Can the Prime Minister of the Government of Vietnam handle the tasks assigned and delegated to the Deputy Prime Ministers and Ministers?
Are the tasks assigned or authorized to the Deputy Prime Minister of the Government of Vietnam or the Minister handled by the Prime Minister of the Government of Vietnam?
Based on Article 5 of the Regulations issued with Decree 39/2022/ND-CP, it is stipulated as follows:
“Article 5. Responsibilities, scope, and methods of handling tasks of the Prime Minister of the Government of Vietnam
1. The Prime Minister of the Government of Vietnam is responsible for fully performing the duties and powers as prescribed by the Constitution and the law; leads the work of the Government of Vietnam; directs, coordinates, and cooperates activities among the members of the Government of Vietnam; leads, directs, and inspects the activities of ministries, agencies, and localities; directly leads and manages important and strategic tasks in fields under the duties and powers of the Government of Vietnam.
The Prime Minister of the Government of Vietnam does not handle tasks that have been assigned or authorized to the Deputy Prime Minister of the Government of Vietnam, the Minister, or the head of an agency equivalent to the ministry; except in exceptional cases as stipulated at point g, clause 2 of this Article.
2. Methods of handling tasks of the Prime Minister of the Government of Vietnam:
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g) In cases deemed absolutely necessary due to the urgent, complex, and sensitive nature of the task, the Prime Minister of the Government of Vietnam directly directs the handling of tasks that have been assigned or authorized to the Deputy Prime Minister of the Government of Vietnam, the Minister, the head of an agency equivalent to the ministry, or tasks under the authority of the Minister, the head of an agency under the Government of Vietnam, the Chairperson of the Provincial People's Committee. The Office of the Government of Vietnam is responsible for notifying the assigned or authorized person or the person responsible for handling the task about this;
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o) When the Deputy Prime Minister of the Government of Vietnam is absent, the Prime Minister of the Government of Vietnam directly directs the handling of tasks or assigns another Deputy Prime Minister of the Government of Vietnam to direct the handling of tasks assigned to the absent Deputy Prime Minister of the Government of Vietnam;
p) Goes on business trips; inspects and urges the implementation of tasks at ministries, agencies, and localities; explains and answers questions from members of the National Assembly; responds to voters' petitions; holds press conferences; receives citizens and uses other methods.”
If tasks have been assigned or authorized to the Deputy Prime Minister of the Government of Vietnam, the Minister, or the head of an agency equivalent to the ministry, the Prime Minister of the Government of Vietnam will not handle them. Only in necessary cases due to urgency, complexity, etc., as stipulated, the Prime Minister of the Government of Vietnam will handle them.
Prime Minister of the Government of Vietnam handling tasks assigned or authorized to the Deputy Prime Minister, Minister (Image from the Internet)
Does the Deputy Prime Minister of the Government of Vietnam have full authority to decide on assigned or authorized tasks?
Based on Article 6 of the Regulations issued with Decree 39/2022/ND-CP, it is stipulated as follows:
“Article 6. Responsibilities, scope, and methods of handling tasks of the Deputy Prime Minister of the Government of Vietnam
1. Responsibilities and scope of handling tasks of the Deputy Prime Minister of the Government of Vietnam:
a) The Deputy Prime Minister of the Government of Vietnam assists the Prime Minister of the Government of Vietnam in performing the duties of the Prime Minister of the Government of Vietnam in the fields, regions of work, and within the scope of powers assigned or authorized by the Prime Minister of the Government of Vietnam;
b) Within the assigned or authorized fields and tasks, the Deputy Prime Minister of the Government of Vietnam, on behalf of the Prime Minister of the Government of Vietnam, has full authority to decide and is directly and comprehensively responsible before the law, the Prime Minister of the Government of Vietnam for their decisions and the tasks, fields, and agencies they are assigned to oversee, ensure progress, quality, effectiveness, and prevent negative phenomena and corruption in task handling;
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2. Methods of handling tasks of the Deputy Prime Minister of the Government of Vietnam:
a) Directly providing instructions to handle tasks on submitted files, reports, and petitions from ministries, agencies, localities, organizations, and individuals; based on this, the Office of the Government of Vietnam handles and completes the files as stipulated;
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g) Assigning the Minister, Chief of the Office of the Government of Vietnam to preside over meetings, work with the Minister, heads or leaders of ministries, agencies, localities, organizations, and individuals involved to handle unclear issues or different opinions among ministries and agencies before submitting to the responsible Deputy Prime Minister of the Government of Vietnam for decision;
h) Other methods as stipulated at point p, clause 2, Article 5 of this Regulation.”
The Deputy Prime Minister of the Government of Vietnam will have the responsibilities and scope of handling tasks as prescribed above. The Deputy Prime Minister of the Government of Vietnam will have full authority to decide and be directly responsible for their decisions within the scope of the assigned or authorized fields and tasks.
How do members of the Government of Vietnam handle their tasks?
Based on Article 7 of the Regulations issued with Decree 39/2022/ND-CP, it is stipulated as follows:
“Article 7. Responsibilities, scope, and methods of handling tasks of members of the Government of Vietnam who are Ministers and heads of agencies equivalent to the ministry
1. Members of the Government of Vietnam fully perform the duties and powers prescribed in the Constitution and the law; are responsible for proactively and effectively participating in solving the common tasks of the Government of Vietnam collectively; along with the Government of Vietnam collectively decide and bear responsibility for matters under the duties and powers of the Government of Vietnam as prescribed; are responsible for reviewing, considering thoroughly, and submitting Government projects, schemes, drafts, reports to the competent authority and effectively carrying out other tasks assigned or authorized by the Prime Minister of the Government of Vietnam, the Deputy Prime Minister of the Government of Vietnam.
2. Methods of handling tasks of members of the Government of Vietnam:
a) Proactively, positively, and promptly propose to the Government of Vietnam, the Prime Minister of the Government of Vietnam, the Deputy Prime Minister of the Government of Vietnam the practical issues, policies, mechanisms, legal documents that need to be amended, supplemented, issued, the pilot implementation of mechanisms, policies on new issues not yet regulated under the authority of the Government of Vietnam, the Prime Minister of the Government of Vietnam;
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e) Other methods as stipulated at point p, clause 2, Article 5 of this Regulation;
g) Each member of the Government of Vietnam is provided with accounts on the information and data systems of the Government of Vietnam to receive, send documents for meetings, exchange opinions, handle tasks, or exploit information, data to serve the work of directing and managing according to their authority.”
Members of the Government of Vietnam who are Ministers and heads of agencies equivalent to the ministry will handle their tasks according to the prescribed regulations above.
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