propose the transfer, rotation and secondment of civil servants from ministries, sectors, agencies or localities to the Government Office and from the Government Office to ministries, sectors, agencies or localities within its competence and according to the Prime Minister’s regulations and law. Ministries, sectors, agencies and localities shall transfer, rotate or second their civil servants at the request of the Government Office.

13. To manage its organizational apparatus and payroll of civil servants, number of employees and working positions; to decide on the recruitment, employment and management of, and implement other regimes and policies for, its cadres, civil servants and public employees under its management in accordance with regulations.

14. To decide on and direct the implementation of its administrative reform program and digital transformation program within its competence according to the objectives and contents of the overall program on state administrative reform.

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

16. To perform other tasks and exercise other powers assigned by the Government or Prime Minister or according to law.

Article 3. Organizational structure

1. The General Affairs Department.

2. The Legal Department.

3. The Department of General Economics.

4. The Department for Industry.

5. The Department for Agriculture.

6. The Department for Science, Education and Cultural-Social Affairs.

7. The Enterprise Renewal Department.

8. The International Relations Department.

9. The Internal Affairs Department.

10. The Department for State Administrative Organization and Public Duties.

11. The Department for Monitoring Inspection, Complaint and Denunciation Settlement and Corruption, Smuggling, Trade Fraud and Counterfeit Prevention and Combat (below referred to as Department I).

12. The Department for the National Assembly, Localities and Mass Organizations Affairs.

13. The Secretariat-Editorial Department.

14. The Administrative Affairs Department.

15. The Organization and Personnel Department.

16. The Planning and Finance Department.

17. The Administrative Procedures Control Agency.

18. The Administration Agency.

19. Administrative Affairs-Administration Agency II.

20. The Vietnam Government Portal.

The units referred to in Clauses 1 thru 20 of this Article are administrative organizations.

The Minister-Chairperson of the Government Office shall submit to the Prime Minister for promulgation a Decision defining the functions, tasks, powers and organizational structure of the Vietnam Government Portal; and promulgate a list of other public non-business units attached to the Government Office.

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

Department I may organize 3 divisions; the Administrative Affairs Department may organize 4 divisions.

Article 4. Transitional provision

The Informatics Center may continue to operate under current regulations until the Decisions defining the functions, tasks, powers and organizational structures of the Administrative Procedures Control Agency and Administration Agency promulgated by the Minister-Chairperson of the Government Office take effect.

Article 5. Effect and implementation responsibility

1. This Decree takes effect on October 10, 2022.

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

3. The Minister-Chairperson of the Government Office, ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH