Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 23/2003/ND-CP | Hanoi, March 12, 2003 |
PROMULGATING THE GOVERNMENT’S WORKING REGULATION
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal of the Minister-Director of the Government’s Office,
DECREES:
Article 1.- To promulgate together with this Decree the Working Regulation of the Government.
The ministries, the ministerial-level agencies, the agencies attached to the Government and the People’s Committees of the provinces and centrally-run cities shall promulgate their own Working Regulations in accordance with this Regulation.
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The Government’s members, the heads of the agencies attached to the Government, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities, and the heads of the concerned agencies shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
THE GOVERNMENT’S WORKING REGULATION
(Promulgated together with the Government’s Decree No. 23/2003/ND-CP of March 12, 2003)
WORK-HANDLING PRINCIPLES, SCOPE AND MODES
Article 1.- Working principles of the Government
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a) To handle work strictly according to its competence and scope of responsibility; the superior levels shall not do the work of the subordinate levels and the collectives shall not do the work of individuals and vice versa;
b) Each work is left to the charge of only one person who assumes the prime responsibility. The agency heads assigned the work must take the prime responsibility for the assigned work;
c) Work shall be settled strictly according to the order, procedures and time limits prescribed by law, working programs and plans of the Government; at the same time, the administrative procedures must be reformed in order to ensure clarity, transparency, timeliness and efficiency;
d) To ensure the work coordination and information exchange in handling work and in all activities according to the law-prescribed functions, tasks and powers.
2. All activities of the Government, the Government’s members and the State administrative bodies must ensure the Party’s leadership, the compliance with law provisions, and the rights and interests of the people.
Article 2.- The scope and modes of handling work by the Government
1. Within the ambit of powers and responsibilities prescribed by law, the Government shall collectively resolve the following affairs:
a) The Government’s programs of activities for its whole term and annual working programs;
b) The law- and ordinance-making programs for the whole term and each year; bills, draft ordinances and other drafts to be submitted to the National Assembly and the National Assembly Standing Committee; resolutions and decrees of the Government;
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d) Important issues regarding undertakings, policies and mechanisms for economic and social development, national defenses, security, domestic and external relations;
e) Strategies, plannings and long-term, five-year as well as plans on socio-economic development; national important projects; the State budget estimates, projected allocation of the central budget and additional allocation from the central budget to the budget of each locality, the annual general State budget settlement to be submitted to the National Assembly;
f) Schemes on nationality policies and religious policies to be submitted to the National Assembly;
g) Schemes to be submitted to the National Assembly on organizational structure of the Government, the establishment and abolition of ministries, ministerial-level agencies and/or agencies attached to the Government; on the establishment, merger, division, adjustment of land boundaries of provinces, centrally-run cities, establishment and dissolution of special administrative – economic units;
h) The establishment, merger, division and/or adjustment of land boundaries of administrative units below the provincial/municipal level;
i) The Government’s reports to be presented before the National Assembly, the National Assembly Standing Committee, the State President;
j) The review of the direction of the administration and implementation of the Working Regulation of the Government;
k) Other issues falling under the Government’s jurisdiction as prescribed by law.
2. Modes of handling work by the Government:
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b) For a number of issues which must not necessarily be discussed at the Government’s meetings or issues which must be urgently decided but there exist no conditions to hold Government meetings, the Government’s Office shall, under the direction of the Prime Minister or Deputy-Prime Minister, send all the dossiers on the schemes (as provided for at Point c, Clause 1, Article 9 of this Regulation) and comment cards to every member of the Government. If the majority of the Government members agree, the Government’s Office shall submit such to the Prime Minister for decision and report on the results to the Government at its nearest meeting. If the majority of the Government members disagree, the Government’s Office shall report such to the Prime Minister for deciding to bring the issues for discussion at the Government’s nearest meeting.
The time limit for the Government members to reply on the comment cards shall comply with the provisions at Point c, Clause 3, Article 17 of this Regulation.
3. The collective resolutions of the Government, stated in Clause 2 of this Article, must be approved by more than half of the total number of the Government members.
When voting at meetings as well as when using comment cards, if the number of pros votes and the number of cons vote are equal, the decision shall be made according to the opinion voted for by the Prime Minister.
Article 3.- Responsibilities of the Government members
1. In addition to the tasks specified in Articles 2, 4, 5 and 6 of this Regulation, the Government members must perform the tasks under their personal responsibilities as follows:
a) To spare satisfactorily adequate time for participation in settling common affairs of the Government collective; to join the Government collective in deciding on matters falling under the Government’s competence and responsibility; to study and propose to the Government and/or the Prime Minister undertakings, policies, mechanisms and necessary legal institutions under the jurisdiction of the Government, the Prime Minister within and beyond the domains under their respective charge;
b) To attend all Government meetings and fully give replies in the comment cards in replacement of the voting at meetings, which are sent by the Government’s Office;
c) To perform specific tasks in the domains under their respective charge and under the authorization or assignment by the Government or the Prime Minister, such as : preparing and reporting on schemes before leading bodies of the Party and the National Assembly; monitoring, directing localities and establishments, joining the working delegations of the Government, presiding over press conferences, receiving citizens... and reporting on the results thereof to the Prime Minister.
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2. In their activities, the Government members must maintain regular contacts with agencies of the Party, the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy, Vietnam Fatherland Front Central Committee and the central bodies of mass organizations; fulfill all tasks according to regulations and relevant stipulations; study, settle and reply motions of the Nationality Council and various Committees of the National Assembly, questions of National Assembly deputies as well as proposals of the Fatherland Front and mass organizations.
3. The Government members must not speak and act against the decisions of the Government and the Prime Minister. In cases where they hold opinions different from such decisions, they must still abide by the decisions but can express their opinions with the Government collective or the Prime Minister on those issues. All violations must be reviewed and criticized before the Government collective in order to identify responsibilities therefor.
Article 4.- Scope and modes of handling work by the Prime Minister
1. The Prime Minister shall settle the following affairs:
a) Issues which, as prescribed by the Constitution, the Law on Organization of the Government and/or other legal documents, fall under the settling competence of the Prime Minister, and issues which are assigned to the Prime Minister by the Government for settlement;
b) Directing and administering activities of the Government as well as of the Government members and heads of the agencies attached to the Government;
c) Important inter-branch issues which ministers, heads of ministerial-level agencies and/or heads of agencies attached to the Government have coordinated in handling but cannot handle them as there still remain divergent opinions;
d) Issues which are proposed by provincial/municipal People’s Committee presidents, the president of the Presidium of the Vietnam Fatherland Front Central Committee and/or heads of the central bodies of mass organizations and fall beyond the settling competence of ministers, heads of ministerial-level agencies, and/or heads of agencies attached to the Government; issues relating to many branches, many localities, which have been assigned to the head of an agency to assume the prime responsibility in handling them, but cannot be settled due to the existence of divergent opinions;
e) Urgent, newly arising issues, serious incidents such as natural disasters, epidemics, accidents..., which go beyond the settling capability of ministries, ministerial-level agencies, agencies attached to the Government or provincial/municipal People’s Committees;
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2. The Prime Minister shall not handle affairs which fall under the settling competence of the ministers, the heads of ministerial-level agencies, the heads of agencies attached to the Government or the presidents of provincial/municipal People’s Committees.
3. Modes of handling work by the Prime Minister:
a) Handling work on the basis of the dossiers and documents submitted by the concerned agencies and summed up in the work-handling reports of the Government’s Office as provided for in Article 17 of this Regulation.
b) Meeting, working with leaders of the concerned agencies, consultancy organizations, experts to consult their opinions before making decisions. The order of meetings shall comply with the provisions in Article 18 of this Regulation.
c) Setting up organizations to advise the Prime Minister on settling a number of complicated and/or important matters, which are related to many branches and/or many localities and must be handled within a long period of time. The tasks, operation modes, compositions and operating duration of the advisory organizations shall be defined by the Prime Minister in the documents on the establishment thereof.
d) Other modes prescribed in this Regulation such as working trips and handling work on spot, receiving guests....
4. In his/her activities, the Prime Minister maintains regular contacts with the General Secretary of the Party Central Committee, the State President, the National Assembly Chairman, the chairman of the Supreme People’s Procuracy, the chief judge of the Supreme People’s Court, the president of the Presidium of Vietnam Fatherland Front Central Committee and the heads of the central bodies of mass organizations.
5. The Prime Minister decides the Government’s plans on working with the Presidium of the Vietnam Fatherland Front Central Committee and the leaderships of the central bodies of mass organizations to review the work coordination, exchange ideas on proposals of the Fatherland Front and/or mass organizations on the Government’s activities and create conditions for these organizations to operate efficiently.
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a) Each Deputy-Prime Minister is assigned by the Prime Minister to direct a number of working domains of the Government and the operations of a number of ministries, ministerial-level agencies and agencies attached to the Government;
b) The Deputy-Prime Ministers are entitled to use the powers of the Prime Minister to act in the name of the Prime Minister when settling affairs falling within their assigned domains and are answerable to the Prime Minister therefor;
c) A Deputy-Prime Minister takes initiative in settling his/her assigned work; if there appears any matter related to the domain managed by other Deputy-Prime Minister, he/she shall directly coordinate with such Deputy-Prime Minister in the settlement thereof. Where there appear matters which require the opinions of the Prime Minister or on which there still exist divergent opinions between the Deputy-Prime Ministers, the deputy- Prime Minister who is assuming the prime responsibility in handling such work shall report such to the Prime Minister for decision;
d) The Prime Minister takes responsibility for the decisions made by Deputy-Prime Ministers while performing the tasks assigned by the Prime Minister;
e) Depending on the requirements of administration in each period, the Prime Minister may readjust the work assignment among the Deputy-Prime Ministers.
2. Within the scope of their assigned work, the Deputy-Prime Ministers have the tasks and powers:
a) To direct the ministries, the ministerial-level agencies, the agencies attached to the Government and the provincial/municipal People’s Committees in elaborating legal documents, mechanisms, policies, strategies, plannings and plans on development of branches, domains, regions, localities; as well as schemes on security, national defense and diplomacy for submission to the Government and/or the Prime Minister;
b) To inspect, urge the ministries, the ministerial-level agencies, the agencies attached to the Government, the People’s Councils and the People’s Committees of the provinces and centrally-run cities in organizing the implementation of the documents of the Government and the Prime Minister, the undertakings, policies and legislation related to the domains under their respective charge; to detect and propose issues which need to be amended or supplemented. If detecting that ministries, ministerial-level agencies, agencies attached to the Government, People’s Councils and/or People’s Committees of provinces and/or centrally run cities promulgate documents or act in contravention of law, they shall act on behalf of the Prime Minister, deciding to stop the implementation of such erroneous documents or wrong acts, and at the same time setting forth handling measures in accordance with law provisions;
c) To settle routine affairs falling under the competence of the Prime Minister within the domains assigned by the Prime Minister; to ask for the Prime Minister’s opinions for handling matters contrary to the current regulations of the Government or the Prime Minister as well as matters which they deem necessary;
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e) To monitor the organizational apparatus and direct the handling of internal matters falling under the Prime Minister’s jurisdiction in the agencies assigned to them for monitoring.
3. The permanent Deputy-Prime Minister, in addition to the above tasks, shall also have the following tasks:
a) To assist the Prime Minister in coordinating the Government’s common activities according to the Government’s working programs and the directing and administering requirements.
b) To be authorized by the Prime Minister to sign documents of the Government and settle work directly managed by the Prime Minister when the Prime Minister is absent.
4. When both the Prime Minister and the permanent Deputy-Prime Minister are absent, the Prime Minister shall appoint another Deputy-Prime Minister to temporarily replace them in performing the tasks of permanency.
5. The Deputy-Prime Ministers do not directly handle affairs which fall under the settling competence of the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government or the presidents of the provincial/municipal People’s Committees.
6. The Deputy-Prime Ministers handle work by modes stated at Clause 3, Article 4 of this Regulation.
7. The work-settling decisions of each Deputy-Prime Minister must be informed in time by the Government’s Office to the Prime Minister and other Deputy-Prime Ministers.
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a) Affairs which fall under their respective competence prescribed in the Constitution, the Law on Organization of the Government and other legal documents;
b) Settling or considering for submission to the Government and/or the Prime Minister for settlement according to competence the proposals of ministries, ministerial-level agencies, attached to the Government, provincial/municipal People’s Committees, Vietnam Fatherland Front or mass organizations... on matters which fall within the scope of their respective State management responsibility;
c) To contribute opinions to the heads of other agencies of the Government, the presidents of the provincial/municipal People’s Committees in order to handle matters which fall under the competence of such agencies but relate the functions, branches or domains under their respective management.
2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies shall have to heighten their personal responsibilities and properly exercise their delegated powers (including affairs decentralized or authorized by the Government or the Prime Minister), shall not transfer the work falling within their respective functions and competence to the Prime Minister or to other agencies and also not to settle affairs which fall under the competence of the subordinate levels or other agencies.
3. When necessary, the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall work directly with the Prime Minister to ask for his directing opinions on matters falling within their respective branches or domains and to propose opinions to the Prime Minister on the common affairs of the Government.
4. The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall bear personal responsibility before the Government and the Prime Minister for all the affairs falling under their respective functions and competence, even when they have assigned or authorized their deputies to handle such affairs.
1. The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government, when handling affairs which fall under their respective competence and relate the tasks of other agencies, must necessarily consult with the heads of those agencies; the consulted agency heads are obliged to reply and must bear responsibility for the contents of their replies. The opinion consultation shall comply with the provisions in Clause 3, Article 13 of this Regulation.
2. For issues falling beyond their settling competence and capabilities, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government must take initiative in working with the heads of the concerned agencies to finalize the dossiers to be submitted to the Government, the Prime Minister for consideration and decision.
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1. The chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities, who request to work with the ministers, the heads of the ministerial-level agencies and/or the heads of the Government-attached agencies on the branch- managing domains in their respective localities, should carefully prepare the contents and notify the concerned agencies thereof in advance. The ministers, the heads of the ministerial-level agencies and the heads of the Government-attached agencies shall have to directly or (assign their deputies to) meet and work with the chairmen (or vice-chairmen) of the People’s Councils and/or the presidents (or vice-presidents) of the People’s Committees of the provinces or centrally-run cities.
2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies have the responsibility to settle the proposals of the chairmen of the People’s Councils and/or the presidents of the People’s Committees of the provinces or centrally-run cities according to their competence and must reply them in writing within no more than 15 working days after the receipt of their written requests, if other agencies’ opinions are not required, or 30 working days if other agencies’ opinions on contents of relevant affairs are required. If past such time limits they do not receive the written replies yet, the chairmen of the People’s Councils and/or the presidents of the People’s Committees of the provinces or centrally-run cities shall request the heads of those agencies to reply, and at the same time report such to the Prime Minister for directing the responsible agencies to settle.
3. Where the proposals of localities fall under the settling competence of ministries, ministerial-level agencies or Government-attached agencies but relate many branches, the chairmen of the People’s Councils or the presidents of the People’s Committees of the provinces or centrally-run cities shall request an agency involved in the principal contents of their written proposals to act as the main settling body. The agencies requested by localities to act as the main-settling bodies shall have the responsibility to coordinate with the concerned agencies in handling the proposals of the localities. The concerned agencies must clearly reply on every issues raised by the localities. Where the concerned agencies fail to reach agreement on the settling ways, the main settling bodies shall clearly report on the divergent opinions to the Prime Minister for consideration and decision, and at the same time notify such to the localities. The duration from the time of receiving the proposals of localities to the time of finalizing the dossiers for submission to the Prime Minister shall not exceed 30 working days.
4. The Government’s Office shall finalize the dossiers on, and the procedures for submission to the Prime Minister for decision, issues proposed by localities which fall beyond the competence of the ministers, the heads of the ministerial-level agencies or the heads of the Government- attached agencies after having fully obtained written comments of the concerned agencies.
5. The ministers, the heads of the ministerial-level agencies and the heads of the Government-attached agencies regularly coordinate with the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities in providing professional guidance and direction; inspecting and urging the agencies under the People’s Councils or the People’s Committees of the provinces and centrally-run cities in the observance of law and the stipulations for branches, domains and in strictly managing units under the central government, which station in their respective localities, promptly redressing, correcting and handling wrong acts committed by the subordinates.
Article 9.- Procedures for sending official dispatches, reports on work handling
1. Necessary procedures for reporting to the Government, the Prime Minister on work handling:
a) The official dispatches and reports to be submitted to the Government or the Prime Minister must be signed and affixed with seals by the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the chairmen of the People’s Councils and/or the presidents of the People’s Committees of the provinces or centrally-run cities, the heads of the central agencies, organizations or associations, the chairmen of the Managing Boards or the general directors of the State Corporations set up under the Prime Minister’s decisions (or their authorized deputies) strictly according to their respective competence.
b) For issues related to the functions and tasks of other agencies, the to be- submitted dossiers must contain the official written opinions of those agencies (or the exposition on the opinion consultation but failure to obtain the replies from the concerned agencies after the expiry of the prescribed time limits).
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- The reports submitted to the Government, the Prime Minister, clearly explaining the principal contents of the schemes and bases of the proposals, the divergent opinions;
- The documents of the scheme-appraising agencies as provided for by law;
- The reports on the acceptance of opinions contributed by the concerned agencies, including other advisory opinions (if any);
- The draft principal documents and the draft implementation- guiding documents. The contents of these drafts must be clear and specific so that the principal documents can be enforced immediately once they are adopted;
- The plan on the organization of implementation once the schemes are approved and documents are promulgated;
- Other necessary documents.
2. Only one original of the official dispatches or reports requesting the work settlement shall be addressed to the agency competent to settle; if they need to be sent to the concerned agencies for information or coordination, only the names of such agencies shall be inscribed at the end of the official dispatches or reports (section on recipients).
3. The dossiers to be submitted to the Government or the Prime Minister must be listed by the Government’s Office for monitoring the handling process.
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Article 10.- Assorted working programs
1. The working programs shall include the annual, quarterly and monthly working programs of the Government, the Prime Minister; the weekly working programs of the Prime Minister and Deputy-Prime Ministers.
a) Schemes prescribed in this Regulation and included in the working programs of the Government or the Prime Minister shall include:
- The contents mentioned in Clause 1, Article 2 of this Regulation;
- The draft legal documents; projects and issues related to policies, mechanisms, strategies, plannings, plans and falling under the deciding, approving and promulgating jurisdiction of the Prime Minister.
b) Lists of schemes registered for submission to the Government or the Prime Minister must be made on the basis of the undertakings and policies of the Party; the provisions of laws, ordinances, resolutions of the National Assembly, resolutions of the National Assembly Standing Committee, resolutions and decrees of the Government, decisions and directives of the Prime Minister, the direction of the Prime Minister and the initiatives of the ministries, the ministerial-level agencies, the Government-attached agencies, the provincial/municipal People’s Committees.
2. The annual working programs of the Government or the Prime Minister shall be composed of two parts: Part one on the orientations, tasks and major solutions of the Government on all working domains; part two shall be the lists of schemes to be submitted to the Government, the Prime Minister in the year.
a) The schemes inscribed in the annual working programs must clearly determine whether they are decided by the Government or the Prime Minister, the agencies assuming the prime responsibility for preparation and the estimated time for submission of each scheme.
b) The time limits for submitting schemes inscribed in the annual working programs are projected to each quarter, each month.
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a) The contents of the regular meetings of the Government cover the schemes and reports mentioned in Clause 1, Article 2 and Article 44 of this Regulation.
b) The schemes inscribed in the quarterly working programs shall be divided according to domains assigned to the Prime Ministers, the Deputy-Prime Ministers for management.
c) The first-quarter working program is determined in an annual working program.
4. The monthly working programs include lists of schemes to be submitted to the Government, the Prime Minister and the contents of the Government’s meetings in the months, with a view to making supplements and adjustments in order to make accurate the schemes and time for submission.
a) The schemes inscribed in the monthly working programs shall be divided according to domains assigned to the Prime Minister, the Deputy-Prime Ministers for management.
b) The working program of the first month of a quarter shall be determined in the quarterly working program.
5. The weekly working programs shall include activities of the Prime Minister and the Deputy-Prime Ministers according to each day in the week.
Article 11.- Order of drawing up the working programs
1. The annual working programs:
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On November 15 at the latest, the ministries and agencies shall send to the Government’s Office the lists of schemes to be submitted to the Government, the Prime Minister in the following year. The lists shall include schemes under the deciding scope and competence of the Government, the Prime Minister mentioned at Point a, Clause 1, Article 10 of this Regulation and must clearly state the names of the schemes, the main ideas and contents of the schemes, the deciding levels (the Government, the Prime Minister), the time limit for submission of each scheme;
b) On the basis of the requirements, set tasks and lists of the registered schemes of the ministries and agencies, the Government’s Office shall draft the next year’s working programs of the Government, the Prime Minister, and submit them to the Prime Minister for consideration and comments before they are submitted to the Government for adoption at its year-end regular meeting;
c) Within no more than 10 working days after the Government adopt the annual working programs at its meetings, the Government’s Office shall re-finalize the annual working programs and submit them to the Prime Minister for his/her permission for the promulgation thereof, and send them to the Government members, the heads of the Government-attached agencies, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities as well as concerned agencies and organizations for information and implementation.
2. The quarterly working programs:
a) In the final month of each quarter, the ministries and agencies shall have to assess the situation on implementation of the working program of that quarter, scrutinize the schemes of the next quarter already inscribed in the annual working program, and examine newly arising issues in order to propose adjustments of the working program of the following quarter.
On the 15th of the final month of the quarter at the latest, the agencies shall forward their proposals on adjustment of the next quarter’s working program to the Government’s Office;
b) Based on the annual working programs, the direction and administration of the Government, the Prime Minister and the adjustment proposals of the ministries and agencies, the Government’s Office shall draft the quarterly working programs of the Government and the Prime Minister, submit them to the Prime Minister for his/her permission for the promulgation thereof. On the 25th of the final month of the preceding quarter at the latest, the Government’s Office shall send the next quarter’s working program to the ministries and agencies as well as concerned organizations for information and implementation.
3. The monthly working programs:
a) Based on the tempo of preparation for the schemes already inscribed in the quarterly working programs, the existing and arising problems, the ministries and agencies shall send their proposals for adjustment of the next month’s working program to the Government’s Office on the 20th of every month at the latest.
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4. Weekly working programs:
Based on the monthly working programs and the direction and administration of the Prime Minister and the Deputy-Prime Ministers, the Government’s Office shall coordinate with the concerned agencies in drawing the weekly working programs of the Prime Ministers and Deputy-Prime Ministers; and send them to the ministries, agencies and concerned organizations on Friday of the preceding week at the latest.
5. The order of projecting the law-, ordinance-, resolution-, decree-making programs shall comply with the Law on the Promulgation of Legal Documents.
6. The adjustment of working programs shall be made on the basis of the direction and administration of the Government, the Prime Minister and the proposals of the ministries and agencies. Where ministries and/or agencies request adjustment or the Government’s Office deems it necessary to make adjustments, the Government’s Office shall report such to the Prime Minister for consideration and decisions and timely inform the Government members and the heads of the concerned agencies thereof.
7. The Government’s Office shall act as the main body to manage the working programs of the Government and the Prime Minister, having the responsibility to advise the Government and the Prime Minister on synthesizing, elaborating, adjusting and organizing the implementation of, the working programs to ensure the compatibility with the requirements of direction and administration of the Government, the Prime Minister.
The Government’s Office must regularly coordinate with the Office of the Party Central Committee, the Office of the National Assembly, the Office of the State President and the concerned agencies in elaborating and ensuring the feasibility of the working programs of the Government, the Prime Minister.
Article 12.- Plans on preparation of schemes
1. Based on the Government’s annual working program, the Prime Minister, the heads of the agencies (or experts’ groups tasked by the Prime Minister of Deputy-Prime Ministers) managing the schemes (called scheme managers for short) must draw up plans on preparation of schemes, clearly identifying issues the implementation of which should be guided once the documents or main issues are approved, the scope of each scheme, coordinating agencies; beat the deadlines set for submission of schemes and send scheme preparation plans to the Government’s Office for monitoring and urging the implementation.
For bills, draft ordinances, the plan elaboration shall comply with the provisions of the Law on the Promulgation of Legal Documents.
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Article 13.- Coordinating relationships in scheme preparation
1. The coordination in preparing schemes for submission to the Government and/or the Prime Minister is the responsibility of the scheme managers and the heads of the concerned agencies.
2. The scheme managers shall invite the heads of the concerned agencies to discuss scheme preparation or to appoint officials to participate in scheme preparations. The invited agencies shall have to designate persons to participate therein at the request of the scheme managers. The persons designated to be representatives of agencies for participation in scheme preparation must regularly report to and ask for permission of the heads of their agencies in the course of participation in elaboration of schemes.
The above activities of coordination in scheme elaboration cannot substitute for the official comment- gathering procedures prescribed in Clause 3 of this Article.
3. Upon the completion of scheme preparation, the scheme managers must gather official comments of the concerned agencies in either of the following two forms:
a) Organizing meetings: The scheme managers send invitation papers and documents to the invited agencies at least 5 working days before the meeting dates. The heads of the scheme-managing agencies shall preside over the meetings, presenting the contents and gathering comments in order to supplement and finalize the schemes; ideas expressed at discussions must be recorded in the minutes of the meetings with the signature of the meetings’ chairpersons.
The invited agencies must send fully competent representatives to the meetings, who shall state their agency heads’ ideas (if any) and must fully report on the conclusions of the meetings to the heads of their agencies. Where representatives of the invited agencies are absent, the scheme managers shall have to send the relevant conclusions to those agencies. Within 5 working days as from the time of receiving the official dispatches, the heads of the agencies asked to make comments must give their written replies. If past the above time limit the heads of the commenting agencies fail to give their written replies, they are deemed to have agreed with the schemes and must bear responsibility for the relevant contents.
b) Sending official dispatches for comments: The scheme managers shall send the final drafts of the schemes and the enclosed dossiers to the heads of the concerned agencies in order to gather their comments. The heads of the agencies asked to give their comments shall have to give their official comments in writing to the scheme managers within no more than 10 working days as from the date of receiving the requests fully enclosed with necessary dossiers. The written comments must clearly state points of agreement, points of disagreement, proposals on amendments and/or supplements. If the scheme dossiers are not clear enough or need more time for study of the complicated matters therein, the commenting agencies are entitled to request the scheme managers to clarify them or additionally supply necessary documents and reach new agreement on the time limits for their written replies, which, however, must not exceed 15 working days.
If past the above time limit the heads of the commenting agencies still fail to give their replies, they are considered as having agreed with the schemes and must bear responsibility for the relevant contents.
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Article 14.- Monitoring and evaluating the results of implementation of working programs
1. Monthly, quarterly, biannually and annually, the ministries and agencies shall review and evaluate the implementation of schemes already inscribed in the working programs, notify the Government’s Office of the results of handling of schemes under their respective management, the uncompleted schemes and orientations for further handling, and at the same time adjust and supplement schemes in the working programs for the coming time.
2. The Government’s Office shall have the tasks to assist the Government and the Prime Minister in regularly monitoring, inspecting and urging the preparation of schemes of the ministries, the ministerial-level agencies, the Government-attached agencies, the provincial/municipal People’s Committees; to quarterly, biannually and annually report to the Government on the results of implementation of the working programs of the Government, the Prime Minister.
SETTLING ROUTINE AFFAIRS BY THE PRIME MINISTER
Article 15.- Modes of settling routine affairs by the Prime Minister
1. The Prime Minister and Deputy-Prime Ministers shall examine and settle routine affairs mainly on the basis of dossiers and documents submitted by the ministries and agencies and already synthesized by the Government’s Office in report papers on work handling by the Government’s Office.
2. The Prime Minister, Deputy-Prime Ministers shall preside over meetings to settle important and necessary issues which cannot be handled immediately by modes defined in Clause 1 of this Article.
Article 16.- Responsibilities of the Government’s Office in preparation of report papers
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2. Upon receipt of scheme and work dossiers sent by agencies to the Government and/or the Prime Minister, the Government’s Office shall have the tasks:
a) To examine the procedures: If the work and scheme dossiers are submitted not in accordance with the provisions in Article 9 of this Regulation, within two working days, the Government’s Office returns them to the submitting agencies and request them to make additional preparation. For matters which need to be settled urgently, the Government’s Office shall send written notices to the submitting agencies, requesting them to additionally provide dossiers, and at the same time report thereon to the Prime Minister or Deputy-Prime Ministers.
b) To examine the contents:
- If the submitted scheme or work contents do not fall under the settling jurisdiction of the Government and/or the Prime Minister, within 3 working days, the Government’s Office must return them to the submitting agencies and clearly state the reasons therefor;
- If the submitted scheme or work contents contain unclear matters or there still exist divergent opinions on handling viewpoints among the concerned agencies, the Government’s Office shall request the scheme managers to further explain them; or under the Prime Minister’s authorization, the Minister-Director of the Government’s Office shall organize meetings with the scheme managers and the concerned agencies or send official dispatches to gather more comments of other agencies for handling and reporting to the Prime Minister or Deputy-Prime Ministers for decision;
- To analyze, synthesize and give independent comments on the submitted scheme or work contents in the aspects of: legality, the compatibility with undertakings and policies of the Party, the State and the direction of the Government, the Prime Minister; the efficiency and feasibility of the work; the forms of documents to be promulgated and proposals on handling plans.
3. Within 7 working days (or 10 working days for the handling of the schemes mentioned at Point a, Clause 1, Article 10 of this Regulation) as from the time of receiving the procedurally valid dossiers, the Government’s Office must finalize the report papers for submission to the Prime Minister or Deputy-Prime Ministers. The work-settling report papers must clearly, fully and faithfully demonstrate the opinions of agencies, including divergent opinions; the proposals of experts who directly monitor and lead the Government’s Office. The work-settling report papers must be fully enclosed with dossiers.
Article 17.- Handling of report papers and issuing documents
1. The Prime Minister or Deputy-Prime Ministers shall handle the report dossiers and give their official comments on the work-settling report papers of the Government’s Office within 5 working days as from the date the Government’s Office submit them.
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In case of necessity, the Prime Minister or Deputy-Prime Ministers may authorize the Minister-Director of the Government’s Office or another member of the Government to preside over such meetings and report on the meetings’ results in writing to the Prime Minister or Deputy-Prime Ministers.
3. For schemes which fall within the scope of resolution by the Government collective as stated in Clause 1, Article 2 of this Regulation, the Prime Minister or Deputy-Prime Ministers shall, according to their assigned domains, examine the contents and nature of each scheme for decision:
a) To permit the scheme managers to complete the procedures for submission to the Government at its regular meetings;
b) To request the scheme managers to make additional preparation if deeming that the scheme contents do not satisfy the requirements;
c) To assign the Government’s Office to carry out procedures to gather comments of the Government members as provided for at Point b, Clause 2, Article 2 of this Regulation.
The Government’s Office shall have to send, urge, synthesize the results of the cards gathering comments of the Government members within 15 days.
4. Basing itself on the deciding opinions of the Prime Minister or deputy- Prime Ministers on the scheme and work contents, the Government’s Office shall have to finalize the draft documents to be signed for promulgation:
a) The contents of the directing opinions of the Prime Minister or Deputy-Prime Ministers regarding the policies and mechanisms must be demonstrated in written documents signed by the Prime Minister or Deputy-Prime Ministers.
b) For cases where it is not necessary to promulgate documents of the Government or the Prime Minister, under the direction of the Prime Minister or Deputy-Prime Ministers, the Government’s Office shall notify such in writing to the submitting agencies and the concerned agencies.
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1. There are two types of meetings for the Prime Minister, Deputy-Prime Ministers to handle routine affairs:
a) In the assigned domains, the Prime Minister, Deputy-Prime Minister shall meet with experts, scheme managers and representatives of the concerned agencies to listen to their opinions and advises before deciding to settle the affairs;
b) The Prime Minister shall together with the Deputy-Prime Ministers hold briefings to exchange ideas on handling of affairs.
2. The organization of the meetings stated at Point a, Clause 1 of this Article shall comply with the following regulations:
a) Responsibilities of the Government’s Office:
- To urge the scheme-managing agencies to fully prepare documents for meetings, send invitation papers together with the meeting documents to invited participants at least 3 working days before a meeting begins (except for special cases, the documents may be sent later if so agreed by the Prime Minister or Deputy-Prime Minister);
- To prepare venues and conditions in service of the meetings, ensuring safety for meetings (if the meetings are held at the Government’s Office); to coordinate with the concerned agencies in performing these tasks if the meetings are not held at the Government’s Office;
- To write the minutes of the meetings and possibly to tape-record the meetings when necessary;
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b) Responsibilities of scheme managers:
- To fully prepare documents for the meetings as notified by the Government’s Office;
- To prepare explanations on necessary issues related to the meetings’ contents;
- After the meetings, to coordinate with the Government’s Office in finalizing the schemes of written reports according to the conclusions of the Prime Minister or the Deputy-Prime Ministers.
c) Agencies, organizations, individuals shall have to attend meetings strictly according to the lists of invitees, and deliver speeches on relevant issues.
3. The organization of briefings of the Prime Minister and Deputy-Prime Minister shall comply with the following regulations:
a) The contents of work to be settled through briefings cover issues which have not yet been settled by the Prime Minister or Deputy-Prime Ministers by mode of examining dossiers and report papers of the Government’s Office but require no meetings as provided for at Point a, Clause 1 of this Article;
b) At the briefings, the Prime Minister and Deputy-Prime Ministers shall exchange ideas in order to handle and definitely settle issue by issue and work by work;
c) The Minister-Director of the Government’s Office and deputy-directors of the Government’s Office are entitled to attend the briefings of the Prime Minister and the Deputy-Prime Ministers. In case of necessity, under the Prime Minister’s direction, the Government’s Office may invite other representatives;
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e) The Government’s Office shall have the responsibility to perform works as provided for at Point a, Clause 2 of this Article.
f) Agencies, organizations and individuals shall have the responsibility to attend the meetings strictly according to lists of invitees and give their speeches on relevant issues.
Article 19.- Regular meetings and irregular meetings of the Government
1. The Government holds its regular meetings once a month.
2. The Government holds its irregular meetings under decisions of the Prime Minister or at the request of at least 1/3 of the total number of the Government members.
Except for special, unexpected cases, the preparation for, the convening and organization of, and other works related to, irregular meetings shall be effected as for regular meetings.
3. The Prime Minister shall chair the Government meetings. When the Prime Minister is absent, the permanent Deputy-Prime Minister shall replace the Prime Minister in presiding over the meetings.
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Article 20.- Preparation for Government meetings
1. The Prime Minister shall decide the contents, lists of invitees, time and agenda for the Government meetings.
A regular Government meeting starts on Wednesday of the final week of a month. The Prime Minister may decide to change the date for such meeting when necessary. The change must be notified to the Government members at least 5 working days before the meeting opens.
2. The Government’s Office has the tasks:
a) To examine, synthesize scheme dossiers to be presented before the meeting;
b) To prepare agenda for the meeting, project the list of participants.
Within 7 working days at most before the meeting starts, the Government’s Office shall submit to the Prime Minister for official decision the contents, agenda and time of the Government meeting and the participants therein and notify the Government members of the Prime Minister’s decisions on the above-mentioned issues.
3. Within 10 working days at most (or 5 working days for special cases) before the Government meeting, the scheme managers must send documents already examined and permitted by the Prime Minister (or Deputy-Prime Ministers) to be presented at the meeting as provided for at Point a, Clause 3, Article 17 of this Regulation to the Government’s Office. The quantity of documents to be sent to the Government for consideration and examination at a regular meeting shall be 80 sets.
4. The Minister-Director of the Government’s Office, under the authorization of the Prime Minister, shall invite the State President and the persons defined at Clause 2, Article 21 of this Regulation to attend the Government meetings;
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5. The invitation papers and documents for the meetings must be sent to the Government members and invited delegates at least 5 working days before the meetings start, except for special cases.
Article 21.- Participants in the Government meetings
1. The Government members must attend all Government meetings; if a member is absent from a meeting or from a time section of the meeting, he/she must report such in writing and obtain the Prime Minister’s consent.
The Prime Minister may permit the absent Government members to nominate their deputies to attend the Government meetings. The substituting participants shall have the responsibility to present before the Government the opinions of the absent Government members (if any).
A Government meeting shall proceed when it is attended by at least two thirds of the total number of the Government members.
2. The Government shall invite the State President to attend all Government meetings;
The Government shall invite the chairman of the Nationality Council of the National Assembly to attend the Government meetings which discuss schemes related to the nationality policies; invite the president of the Presidium of the Vietnam Fatherland Front Central Committee, the president of Vietnam Labor Confederation, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy, the heads of the central bodies of mass organizations to attend the Government meetings which discuss relevant matters.
3. The heads of the agencies attached to the Government, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities, representatives of the Commissions of the Party Central Committee, of the Committees of the National Assembly and other delegates shall be invited to attend Government meetings when necessary.
Delegates other than the Government members may present their opinions but are not allowed to vote.
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A Government meeting is conducted in the following order:
1. The Minister-Director of the Government’s Office reports on the numbers of Government members present, absent, substituting participants and persons invited to attend; the contents and projected agenda of the meeting.
2. The chairperson begins the meeting.
3. The Government discusses scheme by scheme in the following order:
a) If the schemes were already sent to the Government members for written comments, the Minister-Director of the Government’s Office shall present the sum-up report on the results of gathering through comment cards the comments of the Government members on the contents of the schemes, clearly stating issues on which unanimity has been reached and issues on which unanimity has not yet been reached and the Government’s discussions and voting are required.
b) Where the schemes and comment cards have not been sent in advance to the Government members, the scheme managers shall present in brief the schemes and issues requiring the Government’s opinions; the representatives of the appraising agencies shall speak out their appraisal opinions.
c) The Government members shall speak, clearly stating their approval or disapproval of any point of the above-mentioned specific issues and not dealing on matters agreed upon within the schemes. Delegates being non-members of the Government are invited to speak on relevant issues within the schemes. The time for one speech shall not exceed 10 minutes.
d) The Prime Minister or the Deputy-Prime Minister, who presides over the discussion, shall make conclusions and call for the Government’s voting.
If deeming that the discussions are not enough to clarify the issues, the Prime Minister or the Deputy-Prime Minister, who presides over the discussions on the schemes, shall propose the Government not to make voting and request the scheme managers make more preparation.
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5. The Minister-Director of the Government’s Office shall report to the Government on the Government’s resolutions between two meetings.
6. The Minister-Director of the Government’s Office shall submit to the Government for adoption the resolution of the Government meeting.
7. The chairperson closes the Government meeting.
Article 23.- Minutes of Government meetings
1. The minutes of Government meetings are documents fully and truthfully inscribed with opinions voiced by Government members and participants, with the development of the meetings, conclusions of the Prime Minister, Deputy-Prime Ministers on each scheme, the voting results at the meetings, conclusions of the chairpersons of the meetings.
The Minister-Director of the Government’s Office shall organize the writing of minutes and sign the minutes of the Government meetings.
2. The meeting minutes and documents circulated in the meetings shall be kept in the State dossiers and preserved according to the confidentiality regime.
The consultation and reference of contents of minutes of Government meetings shall be decided by the Minister-Director of the Government’s Office.
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2. The resolutions of Government meetings must clearly and fully express the resolutions of the Government collective at the meetings; the responsibilities of the Government members in the implementation of the Government’s resolutions.
3. The promulgation of documents already adopted by the Government at its meetings shall comply with the provisions in Chapter V of this Regulation.
PROMULGATION AND PUBLICATION OF DOCUMENTS OF THE GOVERNMENT, THE PRIME MINISTER
Article 25.- The time limits for promulgation of documents of the Government, the Prime Minister
1. Within 5 working days as from the time a Government meeting ends or the Prime Minister or a Deputy-Prime Minister makes decisions on the schemes, work, the Minister-Director of the Government’s Office shall, together with the scheme managers, finalize the draft documents as provided for at Clause 4, Article 17 of this Regulation, to be signed for promulgation.
2. Documents guiding the implementation of resolutions and/or decrees of the Government; decisions and directives of the Prime Minister must be prepared simultaneously with the draft resolutions, decrees, decisions and/or directives and be promulgated within 10 working days after promulgating the documents of the Government, the Prime Minister. Where agencies must coordinate in issuing joint guiding documents, such time limit must not exceed 20 working days after promulgating the documents of the Government, the Prime Minister.
Article 26.- Competence to sign documents
1. The Prime Ministers shall sign the resolutions and decrees of the Government, his/her decisions, directives on important undertakings and policies, on organizational apparatus and personnel.
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The permanent Deputy-Prime Minister shall be authorized by the Prime Minister to sign a number of documents mentioned in Clause 1 of this Article.
3. The ministers, the heads of the ministerial-level agencies shall sign a number of administrative documents when they are so authorized by the Prime Minister.
4. Apart from signing documents under the Prime Minister’s authorization, the Minister-Director of the Government’s Office shall be also assigned to sign documents informing the directing opinions of the Prime Minister or Deputy-Prime Ministers to the concerned agencies for information and implementation. These documents shall be valid only for information, urging, do not substitute for legal documents.
Article 27.- Publication of documents
1. The resolutions and decrees of the Government, decisions and directives of the Prime Minister, decisions, directives and circulars issued by ministers and/or heads of ministerial-level agencies as well as joint circulars must all be publicized under the provisions of the Law on the Promulgation of Legal Documents.
2. The documents mentioned in Clause 1 of this Article and other legal documents must be updated onto the Government’s wide-range informatics network, except for contents on the lists of State secrets.
The Minister-Director of the Government’s Office shall organize the updating of documents onto the Government’s wide-range informatics network according to the provisions of the Law on the Promulgation of Legal Documents and this Regulation.
EXAMINATION OF THE IMPLEMENTATION OF DOCUMENTS
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The examination of the implementation of documents aims for the following purposes:
1. To urge and guide the implementation of legal documents and administrative documents of competent State bodies; to detect and handle in time problems arising in reality.
2. To ensure smooth direction and administration; to maintain law and order as well as discipline in the State administrative system, combat corruption, wastefulness and all manifestations of bureaucracy, authoritarianism or bumbledom.
3. To heighten the sense of discipline and personal responsibility of the heads of agencies as well as State officials and public employees.
4. To enhance close contacts with localities and establishments, review and draw experiences in direction and administration, ensuring that undertakings and policies enter life and yield high efficiency in all aspects of the socio-economic life.
Article 29.- Examination principles
1. Examination must be conducted in a regular and planned manner. The heads of the agencies competent to conduct examinations shall decide on the plans and forms of examination.
2. Examination must ensure democracy, publicity, lawfulness, without causing problems and obstruction to routine operation of the examined subjects.
3. Upon the completion of examination, there must be clear conclusions; if errors or violations are detected, due handling must be meted out.
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1. The examination scope of the Government covers the implementation of documents of the National Assembly, the National Assembly Standing Committee, the State President, the Government and the Prime Minister in the activities of direction and administration by the State administrative system.
The Government’s Office shall assist the Government and the Prime Minister in examining the implementation of documents of the Government and the Prime Minister by all branches, localities and establishments.
2. The ministries, the ministerial-level agencies, the agencies attached to the Government and the local People’s Committees shall examine the implementation of documents within their respective State management scopes.
Article 31.- Examination modes
1. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the local People’s Committees shall decide the regular, periodical or irregular examination of the implementation of documents within their respective State management scopes.
2. The Prime Minister shall assign Government members to assume prime responsibility for examination or decide to set up delegations for examination of the implementation of documents regarding specific domains, programs or projects where exist urgent problems on order and discipline, aiming to concentrate resolute direction, create distinct improvements serving as momentum for restoration of general order and discipline.
3. The Prime Minister, the Deputy-Prime Ministers shall examine through directly working with the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities.
4. The Government shall set up examination delegations in special cases.
Article 32.- Reporting on examination results
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2. Periodically at the end of each quarter, the ministries, the ministerial-level agencies, the Government-attached agencies, the provincial/ municipal People’s Committees shall report to the Prime Minister on the situation of examining the implementation of documents in the domains or geographical areas under their respective management.
3. The Government’s Office shall make the general sum-up and report to the Government on the situation of examining the implementation of documents at the regular Government meetings in June and December.
INSPECTION, RECEPTION OF CITIZENS AND SETTLEMENT OF COMPLAINTS, DENUNCIATIONS
1. Within the scope of functions and tasks in their respective State management domains, to organize or direct the inspection of the implementation of policies, legislation and assigned tasks by responsible agencies, organizations and individuals; to redress in time the violations; to organize or direct the strict implementation of inspection conclusions and proposals as well as the directing opinions of the Prime Minister, the ministers, the heads of the ministerial-level agencies or the heads of the Government-attached agencies functioning to exercise the specialized management.
2. To link the work of settling complaints and denunciations with the work of State administrative management; to settle in time and according to law provisions complaints, denunciations which fall under their respective competence.
3. To organize the reception of citizens strictly according to the provisions of the Law on Complaints and Denunciations and the current law provisions; based on the specific situation, to arrange time to directly receive citizens at least half a day in a month; to arrange citizen-receiving officials who are fully capable and qualified to well fulfill the task; to arrange places for reception of citizens, which must be convenient, spacious and elegant, ensuring necessary material conditions for citizens to come and present their complaints, denunciations, petitions easily and smoothly.
4. To take responsibility before the Government and the Prime Minister for shortcomings in management, the occurrence of corruption, wastefulness, which cause great losses, for prolonged, acute and/or mass petitions which fall within their respective management scope but are lodged to higher levels.
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1. To assist the Prime Minister in organizing the direction of activities of inspection and examination, settlement of complaints and denunciations, which fall under the Prime Minister’s jurisdiction.
2. To settle in time and strictly according to law complaints and denunciations which fall under his/her jurisdiction as well as complaints and denunciations assigned or authorized by the Prime Minister.
3. When detecting that the final complaint-settling decisions of ministers, heads of ministerial-level agencies or presidents of provincial/municipal People’s Committees have breached laws or involved new circumstances, to request the ministers, the heads of ministerial-level agencies or the presidents of provincial/municipal People’s Committees, who have issued such decisions, to re-settle them or report thereon to the Prime Minister for consideration and decisions.
4. To directly inspect, examine, guide and urge the ministries, the ministerial-level agencies, the Government-attached agencies, the provincial/municipal People’s Committees to conduct inspections and receive citizens as provided for by law.
5. At the Government’s regular meeting in the first month of each quarter, the State Inspector General shall report on the general situation of inspection and settlement of citizens’ complaints and denunciations in the preceding quarter; propose measures for handling heads of agencies, localities or units, who show irresponsibility in settling complaints and/or denunciations or settle them in contravention of law, thus causing adverse consequences, who deliberately delay the strict execution of complaint-settling decisions which are legally effective.
For special cases, to make extraordinary reports on the situation of inspection and settlement of complaints and denunciations when so requested by the Prime Minister.
Article 35.- Responsibilities of the Minister-Director of the Government’s Office
1. To advise the Prime Minister on directing the settlement of, or settling, complaints and denunciations which fall under the Prime Minister’s jurisdiction.
2. To examine and urge the ministries, the ministerial-level agencies, the Government-attached agencies and the provincial/municipal People’s Committees in the implementation of decisions, directives and opinions of the Prime Minister in the field of inspection, citizen reception and settlement of complaints and denunciations.
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4. To receive, classify and handle written petitions, reports, complaints and denunciations sent to the Government and/or the Prime Minister.
5. When authorized by the Prime Minister, to reply the complainants, denouncers.
1. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/ municipal People’s Committees shall, within the scope of their State management functions, tasks and powers, have to closely and timely coordinate with one another in the inspection and settlement of complaints, denunciations.
2. In the settlement of complaints and denunciations, when requested by ministries, branches or localities to settle affairs or asked for opinions on matters related to the State management functions of their respective branches or localities, the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People’s Committees must heighten their responsibility to settle them and give timely replies under the provisions of law.
GUEST RECEPTION, MEETINGS, WORKING TRIPS
Article 37.- The Prime Minister, Deputy-Prime Ministers receive domestic guests
1. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities, the heads of the central bodies of mass organizations, the heads of social organizations, socio-professional organizations, central-level professional organizations, when deeming it necessary that the Prime Minister gives courtesy receptions, meets with delegations organized by their agencies, must send written proposals to the Prime Minister at least 5 working days before the estimated time for such receptions, meets.
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3. The Government’s Office has the tasks:
a) To submit to the Prime Minister the above-mentioned proposals on guest reception; to notify in time the Prime Minister’s opinions to the concerned agencies;
b) To coordinate with the concerned agencies in preparing the contents of the receptions, meets. In case of deeming it necessary, the Government’s Office, at the Prime Minister’s request, shall send official dispatches, requesting the concerned ministries and/or agencies to prepare a number of contents of the receptions, meets;
c) To decide and invite necessary news and press agencies to video-camera, photograph and report on the receptions, meets;
d) To organize service and ensure safety for the receptions, meets;
e) To coordinate with the concerned agencies in performing necessary tasks after such receptions, meets.
Article 38.- Reception of foreign guests
1. The Prime Minister, Deputy-Prime Ministers receive foreign guests:
a) Apart from receiving foreign high-level delegations on official visits, working visits, personal visits or transit as provided for in Decree No.82/2001/ND-CP of November 6, 2001, the Prime Minister or Deputy-Prime Ministers shall also have other receptions of foreign guests, including courtesy receptions, working receptions (formal or informal) at the proposals of agencies;
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c) Where guests are heads of foreign diplomatic missions, international organizations under the United Nations Organization or inter-governmental organizations and where the working contents relate external political relationships, the agencies which propose the guest receptions must exchange ideas with the Foreign Ministry and obtain the written official opinions of the Foreign Ministry;
d) Agencies, organizations and individuals proposing the Prime Minister or Deputy-Prime Ministers to receive guests shall have to coordinate with the Government’s Office in preparing contents for the reception and perform necessary work after the receptions;
e) The Government’s Office shall have the tasks:
- To submit to the Prime Minister (or Deputy-Prime Ministers) the guest reception proposals mentioned at Point b, Clause 1 of this Article and promptly notify the opinions of the Prime Minister (or Deputy-Prime Ministers) to the concerned agencies;
- To coordinate with the concerned agencies in preparing contents of the receptions;
- To organize and serve the receptions; to coordinate with the Ministry of Public Security in ensuring security for the reception;
- To invite necessary news and press agencies to make news reports on the receptions;
- To coordinate with the concerned agencies in organizing the performance of necessary work after the receptions.
f) The Foreign Ministry has the responsibility to coordinate in serving the reception, ensuring the requirements on external politics, formalities and international practices for guest reception.
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a) The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces or centrally-run cities shall decide on receptions of foreign guests, proposed in writing by attached units or other central and local agencies.
Where the reception contents involve complicated and important external matters, the Foreign Ministry or concerned agencies should be consulted with before the receptions.
In special cases where they are related to security, national defense, sensitive and complicated political and social issues, the receptions, before being effected, should be reported to the Prime Minister for his opinions.
b) After the receptions, if there appear matters which should be solved but do not fall under the jurisdiction of their respective agencies or localities, they must send documents to the competent agencies requesting the consideration and settlement; and at the same time send written reports to the Prime Minister, the Foreign Minister and heads of the concerned agencies.
1. At least once a year, the Prime Minister (or Deputy-Prime Ministers) shall meet with the leadership of each ministry, ministerial-level agency or Government-attached agency to direct and review the implementation of socio-economic development tasks of the branch as well as undertakings and policies of the Party and the State.
2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, when needing to organize entire-branch or regional review conferences with the participation of representatives of the leaderships of many central agencies, People’s Councils and/or People’s Committees of provinces or centrally-run cities, must obtain the Prime Minister’s advance agreement on the contents, participants, time and venues of the conferences.
3. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies may decide to organize meetings of officials within their branches to discuss the specialized contents or professional training.
4. All these meetings must be organized in a brief, practical and thrifty manner.
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1. At least once a year, the Prime Minister shall meet with the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities throughout the country to discuss and apply measures to implement the socio-economic development plans and the State budget, the undertakings and measures to coordinate the State management between the central and local administrations.
a) The Government’s Office shall submit to the Prime Minister for decision the contents, participants, time and venues of the meetings;
b) The reports presented at the meetings must be prepared by the concerned ministries and/or agencies under the Prime Minister’s assignment like preparing schemes to be submitted to the Government;
c) At the meetings, the scheme managers only report on summarized schemes and matters to be discussed;
d) Agencies, organizations and individuals shall have to attend the meetings strictly according to lists of invitees and voice their opinions on relevant matters;
e) After the meetings, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to organize the thorough study and deploy the implementation of relevant work in their respective localities.
2. When necessary, the Prime Minister shall summon chairmen of the People’s Councils and/or presidents of the People’s Committees of a number of provinces and/or centrally-run cities to working sessions for discussion of ways to settle matters related to such localities.
a) Under the assignment of the Prime Minister or Deputy-Prime Ministers, ministers, heads of ministerial-level agencies and/or heads of Government-attached agencies shall assume the prime responsibility and coordinate with the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities in preparing contents of reports, which fall within the scope of their respective functions, tasks and management, and submit them to the Prime Minister for consideration before the meetings are organized;
b) The reports to be presented at the meetings must be sent to delegates at least 5 working days before the meetings are organized; at the meetings, only summarized reports are presented, clearly pointing to matters to be consulted with, proposals and recommendations;
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d) After the meetings, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces or centrally-run cities shall organize the thorough study and deploy the implementation of relevant work in their respective localities.
3. Where it is necessary to settle urgent and unexpected matters, the chairmen of the People’s Councils and/or the presidents of the People’s Committees of the provinces or centrally-run cities may directly work with, report to, and ask for directing opinions of, the Prime Minister (or Deputy-Prime Ministers), if so consented by the latter.
The Government’s Office shall have to coordinate with the provincial/ municipal People’s Committees and the concerned agencies in preparing, organizing and serving such working sessions.
Article 41.- Working trips to localities
1. Under the direction of the Prime Minister or Deputy-Prime Ministers and at the requests of the provincial/municipal People’s Committee presidents, the Government’s Office shall draw up programs for the Prime Ministers and/or Deputy-Prime Ministers to pay official working visits to localities.
a) The Government’s Office shall have to coordinate with the Office of the Party Central Committee, the National Assembly’s Office and the State President’s Office in arranging suitable time for the Prime Minister and/or Deputy-Prime Ministers to pay working visits to the localities;
b) If the localities have matters to be proposed to the Government and/or the Prime Minister for handling, they must prepare reports to be submitted to the Prime Minister and concurrently to the concerned agencies at least 20 working days before the date the Prime Minister or Deputy-Prime Ministers arrive in the localities for working visits;
The contents of the working sessions with the Prime Minister, which relate any agencies, shall be prepared in written reports by such agencies upon the notification by the Government’s Office, which shall be forwarded to the Prime Minister or Deputy-Prime Ministers at least 5 working days before the trips;
c) The plans on the official working visits must be notified by the Government’s Office to the localities and relevant agencies at least 5 working days in advance;
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e) The Ministry of Public Security shall coordinate with the localities in ensuring safety for the working delegation of the Prime Minister or Deputy-Prime Ministers.
2. In unexpected and urgent cases where localities are hit by natural disasters, epidemics or unexpected accidents, which have caused heavy human and material losses, the Prime Minister shall decide the following forms:
a) Instructing branches and levels to organize the overcoming of consequences, restore production and stabilize people’s life;
b) Setting up inter-branch working delegations of the Government, appointing and delegating powers to decide on spot a number of issues to, the heads of the working delegations;
c) Personally going to or authorizing Deputy-Prime Ministers to go to the scenes and direct the prevention, avoidance and overcoming of losses.
3. The organization of working delegations of the Prime Minister to pay working visits to localities must comply with the provisions in Chapter I of the Regulation No.60/QD-TW of February 11, 2003 of the Political Bureau.
4. The Government members, the heads of the Government-attached agencies shall devote time to conducting inspections in localities, establishment and making practical surveys in order to review good models, meet with people, listen to their opinions and aspirations. Depending on the contents of each working trip, they shall organize working trips in appropriate forms, ensuring their practicality and thrift, which may be whether notified in advance or not to localities.
Article 42.- Making overseas working trips
1. The Prime Minister, Deputy-Prime Ministers make overseas working trips:
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b) The Foreign Ministry shall assume the prime responsibility and coordinate with relevant agencies in making reports on the results of the trips and propose work to be performed for submission to the Prime Minister, Deputy-Prime Ministers.
2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces or centrally-run cities, who make visits or working trips to foreign countries must comply with the following regulations:
a) Sending their official dispatches, asking for the Prime Minister’s permission, clearly stating the purposes and contents of their trips, places to visit, composition of the working delegations and the number of participants therein, the overseas stay duration, projected arising issues and orientations for settlement thereof; written opinions of the Foreign Ministry and relevant agencies (if any). These documents must be addressed to the Prime Minister, concurrently to the Foreign Ministry and relevant agencies at least 15 working days before the estimated date of departure.
b) Complying with the current regulations on decentralization of management of outbound and inbound delegations.
c) Within 7 working days at most after the end of the overseas trips, there must be written reports to the Prime Minister, concurrently to the Foreign Minister and heads of the concerned agencies, clearly stating work to be performed.
INFORMATION AND REPORTING WORK
1. General tasks: To consolidate and enhance the internal information system in order to help the agency leaderships grasp the general situation occurring daily in their whole branches, domains or localities; to effect the regime of information and report to the Prime Minister and supply information to the subordinates under their State management competence, supply information to other ministries, branches or localities; to apply information technologies to the information and reporting work.
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3. To prepare reports of the Government or the Prime Minister for submission to the leading bodies of the Party, the National Assembly, the National Assembly Standing Committee, the State President according to the Prime Minister’s assignment.
4. To regularly exchange information with relevant central and local bodies; to fulfill the obligation to supply information at the requests of other agencies or localities; to notify the Government’s Office so that it appoint officials to attend briefing sessions when necessary, meetings to make preliminary review or final review of work of their respective agencies, localities.
5. To update into the Government’s wide-range informatic network the reports, information on administration, working programs and information on daily activities of the agency leaders, legal documents promulgated by their agencies, except for contents classified as State secrets.
6. Apart from the tasks mentioned in Clauses 1, 2, 3, 4 and 5 of this Article, Vietnam News Agency shall, together with the Foreign Ministry, regularly supply external information and make daily reviews of news reports on foreign press and send them to the Prime Minister and other members of the Government.
Article 44.- Reports at Government meetings
1. The Minister of Planning and Investment shall present general reports on socio-economic situation and propose measures to direct and administer the performance of plan tasks at the Government’s regular meetings.
2. The State Inspector General shall present reports on the work of preventing and fighting corruption, on situation of inspection and settlement of citizens’ complaints and denunciations (quarterly, biannual, annual).
3. The Minister-Director of the Government’s Office shall read reports, reviewing the direction and administration of the Government, the Prime Minister and the situation of implementation of the Government’s Working Regulation (biannual, annual).
4. Other reports as directed by the Prime Minister.
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Apart from the tasks prescribed for other ministers, the Minister-Director of the Government’s Office must also perform the following tasks:
1. To organize the daily supply of information for the Prime Minister and Deputy-Prime Ministers on matters being settled by the Prime Minister or Deputy-Prime Ministers; on important issues submitted to the Prime Minister by central and local bodies and a number of socio-economic, security, defense and external information as well as on prominent international situation in the day.
2. To organize daily press reviews for submission to the Prime Minister and Deputy-Prime Ministers, to notify the directing opinions of the Prime Minister and Deputy-Prime Ministers on handling of matters raised in the press to the relevant agencies and monitor and report on the implementation thereof to the Prime Minister, Deputy-Prime Ministers.
3. To make fortnightly sum-up reports on activities of the Prime Minister and Deputy-Prime Ministers and send them to leaders of a number of high-level bodies of the Party and the State.
4. To make monthly sum-up reports on the direction and administration of the Government, the Prime Minister and on the prominent socio-economic situation for sending to the Government members, the heads of the Government-attached agencies, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces or centrally-run cities and the leaders of a number of other agencies of the Party and the State, Vietnam Fatherland Front Central Committee and central bodies of mass organizations.
5. To exchange information and participate in weekly briefings with the Office of the Party Central Committee, the Office of the State President, the Office of the National Assembly and Commissions of the Party Central Committees.
6. To guide, monitor and urge agencies in the observance of the information and reporting regime and organize the exploitation of such information in service of the direction and administration of the Government, the Prime Minister.
7. When necessary, the Minister-Director of the Government’s Office shall convene conferences of the directors of the Offices of the ministries, ministerial-level agencies, Government-attached agencies, the provincial/ municipal People’s Committees to review the observance of the information and reporting regime and the performance of other works related to the organization and service of the direction and administration of the Government, the Prime Minister.
Article 46.- Informing people of the operations of the State administrative apparatus
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2. The Minister-Director of the Government’s Office or the Prime Minister’s spokesman shall organize press conferences to brief the press agencies and people on important policies and decisions of the Government, the Prime Minister.
3. The Minister-Director of the Government’s Office shall regularly supply information to the press and people in various forms on activities of the Government, the Prime Minister; inform them of the contents of important legal documents already promulgated and the implementation of undertakings, policies and legislation of the State in the past period.
4. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/ municipal People’s Committees shall have the tasks:
a) To maintain regular contacts with, and create favorable conditions for, the mass media agencies in timely providing accurate information on incidents having occurred in their respective branches, domains or localities;
b) To organize quarterly press conferences, press briefings before or after the promulgation of important documents, upon the implementation of big policies of the Party and the State; upon the occurrence of other noteworthy events. The quarterly press conferences require no permission of the Culture- Information Offices;
c) To organize the posting up and free distribution of documents and/or stipulations related to citizens’ interests and obligations;
d) To regularly make press reviews and answers on the press at the requests of press agencies or at the request of the Prime Minister; to request the press agencies which have published, broadcast news reports and/or articles with untruthful, distorted or slanderous contents to make corrections or exercise the right to initiate lawsuits at court according to the provisions of law;
e) To enhance the management of information and press work and map out regulations on the supply of information of their respective agencies and localities; not to disclose information classified as State secrets.
5. The chairmen of the People’s Councils and the presidents of the People’s Committees of all levels, the heads of the State agencies or organizations, mass organizations must publicize the situation on collection and use of funds formulated through mobilization of people’s contributions (outside the obligation to pay taxes to the State) in appropriate forms; publish them on provincial/municipal newspapers, branches’ papers, on local television and radio stations... Upon detection of signs of corruption or wrong and wasteful use of funds, the contributors, the representatives of mass organizations and domestic press reporters are entitled to request the managers and heads of the agencies, who have decided the mobilization of contributions, to fully supply and explain such data.
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Article 47.- External information
1. The Foreign Minister shall assume the prime responsibility and coordinate with the concerned central and local agencies in organizing regular briefings on the country’s situation to foreign press in Vietnam.
2. The Foreign Minister shall assume the prime responsibility and coordinate with the Minister-Director of the Government’s Office, the Minister of Culture and Information or the Prime Minister’s spokesman in organizing press conferences to inform the socio-economic situation and activities of the Government, the Prime Minister to foreign press agencies.
3. The Minister-Director of the Government’s Office shall assume the prime responsibility and coordinate with the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and/or the presidents of the provincial/municipal People’s Committees in applying appropriate forms, including the Government’s website on Internet, to expanding overseas the information on the all-sided situation of the country.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1 Decree No. 11/1998/ND-CP of January 24, 1998, promulgating the working regulation of the Government
- 2 Decree No. 179/2007/ND-CP of December 3, 2007, promulgating the governments working regulation
- 3 Decree of Government No. 144/2005/ND-CP of November 16th, 2005, stipulations on the coordination among state administrative agencies in developing and verifying the implementation of policies, strategies, planning and plans
- 4 Decree of Government No. 144/2005/ND-CP of November 16th, 2005, stipulations on the coordination among state administrative agencies in developing and verifying the implementation of policies, strategies, planning and plans
- 1 Resolution No. 03/2006/NQ-CP of March 02, 2006 on the Government''s February 2006 regular meeting, promulgated by the Government
- 2 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
- 3 Decree no. 82/2001/ND-CP of November 06, 2001 on the state ceremonies and the reception of foreign guests
- 4 Law No. 09/1998/QH10 of December 02, 1998 on complaints and denunciations
- 5 Law No. 52-L/CTN of Novermber 12 ,1996, on the promulgation of legal documents