Vietnam: Will the local authorities ask the Prime Minister's opinion on solving complex and unexpected problems beyond the ability to solve?
- How long will it take for the draft to be considered and decided?
- What to do when implementing the process of handling projects, documents and other proposals submitted to the Government or the Prime Minister of Vietnam?
- How to handle unexpected and complicated problems that cannot be solved by local authorities?
How long will it take for the draft to be considered and decided?
Pursuant to Article 15 of the Regulation promulgated together with Decree 39/2022/ND-CP of Vietnam stipulating as follows:
“Article 15. Process of handling draft legal documents
Comply with the law on promulgation of legal documents and the following provisions:
1. For a draft document with complete dossiers, procedures and conditions for submission and no further opinions, within 05 working days for documents submitted to the Standing Government, the Prime Minister and 07 date for the document submitted to the Government, the Government Office for verification on the process, procedures, handling competence and general advice on the content (hereinafter referred to as the verification opinion), submit it to the Prime Minister, the Deputy Prime Minister for consideration and decision.
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6. For a draft document to be discussed and voted on at a Government meeting, right after the meeting ends, based on the Government's resolution, the drafting agency shall assume the prime responsibility and coordinate with the Government Office. The Government and relevant agencies shall receive and explain the opinions of the Government members, finalize the draft and submit it to the Prime Minister for consideration and decision.
7. Within 01 working day from the date the Prime Minister or Deputy Prime Minister signs the document, the Government Office shall issue and publicize it on the Government Portal as prescribed.”
Thus, for a draft with complete dossiers and no differing opinions, within 5 working days for the document to be submitted to the Standing Government, the Prime Minister and 07 days for the document to be submitted to the Government of Vietnam, the Government Office will verify the process, procedures, etc. and submit to the Prime Minister, Deputy Prime Minister for consideration and decision.
Vietnam: Will the local authorities ask the Prime Minister's opinion on solving complex and unexpected problems beyond the ability to solve? (Image from the internet)
What to do when implementing the process of handling projects, documents and other proposals submitted to the Government or the Prime Minister of Vietnam?
Pursuant to Article 16 of the Regulation promulgated together with Decree 39/2022/ND-CP of Vietnam stipulating as follows:
“Article 16. Process of handling projects, documents, reports and other proposals submitted to the Government or Prime Minister
1. For dossiers, documents, reports and writings submitted in full, in accordance with the right process and procedures, within the handling competence, within 03 working days from the date of receipt of the dossiers, the Government Office shall opinions and submit them to the Prime Minister and Deputy Prime Minister for consideration and decision.
2. For dossiers, documents, reports, documents submitted are incomplete, not in accordance with the process and procedures, not within the handling competence of the Government, the Standing Government, the Prime Minister or have not been implemented. If the application specified at point d, clause 3, Article 8 of this Regulation is implemented, within 03 working days, the Government Office shall return the dossier and clearly state the reason or transfer the dossier to a competent agency for settlement, and at the same time send agencies submit to know, coordinate.
3. For dossiers submitted according to the correct process, procedures and competence, but the Government Office considers it necessary to obtain additional opinions from relevant agencies, within 03 working days from the date of receipt of the dossiers, the Government Office shall handle as follows:
a) Send a written request for comments from relevant agencies, clearly stating the time limit for reply. Within 03 working days after the expiration of the time limit for opinion collection, the Government Office shall handle and submit to the Prime Minister and Deputy Prime Minister for consideration and decision;
b) Where necessary, the Government Office shall preside over meetings with relevant agencies to clarify the contents before submitting them to the Prime Minister or Deputy Prime Minister. After the meeting ends, but within 03 working days, the submitting agency must coordinate with the Government Office to complete the dossier and submit it to the Prime Minister and Deputy Prime Minister for consideration and decision.
4. The Prime Minister, the Deputy Prime Minister shall process the submitted documents and give comments on the work settlement sheet within 03 working days from the date of submission by the Government Office, except for special cases.
5. The further settlement process for issues falling under the Government's competence shall comply with the provisions of Clauses 5 and 6, Article 15 of this Regulation.
6. Within 01 working day from the date on which the Prime Minister or Deputy Prime Minister signs the document or gives opinions on the settlement of the work, the Government Office shall issue the document according to regulations.
7. For processes related to administrative procedures that have been carried out according to specialized laws, the time for settlement shall not exceed the time prescribed by specialized laws.”
According to that, the process of handling projects, documents, reports and other proposals submitted to the Government or Prime Minister shall comply with the above provisions.
How to handle unexpected and complicated problems that cannot be solved by local authorities?
Pursuant to Article 17 of the Regulation promulgated together with Decree 39/2022/ND-CP of Vietnam stipulating as follows:
“Article 17. Handling procedures for jobs directly directed by the Prime Minister or Deputy Prime Minister or proposed by the Government Office
1. In case the ministries, agencies and localities do not have dossiers to submit but the Prime Minister and Deputy Prime Minister have direct opinions, the Government Office shall have to advise and propose handling.
2. For unexpected, sensitive, difficult and complicated issues that arise beyond the ability of ministries, agencies and localities to solve, they shall report directly to the Prime Minister and Deputy Prime Ministers in charge; In case there is no report or proposal, the Government Office proactively grasps the situation, advises, proposes and reports to the Prime Minister and Deputy Prime Minister for consideration and direction.
3. For matters falling under the Government's jurisdiction, the Prime Minister:
a) The Government Office shall report to the Prime Minister and Deputy Prime Minister in charge of their knowledge, and at the same time actively discuss directly or send a written request to relevant ministries, agencies and localities to summarize. , propose and submit to the Prime Minister and Deputy Prime Minister for consideration and decision;
b) In case the contents are important and complicated, related to mechanisms and policies, the Government Office shall propose the Prime Minister or Deputy Prime Minister to assign ministries and specialized agencies to report or develop project submitted to the Prime Minister.”
According to the above regulations, for unexpected, sensitive, difficult and complicated issues beyond the ability of local authorities, they should report directly to the Prime Minister for opinions.
Nguyễn Thị Hồng Nhung
