The Law on the Organization of the Government of Vietnam was passed by the 13th National Assembly, during its 9th session on June 19, 2015, and came into effect on January 1, 2016. Compared to the existing regulations, the Law on the Organization of the Government of Vietnam includes numerous changes, and this article seeks to introduce to readers the important new features of this law.
Article table of contents
Principles of Organization and Activities of the Government of Vietnam
Compared to the provisions in the current Law on the Organization of the Government of Vietnam, the new law clearly delineates the duties, powers, and responsibilities among the Government of Vietnam, the Prime Minister of the Government of Vietnam, and ministers, heads of ministry-level agencies. Specifically, Article 5 of this law stipulates as follows:
Compliance with the Constitution and the law, managing society by the Constitution and the law, exercising the principle of democratic centralism; ensuring gender equality. Clearly delineating duties, powers, and responsibilities among the Government of Vietnam, the Prime Minister of the Government of Vietnam, and ministers, heads of ministry-level agencies, and the functions and management scope among ministries and ministry-level agencies; emphasizing the personal responsibility of the leader. Organizing a streamlined, dynamic, effective, and efficient administrative machinery, ensuring that lower-level agencies adhere to the leadership, guidance, and strictly comply with decisions from higher-level agencies. Rational decentralization and delegation of power between the Government of Vietnam and local governments, ensuring the unified management rights of the Government of Vietnam, and promoting the initiative, creativity, and self-responsibility of local governments. Transparency and modernization of the activities of the Government of Vietnam, ministries, ministry-level agencies, and state administrative agencies at all levels; ensuring the implementation of a unified, smooth, continuous, democratic, and modern administration that serves the people and is subject to the inspection and supervision of the people.
Additional Powers and Responsibilities of the Government of Vietnam
Regarding the powers and responsibilities of the Government of Vietnam, the new law supplements the following provisions: Issuing promptly and fully legal documents to implement the Constitution, law, and resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President, and to perform assigned duties and powers; ensuring the constitutionality, legality, and unity of legal documents of the Government of Vietnam, the Prime Minister of the Government of Vietnam, ministers, heads of ministry-level agencies, and local governments; inspecting the implementation of those documents and handling documents contrary to the Constitution and the law.
Deciding measures to implement the Constitution, law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President; directing and inspecting the implementation of resolutions, decrees, and work programs of the Government of Vietnam. Leading and directing propaganda, dissemination, and education of the Constitution and the law; ensuring conditions for material facilities, human resources, and other resources to enforce the Constitution and the law; uniformly managing judicial administrative work, judicial support, state compensation, and enforcement of judgments. Compiling and assessing the situation of enforcing the Constitution and the law and reporting to the National Assembly, the Standing Committee of the National Assembly, and the President as prescribed by law.
Relations between the Government of Vietnam and the Vietnam Fatherland Front
According to Article 26 of this law, the relationship between the Government of Vietnam and the Central Committee of the Vietnam Fatherland Front and socio-political organizations is stipulated as follows: The Government of Vietnam cooperates with the Central Committee of the Vietnam Fatherland Front and central agencies of socio-political organizations in performing its duties and powers. The Government of Vietnam and the Central Committee of the Vietnam Fatherland Front, central agencies of socio-political organizations, build regulations on work coordination.
When drafting laws and resolutions to submit to the National Assembly, drafting ordinances, and resolutions to submit to the Standing Committee of the National Assembly, and drafting decrees of the Government of Vietnam, the Government of Vietnam sends the drafts to the Central Committee of the Vietnam Fatherland Front and the central agencies of relevant socio-political organizations for their opinions. The Government of Vietnam regularly informs the Central Committee of the Vietnam Fatherland Front and central agencies of socio-political organizations about the socio-economic situation and important decisions, policies of the Government of Vietnam concerning many social groups.
The Government of Vietnam facilitates the Central Committee of the Vietnam Fatherland Front and central agencies of socio-political organizations in propagating and disseminating the law among the people, motivating and organizing the people to participate in building and strengthening the people's government, organizing the implementation of guidelines, policies, and laws of the State, and supervising the activities of state agencies, elected representatives, officials, and public employees. The Government of Vietnam is responsible for studying, resolving, and responding to the recommendations of the Central Committee of the Vietnam Fatherland Front and central agencies of socio-political organizations.
Source: Binh Phuoc Online
