Law on Organization of the Government, Law No. 76/2015/QH13

ORDER

On the promulgation of law[1]

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 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES

The Law on Organization of the Government,

which was passed on June 19, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.-

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

LAW

On Organization of the Government[2]

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

The Government is the highest state administrative body of the Socialist Republic of Vietnam, shall exercise executive power, and is the executive body of the National Assembly.

The Government is responsible to the National Assembly and shall report on its work to the National Assembly, the Standing Committee of the National Assembly 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. At the expiration of the term of the National Assembly, the Government shall remain in office until a new Government is elected by the succeeding National Assembly.

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 implement the principle of democratic centralism; to ensure gender equality.

2. To clearly define tasks, powers and responsibilities of the Government, the Prime Minister, Ministers and Heads of ministerial-level agencies, and functions and management scope of ministries and ministerial-level agencies; to uphold personal responsibilities of heads.

3. To set up the administrative apparatus in a neat, dynamic, effective and efficient manner; to adhere to the principle that inferior agencies submit to the leadership, follow directions and strictly comply with decisions of superior agencies.

4. To reasonably decentralize and delegate the powers of the Government and local administrations, ensuring the uniform management of the Government and promoting the initiative, creativity and accountability of local administrations.

5. To ensure transparency of and modernize the operation of the Government, ministries, ministerial-level agencies and state administrative agencies at all levels; to build a unified, well-functioning, continuous, democratic and modern administration system serving the People and submitting to the inspection and supervision by the People.

Chapter II

TASKS AND POWERS OF THE GOVERNMENT

Article 6.Tasks and powers of the Government in organization of the implementation of the Constitution and laws

1. To promptly and fully promulgate legal documents to implement the Constitution, laws, resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, 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, 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.

2. To decide on measures to organize the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and orders and decisions of the President; to direct and inspect the implementation of resolutions, decrees and working programs of the Government.

3. To lead and direct the Constitution and law propagation, dissemination and education; to ensureconditions of physical foundations, human resources and other resources for the implementation of the Constitution and laws; to uniformly manage the judicial administration, judicial assistance, state compensation and execution of judgments.

4. To summarize and assess the implementation of the Constitution and laws, and report them to the National Assembly, the Standing Committee of the National Assembly and the President in accordance with law.

Article 7.Tasks and powers of the Government in making policies and submitting draft laws and ordinances

1. To propose and formulate strategies, master plans, plans, policies and other programs or projects to be submitted to the National Assembly or the Standing Committee of the National Assembly for consideration and decision.

2. To decide on strategies, master plans, plans, policies and other programs and projects according to its competence.

3. To formulate draft laws and resolutions to be submitted to the National Assembly, and draft ordinances and resolutions to be submitted to the Standing Committee of the National Assembly.

4. To report to the National Assembly and the Standing Committee of National Assembly on the Government’s comments on draft laws and ordinances submitted by agencies, organizations and National Assembly deputies.

Article 8.Tasks and powers of the Government in managing and developing the economy

1. To perform the unified state management of the national economy, promote the development of the socialist-oriented market economy; to ensure macroeconomic stability and major balances of the economy; to reinforce and develop the state economy; to promote regional economic links; to bring into play potential of all economic sectors and social resources so as to develop the national economy in a rapid and sustainable manner.

2. To develop, and organize the implementation of, the institution of socialist-oriented market economy, create  an equal, competitive and cooperative environment for entities of all economic sectors; to form and develop sufficient and synchronous market elements and ensure the effective operation of various markets.

3. To formulate fundamental goals, targets, policies and tasks for socio-economic development to be submitted to the National Assembly; to decide on specific policies on national finance and currency, wage and price. To decide on, and direct and organize the implementation of, strategies, master plans and plans on socio-economic development.

4. To submit to the National Assembly state budget estimates and annual plans on central budget allocation; the final accounts of the state budget and important national programs or projects for which investment guideline is decided by the National Assembly; to organize and administer the implementation of the state budget under the National Assembly’s resolution. To report to the National Assembly on the state financial situation and fiscal risks associated with requirements for assurance of sustainable state budget and safe public debt level.

5. To decide on specific policies on industrialization, modernization and international economic integration, agricultural development and new countryside building.

6. To function as the representative of the owner of public property owned by all the people, and the owner of state capital amounts in state-owned enterprises in accordance with law. To unify the management and effectively use the national resources; to uniformly manage of the use of the state budget and other public property, and implement the financial regimes applicable to state agencies in accordance with law; to practice thrift and combat waste.

7. To perform the unified management of international economic integration activities on the basis of bringing into full play internal strengths and developing various forms of economic cooperation with countries, territories and international organizations on the principle of respect for each other’s independence and sovereignty and mutual benefit, and providing support for and promoting domestic production. To decide on specific policies on promotion of development of enterprises of all economic sectors. To actively and proactively carry out international economic integration; to promote foreign investment and create favorable conditions for overseas Vietnamese to invest in the country.

8. To direct, organize and manage the state accounting and statistical work.

Article 9.Tasks and powers of the Government in managing natural resources and the environment and responding to climate change

1. To perform the unified state management of natural resources and the environment and response to climate change; to carry out the planning and formulate policies on environmental protection and improvement of environmental quality; to take the initiative in preventing and controlling natural disasters and responding to climate change.

2. To manage and effectively use natural resources associated with the environmental protection; to conserve nature and biodiversity; to develop clean energy, production and consumption; to develop environment-related and waste treatment services.

3. To uniformly manage and improve the quality of researches, meteorological and hydrological forecasts, climate change forecasts and environmental impact assessment in order to take the initiative in implementing measures to prevent and control natural disasters and respond to climate change.

4. To decide on specific policies for protection, improvement and preservation of the environment; to direct the concentration of efforts on handling environmental degradation in strategic areas; to control environmental pollution, and rescue and overcome environmental incidents.

5. To implement policies on protection, improvement, renewal and rational use of natural resources.

Article 10.Tasks and powers of the Government in managing science and technology

1. To perform the unified state management of and develop science and technology activities, standards, measurement, product quality, intellectual property and technology transfer.

2. To direct the implementation of policies and plans for scientific and technological development; to apply scientific and technological advances in an effective manner.

3. To decide on specific policies on science and technology to serve the development of the science and technology market.

4. To mobilize social resources for scientific and technological development, and diversify and effectively use sources of investment in scientific and technological development; to prioritize investment in development of modern sciences and technologies, high technologies and fundamental sciences; to attach importance to technologies in which Vietnam has advantages.

5. To formulate mechanisms and policies for everyone to participate in, and to enjoy the benefits from, scientific and technological activities.

Article 11.Tasks and powers of the Government in education and training

1. To perform the unified state management of the national education system.

2. To decide on specific policies on education so as to ensure that educational development meets socio-economic development requirements; to prioritize investment in, and mobilize resources for development of, education and training, increase people’s intellectual standards, train human resources, and attract, foster and employ talented people.

3. To formulate mechanisms and policies to mobilize social resources for education and training development; to provide conditions for creation of a learning society.

4. To prioritize the development of education in mountainous areas, on islands, in ethnic minority areas and areas that have extremely difficult socio-economic conditions; to create favorable conditions for people with disabilities and poor people to receive education and vocational training

Article 12.Tasks and powers of the Government in managing culture, sports and tourism

1. To perform the unified state management of, and develop, culture, sports and tourism.

2. To decide on specific policies on building of an advanced Vietnamese culture imbued with national identity and unity in diversity of Vietnamese ethnic communities characterized by ethnic traits, humanity, democracy and science; to protect, and bring into play the value of, cultural heritages; to promote the development of talents for cultural and artistic creation.

3. To decide on specific policies on development of physical training and sports; to prioritize investment in and mobilize social resources to develop professional and high-achievement sports.

4. To formulate mechanisms and policies on tourism development; to improve the quality of domestic tourism and develop international tourism.

Article 13.Tasks and powers of the Government in managing information and communications

1. To perform the unified state management of, and develop, information and communications activities.

2. To formulate policies and measures to develop, manage and ensure security and safety for the information and communication system; to apply information and communication science and technology to the socio-economic development.

3. To establish and develop an e-government, and provide necessary conditions to enhance application of computer science to the state management and provision of information to the people in accordance with law.

4. To decide on, and direct the implementation of, measures to prevent the dissemination of harmful cultural ideologies and products, and distorted and misrepresented information causing harm to national interests, and ruining elegant personality, moral values and lifestyles of Vietnamese people.

Article 14.Tasks and powers of the Government in managing health, care for the People’s health, and population

1. To perform the unified state management of health, care for the People’s health, and population.

2. To invest in and develop the health workforce with higher quality standards; to develop Vietnamese health system with a view to combining the preventive medicine with medical examination and treatment, combining modern medicinal practices and traditional ones; to develop the pharmaceutical industry toward modernity and ensure sufficient supply of medicines and medical equipment to meet increasing demands for care for the People’s health.

3. To generate sustainable finance sources for protection of and care for the People’s health based on the universal health insurance.

4. To formulate policies on care for the People’s health to be submitted to the National Assembly for decision or to decide according to its competence and implement policies to prioritize health care for ethnic minority people, and people living in mountainous regions, on islands and in areas that have extremely difficult socio-economic conditions.

5. To uniformly manage and implement policies on population and family planning. To maintain the reasonable population size and structure, and improve the population quality and distribute residents in relevance to the socio-economic and urban development demands nationwide.

Article 15.Tasks and powers of the Government in implementing social policies

1. To perform unified state management of implementation of social policies.

2. To decide on specific policies for human resource development; vocational guidance, job creation, improvement of working conditions; improvement of labor productivity; protection of lawful rights and interests of employees and employers; creation of conditions for building advanced, harmonized and stable labor relationships.

3. To implement policies to honor, commend, reward and preferentially treat people and families that have rendered meritorious service to the country. To develop the social security system; to direct the implementation of programs on hunger eradication and poverty reduction; to carry out social assistance and adopt policies to support elderly people, people with disabilities, poor people and people meeting with difficulties; to adopt housing development policies and create conditions for everyone to have his/her own home.

4. To direct and organize the implementation of policies to build equal, prosperous and happy Vietnamese families; to make sure that men and women are vested with equal rights in terms of politics, economy, culture, social and family affairs; to protect and care for the health of mothers and children; to adopt measures to prevent and struggle against domestic violence or humiliation of human dignity of women and children.

5. To organize and create conditions for young people to learn, work and entertain, develop their physiques and minds, and to be educated in morality, national traditions and civic consciousness, thus promoting their capabilities in creative labor for national construction and defense.

6. To organize the implementation of measures to prevent, fight and preclude social evils.

Article 16.Tasks and powers of the Government in ethnic affairs

1. To formulate and submit the State’s ethnic policies to the National Assembly for decision.

2. To decide on specific policies to ensure the equity, solidarity, respect and support for the sake of mutual development for all ethnic groups; to prohibit all acts of ethnic discrimination and separation; to establish the social equality between ethnic groups, the right to use their own spoken and written languages; to preserve ethnic identity and uphold fine customs, traditions and cultural values of all ethnic groups.

3. To decide on specific policies and measures to prioritize comprehensive development, and enable ethnic minorities to make the best use of their internal resources to develop together with the country; to build infrastructural facilities and implement programs and projects for socio-economic development, and step by step improve material and spiritual lives of ethnic minority people.

4. To implement master plans and plans on training, retraining and employment of ethnic minority people.

Article 17.Tasks and powers of the Government in belief and religion affairs

1. To formulate and submit the State’s religion policies to the National Assembly.

2. To manage and organize the implementation of religion polices, ensuring citizens’ freedom of belief and religion and the right to follow a region or not to follow any religion.

3. To ensure the equality of religions before law; to prohibit acts infringing upon the freedom of religion and belief, or taking advantage of the freedom of religion and belief to commit violations of law.

Article 18.Tasks and powers of the Government in managing national defense

1. To perform the unified state management of national defense.

2. To implement policies and laws to build a revolutionary People’s Army that is regular, well-trained and gradually modernized, which has an appropriate standby force, an abundant reserve force, and a strong and extensive self-defense and militia force to serve as the core for performing national defense tasks and fulfilling international obligations.

3. To organize national defense and security education among the entire population, consolidate and strengthen the all-people national defense, build the all-people national defense posture in conjunction with the people’s security position, and combine economic activities with national defense and security. To organize the implementation of measures to protect the national independence, sovereignty, unification and territorial integrity, contributing to protection of peace in the region and the world.

4. To organize the execution of general or partial mobilization order, announce the state of emergency, and implement necessary measures to defend the nation, safeguard human lives and assets of the People.

5. To develop national defense and security industry, ensure sufficient equipment for the people’s armed forces, implement incentive policies and ensure the material and spiritual lives of officers, soldiers, military workers and employees, and implement policies regarding military families.

Article 19.Tasks and powers of the Government in managing cipher affairs

1. To perform the unified state management of cipher affairs.

2. To implement policies and laws to make a regular and modern cipher force which is organized in a uniform and firm manner and meets the demand for protection of state secrets.

3. To establish and develop the national encrypted data system, dedicated digital signature authentication system and information security supervision system on the strategic information technology networks of agencies of the Party and the State; to manage research, development, production and trading and use of codes.

4. To implement preferential policies and secure material and spiritual lives for cipher officers.

Article 20.Tasks and powers of the Government in managing the national security, social order and safety

1. To perform the unified state management of national security and social order and safety.

2. To implement policies and laws to build a revolutionary People’s Public Security force that is regular, well-trained and gradually modernized, as the core to safeguard national security, ensure social order and safety, and prevent and fight crimes.

3. To organize the implementation of policies and laws to build the people’s security and movement encouraging all the people to protect national security, and maintain political stability, prevent and combat crimes, violations of law, and ensure social order and safety.

4. To implement preferential policies and ensure the material and spiritual lives and policies for officers, soldiers and public security workers.

Article 21.Tasks and powers of the Government in protecting rights and interests of the State and society, human rights and citizens’ rights

1. To formulate and submit measures to protect rights and interests of the State and society, and human rights and citizens’ rights to the National Assembly, the Standing Committee of the National Assembly and the President for decision.

2. To decide on specific measures to protect rights and interests of the State and society, and human rights and citizens’ rights.

3. To create conditions for citizens to exercise their rights and fulfill their obligations under the Constitution and laws.

Article 22.Tasks and powers of the Government in external affairs and international integration

1. To perform the unified state management of foreign affairs and international integration; to formulate and submit fundamental foreign policies to the National Assembly for decision.

2. To organize the implementation of the foreign policy of independence, self-reliance, peace, friendship, cooperation and development; to multilateralize and diversify external relations, undertake proactive and active international integration and cooperation on the basis of respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, and equality and mutual benefit; to decide on guidelines and measures to enhance and expand relations with foreign countries and international organizations; to safeguard independence, sovereignty and territorial integrity and national interests and increase Vietnam’s position in the international arena.

3. To propose the National Assembly or the President to consider and decide on ratification, accession to, or cancellation of, treaties under the competence of the National Assembly or the President. 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 cancellation of, treaties in the name of the Government.

4. To decide on, and direct the implementation of, specific policies on cooperation in the economy, science and technology, education and training, culture and other fields with countries, territories and international organizations; to develop and intensify foreign information activities.

5. To propose the Council on National Defense and Security to decide on the participation of the people’s armed forces in activities to contribute to protecting peace in the region and in the world.

6. To organize and direct operations of the State’s representations in foreign countries and international organizations; to protect legitimate interests of Vietnamese organizations and citizens 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.

7. To decide on specific policies to encourage overseas Vietnamese to unite in solid communities, preserve fine cultural traits and traditional values of Vietnamese nation, maintain a close relationship with their families and homeland, and contribute to the construction of the homeland and country.

Article 23.Tasks and powers of the Government in managing the state administrative apparatus, the regime of official duties, cadres, civil servants and public employees, and emulation and reward work

1. To perform the unified state management of the state administrative apparatus, and the regime of official duties, civil servants and public employees.

2. To propose the National Assembly to decide on the organizational structure of the Government; the establishment or abolition of ministries or ministerial-level agencies; the establishment, dissolution, consolidation, division or adjustment of administrative boundaries of provinces or centrally run cities (below referred to as provincial-level administrative units), or special administrative-economic units; to propose the Standing Committee of the National Assembly to decide on the establishment, dissolution, consolidation, division or adjustment of the boundaries of administrative units at levels lower than the provincial level.

3. To decide to establish, merge or dissolve government-attached agencies; to stipulate functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies; to provide the organization of specialized agencies of provincial-level People’s Committees and People’s Committees of rural districts, urban districts, towns, provincial cities, and municipal cities (below referred to as district-level People’s Committees).

4. To perform the unified state management of cadres, civil servants,  public employees and official duties in state agencies and public non-business units; to manage state payrolls of civil servants and the number of employees in state administrative agencies and public non-business units from the central to local level.

5. To perform the unified state management and organize the implementation of the regulations on salaries, allowances and other regulations and policies applicable to cadres, civil servants and public employees in sate agencies from the central to local level.

6. To direct the state administrative reform and reform of the regime of official duties and civil servants; to ensure a unified, well-functioning, continuous, democratic, clean, professional, modern, effective and efficient administration system serving the People and submitting to the supervision of the People.

7. To perform the unified state management of organization and operation of associations and non-governmental organizations.

8. To perform the unified state management of emulation and commendation work.

Article 24.Tasks and powers of the Government in inspecting, examining, receiving citizens, settling complaints and denunciations, and preventing and combating bureaucracy, corruption and waste

1. To perform the unified state management of inspection, examination, reception of citizens, settlement of complaints and denunciations, and prevention and control of bureaucracy, corruption and waste in the state apparatus.

2. To direct the prevention and combat of bureaucracy, corruption and waste in the operation of the state apparatus and socio-economic activities.

3. To inspect the prevention and combat of bureaucracy, corruption and waste.

Article 25.Tasks and powers of the Government in relationship with local administrations

1. To implement the decentralization and delegation of powers to local administrations under laws and resolutions of the National Assembly or ordinances and resolutions of the Standing Committee of the National Assembly.

On the basis of the central unified management, the Government may decentralize powers to local administrations to decide or perform several state management tasks in sectors and fields in their localities in relevance to conditions and capacity of local administrations.

Based on the capacity and specific conditions of local administrations, the Government may delegate local administrations to perform several tasks with conditions for performance of these tasks.

2. To guide and inspect People’s Councils in implementing the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, 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 as prescribed by law.

3. To lead, direct, guide, inspect and examine operations of People’s Committee at all levels.

4. To settle petitions of People’s Councils, People’s Committees and voters.

5. To set out regimes and policies for titles of People’s Councils and People’s Committees at all levels.

Article 26.Relationship of the Government with the Central Committee of the Vietnam Fatherland Front and 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 promulgate regulations on coordination in task performance.

3. When formulating draft laws and resolutions to be submitted to the National Assembly, draft ordinances and resolutions to be submitted to the Standing Committee of the National Assembly, and draft decrees of the Government, the Government shall send such draft documents to the Central Committee of the Vietnam Fatherland Front Committee and related central bodies of socio-political organizations for comment.

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 its important decisions or guidelines related to various 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 propagandize 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, and supervise operations of state agencies, popularly 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.

Article 27.Responsibilities of the Government

1. The Government shall be responsible to the National Assembly for the performance of its tasks and exercise of its powers; and results, efficiency and effectiveness of 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 Standing Committee of the National Assembly and the President twice a year.

The Government shall extraordinarily report on its work at the request of the National Assembly, the Standing Committee of the National Assembly or the President.

Chapter III

TASKS AND POWERS OF THE PRIME MINISTER

Article 28.Tasks and powers of the Prime Minister

1. To lead the work of the Government; to lead the formulation of policies and organize the implementation of laws; to prevent and combat bureaucracy, corruption and waste:

a/ Leading and directing the formulation of draft laws, ordinances and resolutions to be submitted to the National Assembly or the Standing Committee of the National Assembly;

b/ Leading and directing the formulation of legal documents, strategies, master plans, plans, policies and other projects within the deciding competence of the Government and the Prime Minister;

c/ Directing, regulating and coordinating operations of members of the Government; deciding on matters on which divergent opinions of Ministers and Heads of ministerial-level agencies remain;

d/ Leading the prevention and combat of  bureaucracy, corruption and waste in the operation of the state apparatus and socio-economic activities;

dd/ Leading and directing chairpersons of provincial-level People’s Committees to implement laws and programs, plans and strategies of the Government in the management of economy, culture, society and national defense and security;

e/ Leading, directing and inspecting and handling violations arising in the course of the implementation of the Constitution and laws nationwide.

2. To lead and take responsibility for the work of the state administration system from the central to the local level, ensuring the consistency and continuity of the national administration system:

a/ Managing and administering the operation of the state administration system from the central to local level in the course of serving the People, performing the tasks of developing economy, culture, social affairs and consolidating national defense and security;

b/ Directing and uniformly managing cadres, civil servants and public employees in the state administration system from the central to local level;

c/ Leading, directing, inspecting and examining the performance of official duties by cadres and civil servants in the sate administration system;

d/ Leading and directing the examination and inspection of the management of cadres, civil servants and public employees in the state administration system from the central to local level;

dd/ Deciding on the decentralization of the management of civil servants and public employees in administrative agencies of the state apparatus;

e/ Leading and directing the management and administration of all physical foundations, finance and state budget sources to serve the operation of the state apparatus;

g/ Authorizing Deputy Prime Ministers and Ministers or Heads of ministerial-level agencies to perform one or several tasks under his/her competence;

h/ Leading and directing the administrative reform and reform of the regime of official duties and civil servants in the state administration system from the central to local level;

i/ Leading, directing and inspecting activities of Ministers, Heads of ministerial-level agencies and local administrations and heads of agencies and units in the state administration system from the central to local level.

3.To submit to the National Assembly for approval proposals on the appointment, relief from duty or dismissal of Deputy Prime Ministers, Ministers or other members of the Government; when the National Assembly is in recess, to submit to the President to decide on the temporary suspension of the work of Deputy Prime Ministers, Ministers and other members of the Government.

4. To submit to the Standing Committee of the National Assembly for approval the appointment or relief from duty of ambassadors extraordinary and plenipotentiary of the Socialist Republic of Vietnam.

5. When the National Assembly is in recess, to decide to appoint acting Ministers or Heads of ministerial-level agencies at the proposal of the Minister of Home Affairs in case of vacancy of Ministers or Heads of ministerial-level agencies. In the interval between two sessions of the provincial-level People’s Councils, to decide to appoint acting Chairpersons of provincial-level People’s Committees at the proposal of the Minister of Home Affairs in case of vacancy of Chairpersons of provincial-level People’s Committees.

6. To decide on appointment, relief from duty, dismissal or permission for resignation of Deputy Ministers or holders of equivalent positions of ministries and ministerial-level agencies; to decide on appointment, relief from duty or dismissal of heads and deputy heads of government-attached agencies.

7. To approve the election and relief from duty, decide on the transfer or suspension of the work or dismissal of Chairpersons and Vice Chairpersons of provincial-level People’s Committees. To request provincial-level People’s Committee Chairpersons to suspend the work of or dismiss Chairpersons and Vice Chairpersons of People’s Committees at lower levels who fail to fulfill their tasks assigned by competent authorities or commit violations of law.

8. To suspend the implementation of, or annul the documents, of Ministers, Heads of ministerial-level agencies, provincial-level People’s Committees and Chairpersons of provincial-level People’s Committees that contravene the Constitution, laws and documents of state agencies at higher levels; to suspend the implementation of resolutions of provincial-level People’s Councils that contravene the Constitution, laws and documents of state agencies at higher levels and, at the same time, to propose the Standing Committee of the National Assembly to annul them.

9. To decide on and direct the negotiation of, and to direct the conclusion of, and accession to, treaties within the scope of the tasks and powers of the Government; to organize the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party.

10. To decide on criteria and conditions for establishment or dissolution of special professional or specialized agencies of provincial- and district-level People’s Committees. To decide on establishment of other agencies and organizations of provincial-level People’s Committees; to decide on establishment of councils, committees or boards when necessary to assist him/her in studying, directing and coordinating  the settlement of important interdisciplinary matters.

11. To convene and preside at Government meetings.

Article 29.Responsibilities of the Prime Minister

1. To be responsible to the National Assembly for the operation of the Government and the state administrative system from the central to local level; for his/her decisions and results of the implementation of these decisions within his/her assigned tasks and vested powers.

2. To report on the Government’s and his/her work; to give explanations andrespond to questions raised bythe National Assembly and the Standing Committee of the National Assembly; in case of his/her absence, to authorize a Deputy Prime Minister to perform these tasks.

3. To make reports to the People through the mass media on important issues falling within the Government’s and his/her competence.

Article 30.Competence to promulgate documents

1. The Prime Minister shall promulgate legal documents according to his/her competence so as to perform his/her tasks and exercise his/her powers, and review the implementation of such documents and deal with documents contravening the Constitution and laws.

2. The Prime Minister shall, on behalf of the Government, sign the Government’s documents; promulgate decisions and directives, and guide and review the implementation of such documents in the state administrative agencies from the central to local level.

Article 31.Deputy Prime Ministers

1. Deputy Prime Ministers shall assist the Prime Minister in his/her work as assigned by the latter, and are responsible to the Prime Minister for their assigned tasks.

2. In the absence of the Prime Minister, a Deputy Prime Minister delegated by the Prime Minister shall lead the work of the Government on behalf of the Prime Minister.

Chapter IV

TASKS AND POWERS OF MINISTERS AND HEADS OF MINISTERIAL-LEVEL AGENCIES

Article 32.Ministers and Heads of ministerial-level agencies

Ministers and Heads of ministerial-level agencies are members of the Government, shall preside over their ministries or ministerial-level agencies, and shall lead the work of their ministries or ministerial-level agencies; shall perform the state management of sectors and fields under their charge; and shall organize and monitor the implementation of laws concerning their sectors and fields nationwide.

Article 33.Tasks and powers of Ministers and Heads of ministerial-level agencies as members of the Government

1. To participate in settling the common work of the Government; to collaborate with the Government in making decisions and taking joint responsibility for issues within the Government’s competence.

2. To propose necessary guidelines, policies, mechanisms and legal documents within the competence of the Government and Prime Minister to the Government and Prime Minister; to take the initiative in working with the Prime Minister and Deputy Prime Ministers to deal with the Government’s work and other relevant work; to take responsibility for contents and progress of submission of assigned projects and legal documents.

3. To attend Government meetings and vote at Government meetings.

4. To perform specific tasks within sectors and fields assigned or authorized by the Government and Prime Minister. To direct, guide and review the implementation of laws, strategies, master plans, plans, programs and decisions of the Government and the Prime Minister in assigned sectors and fields.

5. To perform other tasks authorized by the Prime Minister.

Article 34.Tasks and powers of Ministers and Heads of ministerial-level agencies as Heads of ministries and ministerial-level agencies

1. To lead, direct, and take personal responsibility for, all aspects of work of their ministries and ministerial-level agencies; to direct their attached units to implement approved strategies, master plans, plans, programs and projects, and perform tasks of their ministries and ministerial-level agencies assigned by the Government.

2. To decide according to their competence or submit to the Government or the Prime Minister matters under the functions, tasks and powers of their ministries and ministerial-level agencies.

3. To propose the Prime Minister to appoint, relieve from duty, dismiss, or permit the resignation of, Deputy Ministers or Deputy Heads of ministerial-level agencies.

4. To promulgate legal documents according to their competence so as to perform the state management of assigned sectors and fields; to promulgate or submit to the Government or the Prime Minister for promulgation policies on development of assigned sectors and fields.

5. To carry out the recruitment, appointment, relief from duty, dismissal, transfer, secondment, evaluation, planning, training, retraining, commendation, rewarding and disciplining of cadres, civil servants and public employees, and decentralize the management of civil servants and public employees to attached organizations and units in accordance with law.

6. To decentralize the performance of a number of tasks related to assigned sectors or fields to local administrations; decentralize and authorize to attached organizations or units.

7.  To decide on programs on scientific and technological research, and application of scientific or technological advances; standards, processes, regulations and technical-economic norms of sectors and fields within their competence.

8. To decide on the establishment of interdisciplinary coordination organizations and public non-business units in accordance with law.

9. To appoint, relieve from duty, dismiss, permit resignation of, suspend the  work of, commend, reward and discipline heads and deputy heads of attached organizations and units.

10. To lead and direct the inspection and examination of the implementation of laws in assigned sectors or fields nationwide.

11. To manage, and organize the effective use of, working offices, assets and equipment, finance and state budget assigned to them; to decide on measures to prevent and combat corruption, practice thrift and combat waste and manifestations of bureaucracy and authoritarianism in assigned sectors and fields.

12. To lead and direct the administrative reform and reform of the regime of official duties and civil servants in sectors and fields under the state management of their ministries or ministerial-level agencies.

13. To take the initiative in closely coordinating with agencies of the Party, the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy, the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations;to give explanations of matters of concern of the Ethnic Council or National Assembly Committees; to respond to questions raised by National Assembly deputies and petitions of voters, the Vietnam Fatherland Front and socio-political organizations on matters under their management.

14. To perform other tasks assigned by the Government and the Prime Minister.

Article 35.Tasks and powers of Ministers and Heads of ministerial-level agencies in relationship with ministries, ministerial-level agencies and government-attached agencies

1. Ministers and Heads of ministerial-level agencies shall guide, inspect and coordinate with ministries, ministerial-level agencies and government-attached agencies in performing tasks in assigned sectors and fields.

2. Ministers and Heads of ministerial-level agencies may propose other Ministers or Heads of other ministerial-level agencies to suspend the implementation of, or annul their regulations that contravene the Constitution, laws or documents of superior state agencies or ministries or ministerial-level agencies on sectors and fields under the management of these ministries or ministerial-level agencies. In case the proposal is not approved, it may be submitted to the Prime Minister for decision.

Article 36.Tasks and powers of Ministers and Heads of ministerial-level agencies in relationship with local administrations

1. To direct, guide and inspect People’s Committees at all levels in performing tasks in assigned sectors and fields, and those assigned by the Government or the Prime Minister.

2. To propose the Prime Minister to terminate the implementation of resolutions of provincial-level People’s Councils that contravene the Constitution, laws or documents of superior state agencies on sectors and fields under their management.

To propose provincial-level People’s Committees or Chairpersons of provincial-level People’s Committees to terminate the implementation of or annul legal documents of provincial-level People’s Committees or Chairpersons of provincial-level People’s Committees that contravene documents on assigned sectors and fields. In case the provincial-level People’s Committee or the Chairperson of the provincial-level People’s Committee refuses the proposal, a report may be submitted to the Prime Minister for decision.

Article 37.Responsibilities of Ministers and Heads of ministerial-level agencies

1. To be personally responsible to the Prime Minister, the Government and the National Assembly for assigned sectors and fields; for results and effectiveness and efficiency of operations of their ministries and ministerial-level agencies; and for their decisions and results of implementation of their decisions within assigned tasks and vested powers; and 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; to give explanations andrespond to questions raised by the National Assemblyand the Standing Committee of the National Assembly.

3. To make reports to the People on important issues under their management.

Article 38.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 Ministers or Heads of ministerial-level agencies, and be responsible to 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. In case of merger of ministries or ministerial-level agencies or secondment or transfer of cadres as requested by competent agencies, the Prime Minister shall submit the number of Deputy Ministers and Deputy Heads to the Standing Committee of the National Assembly for consideration and decision.

Chapter V

MINISTRIES, MINISTERIAL-LEVEL AGENCIES AND GOVERNMENT-ATTACHED AGENCIES

Article 39.Ministries and ministerial-level agencies

1. Ministries and ministerial-level agencies are the Government’s agencies, and shall perform the function of state management of one or several sectors or fields and public services in these sectors or fields nationwide.

2. The Government shall define specific functions, tasks, powers and organizational structure of each ministry or ministerial-level agency.

Article 40.Organizational structures of ministries and ministerial-level agencies

1. The organizational structure of a ministry or ministerial-level agency is composed of departments, office, inspectorate, bureaus/agencies/authorities, general departments and public non-business units.

2. Departments, office, inspectorate, bureaus/agencies/authorities, general departments and public non-business units shall have their heads.

The number of deputy heads of a department, an office, an inspectorate, a bureau/an agency/an authority or a public non-business agency mustnot exceed 3. The number of deputy heads of a general department must not exceed 4.

3. The establishment of the units specified in Clause 1 of this Article shall be decided by the Government based on the nature, scope of management, functions, tasks and powers of each ministry or ministerial-level agency.

Article 41.Government Office

1.The Government Office is an apparatus assisting the Government and the Prime Minister, functions to advise on general affairs and assist the Government and the Prime Minister in performing their tasks and powers under the Government’s regulations.

2. The Government Office shall be headed by itsMinister-Director.

Article 42.Government-attached agencies

1. Government-attached agencies shall be established by the Government.

2. Heads of government-attached agencies shall perform their tasks and exercise their powers under the Government’s regulations; and be responsible to the Government and the Prime Minister for assigned tasks and powers.

3. The Government shall detail this Article.

Chapter VI

WORK REGIME OF THE GOVERNMENT

Article 43.Work regime of the Government and each member of the Government

The work regime of the Government and each member of the Government shall be based on the combination of powers and responsibilities of the Government and personal powers and responsibilities of the Prime Minister and each member of the Government.

The Government shall work on a collegial basis and make its decisions by a vote of the majority.

The Government shall promulgate its own working regulation.

Article 44.Forms of the Government’s operation

1. The Government shall regularly meet once a month or extraordinarily meet under the Prime Minister’s decision or at a request of the President or at least one-third of the total number of members of the Government.

2. In case the Government does not convene a meeting, the Prime Minister shall decide to seek written opinions from members of the Government.

3. The Government shall convene a meeting at a request of the President to discuss issues that the latter considers necessary to perform his/her tasks or exercise his/her powers.

Article 45.Responsibility of members of the Government to attend Government meetings

1. Members of the Government shall attend Government meetings; in case of their total or partial absence from a meeting, the Prime Minister’s consent is required.

The Prime Minister may allow a member of the Government to be absent from a Government meeting and to appoint his/her deputy to attend such meeting.

2. When necessary, Heads of government-attached agencies or Chairpersons of provincial-level People’s Committees may be invited to Government meetings.

3. Attendants of the Government’s meetings, who are not members of the Government, may voice their opinions but may not vote.

Article 46.Government meetings

1. A Government meeting shall be held only when it is attended by at least two-thirds of the total number of members of the Government.

2. Contents of Government meetings shall be proposed by the Prime Minister and informed to members of the Government.

3. The Government’s decisions must 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 47.Personsinvited to Government meetings

1. The President may attend Government meetings.

2. The Government shall invite the Chairperson of the Ethnic Council of the National Assembly to its meetings which discuss the implementation of ethnic policies. When issuing regulations on the implementation of ethnic policies, the Government shall seek opinions the Ethnic Council.

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 Government meetings which discuss relevant matters.

Article 48.Operation funds of the Government

Operation funds of the Government shall be decided by the National Assembly and be channeled from the state budget.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 49.Effect

This Law takes effect on January 1, 2016.

Law No. 32/2001/QH10 on Organization of the Government ceases to be effective on the effective date of this Law. 

Article 50.Detailing provision

The Government shall detail the articles and clauses in this Law as assigned.

This Law was passed on June 19, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.-

Chairman of the National Assembly
NGUYEN SINH HUNG