Law on Organization of the Government of Vietnam (amended) expected to be submitted to the National Assembly in February 2025

Law on Organization of the Government of Vietnam (amended) expected to be submitted to the National Assembly in February 2025​ (Image from the internet)

On January 18, 2025, the Government of Vietnam issued Resolution 14/NQ-CP concerning the thematic legal construction session in January 2025.

Law on Organization of the Government of Vietnam (amended) expected to be submitted to the National Assembly in February 2025

According to Resolution 14/NQ-CP 2025 regarding the draft Law on the Organization of the Government of Vietnam (amended), the Government of Vietnam highly appreciates the Ministry of Home Affairs for being proactive in leading and cooperating with relevant ministries and agencies to complete the draft Law on the Organization of the Government of Vietnam (amended). It agrees on the necessity of constructing the Law to create a legal framework for the consolidation of the organizational structure of the Government of Vietnam, innovating, organizing the state administrative machinery in a "streamlined - compact - powerful - efficient - effective" manner, meeting the requirements of building and perfecting the socialist rule-of-law state of Vietnam in the new situation.

The Ministry of Home Affairs is tasked with researching and maximally incorporating feedback from members of the Government of Vietnam, opinions from ministries and relevant agencies, completing the legislative project dossier to meet the following requirements:

- The legislative project needs to focus on resolving relationships harmoniously, reasonably, effectively, clearly, and specifically among the organs of the Government of Vietnam, including the Government of Vietnam, the Prime Minister of the Government of Vietnam, the Ministers, the Heads of Agencies with Ministerial Rank, the ministries, and agencies with ministerial rank; among the organs of the Government of Vietnam with central bodies such as the National Assembly, the Central Committee of the Vietnam Fatherland Front, the Supreme People's Court, the Supreme People's Procuracy, and between the organs of the Government of Vietnam and local governments.

- Thoroughly review and institutionalize the guiding principles of the Communist Party, complete the regulations on the duties and powers of the Government of Vietnam, and the Prime Minister of the Government of Vietnam, ensuring comprehensive, cohesive coverage, accurately reflecting the position and function of the Government of Vietnam, and the Prime Minister of the Government of Vietnam as stipulated in the Constitution.

- Decentralization and delegation must be associated with ensuring resources, emphasizing the responsibility of leaders, and strengthening inspection and supervision of implementation, wherein it is important to clearly define non-decentralized duties and powers and those to be strengthened for decentralization or delegation. At the same time, provide principled regulations on decentralization, delegation as a legal basis for the Government of Vietnam to make decisions suitable to practical conditions.

The Ministry of Home Affairs will lead and cooperate with the Ministry of Justice, the Office of the Government of Vietnam, and related ministries, agencies to urgently study and fully incorporate feedback from members of the Government of Vietnam at the session to revise and finalize the draft Law on the Organization of the Government of Vietnam (amended). Concurrently, continue to complete the legislative project dossier and carry out the process and procedures as stipulated by the Law on the Promulgation of Legal Normative Documents to solicit opinions from members of the Government of Vietnam, ensuring quality, progress, and promptly submit to the National Assembly at the extraordinary session 9th, February 2025.

More details can be found in Resolution 14/NQ-CP dated January 18, 2025.

Basic content of the Draft Law on the Organization of the Government of Vietnam (amended)

According to the draft Law on the Organization of the Government of Vietnam (amended), the following basic contents are stipulated:

(1) Scope of regulation

The draft Law adds a new article that specifies the scope of regulation of the Law. This article stipulates the contents covered in the draft Law. Adding this article is compliant with the Law on the Promulgation of Legal Normative Documents and is consistent with the majority of existing laws.

(2) Principles of organization and operation of the Government of Vietnam: Essentially inherit the principles stipulated in Article 5 of the current Law on the Organization of the Government of Vietnam.

(3) Duties and powers of the Government of Vietnam

The draft law has categorized the duties of the Government of Vietnam into specific groups: (1) Duties the Government of Vietnam submits to the National Assembly; (2) Duties the Government of Vietnam submits to the Standing Committee of the National Assembly; (3) Duties the Government of Vietnam enacts the Constitution, laws, resolutions of the National Assembly; ordinances, resolutions of the Standing Committee of the National Assembly; orders, decisions of the President; (4) Duties centralized management at the central level, not decentralized to local governments (including: Defense, security, diplomacy, currency, taxation, customs); (5) Duties the Government of Vietnam carries out uniformly in delegation and decentralization to suit the abilities, conditions, capacities, and characteristics of each entity.

At the same time, propose to add specific duties under the executive power of the Government of Vietnam but not yet clearly defined in current laws or are regulated in other laws now proposed to be transferred to the Government of Vietnam in accordance with the spirit of the 2013 Constitution.

For example: The powers of the Government of Vietnam in unusual situations, but not to the extent of declaring a state of emergency (such as during the Covid-19 pandemic).

These contents need to be clearly stipulated in the Law so that the Government of Vietnam has the tools and means to direct and operate in accordance with the law. Clearly define certain powers of the Government of Vietnam in assignment, coordination, and oversight of power between the Government of Vietnam and the legislative body and with the judiciary.

(4) Duties, powers of the Prime Minister of the Government:

The draft Law is designed in such a way to demarcate and categorize the groups of duties: (1) Duties the Prime Minister of the Government of Vietnam submits to the National Assembly; (2) Duties the Prime Minister of the Government of Vietnam submits to the Standing Committee of the National Assembly; (3) Duties the Prime Minister of the Government of Vietnam submits to the President; (4) Duties of the Prime Minister of the Government of Vietnam in leading, directing, and operating the Government of Vietnam.

Proactively researching and proposing the transfer of certain state management duties and powers over sectors and fields currently assigned to the Prime Minister of the Government of Vietnam to Ministers and Heads of Agencies with Ministerial Rank, ensuring to enhance the responsibility of the leaders of ministries, Agencies with Ministerial Rank, in the spirit of promoting the Prime Minister's decentralization (important, cross-sectoral issues currently assigned to the Prime Minister of the Government of Vietnam will be transferred to the Government of Vietnam for unified management).

(5) Responsibilities of the Prime Minister of the Government of Vietnam

Add and clearly stipulate the responsibility of the Prime Minister of the Government of Vietnam as the head of the Government of Vietnam, representing the Government of Vietnam to report on the work of the Government of Vietnam, the Prime Minister of the Government of Vietnam to the National Assembly, the Standing Committee of the National Assembly, and the President.

Add and clearly stipulate the responsibility of the Prime Minister of the Government of Vietnam as a member of the Government of Vietnam with the responsibility to explain and answer questions from National Assembly delegates.

Add regulations that allow the Prime Minister of the Government of Vietnam to represent the Government of Vietnam or authorize members of the Government of Vietnam to sign documents of the Government of Vietnam.

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