Regulations on working regime of the Government in Vietnam

Regulations on working regime of the Government in Vietnam (Internet image)

1. Organizational structure and members of the Government in Vietnam

Article 2 of the Law on Government Organization 2015 stipulates the organizational structure and members of the Government as follows:

- The Government shall be composed of the Prime Minister, Deputy Prime Ministers, Ministers and Heads of Ministry-levels. The structure and number of Government members shall be submitted by the Prime Minister to the National Assembly for decision.

- The organizational structure of the Government shall be composed of Ministries and ministerial-level agencies.

Request for the National Assembly's decision on establishment or dissolution of a Ministry or ministerial-level agency shall be submitted by the Government.

2. Tenure of the Government in Vietnam

Article 3 of the Law on Government Organization 2015 stipulates the tenure of the Governmentas follows:

Tenure of the Government shall coincide with that of the National Assembly. When tenure of the National Assembly ends, the Government shall continue to perform its duties until the new Government is established by the newly-elected National Assembly.

3. Regulations on the Prime Minister of Vietnam

Article 4 of the Law on Government Organization 2015 stipulates the Prime Minister of Vietnam as follows:

- The Prime Minister shall be chosen by the deputies of the National Assembly upon the request of the President.

- The Prime Minister is the head of the Government and the State administrative system.

4. Principles of organization and operation of the Government in Vietnam

Article 5 of the Law on Government Organization 2015 stipulates the principles of organization and operation of the Government as follows:

- Comply with the Constitution and legislation, and rule over society by the Constitution and legislation, and implement the principle of democratic concentration; ensure the sexual equality.

- Clearly distinguish between duties, powers and responsibilities of the Government and the Prime Minister and those of Ministers and Heads of Ministry-level agencies, and functions and governing scope of Ministries and Ministry-level agencies; enhance personal responsibilities of heads.

- Set up the administrative machinery of government in a lean, dynamic, efficacious and efficient manner; guarantee to adhere to the principle that inferior government agencies should submit to the leadership, directions and strictly comply with decisions of superior government agencies.

- Properly delegate and decentralize governing powers between the Government and local governments, and assure the consistent management power of the Government and promote initiative, creativity and responsible autonomy of local governments.

- Clarify and modernize operations of the Government, Ministries, Ministry-level agencies and state administrative organs at all levels; ensure that the administrative system has the consistency, transparency, continuity, democracy and modernity, serves the people and is subject to the people’s inspection and supervision.

5. Working regime of the Government and each cabinet member in Vietnam

Article 43 of the Law on Government Organization 2015 stipulates the working regime of the Government and each cabinet member as follows:

The working regime of the Government and each cabinet member shall adhere to the principle of combining collective powers and responsibilities of the Government with sole powers and responsibilities of the Prime Minister and each cabinet member.

The Government shall work under the collective working regime and the majority rule.

6. Forms of the Government’s operations in Vietnam

Article 44 of the Law on Government Organization 2015 stipulates the forms of the Government’s operations as follows:

- The Government shall convene the regular meeting session once a month or the unscheduled meeting under the Prime Minister's decision or as requested by the President of Vietnam or at least one thirds of total cabinet members.

- In case the Government does not convene the meeting, the Prime Minister shall decide to ask for written opinions from its members.

- The Government shall convene the meeting as requested by the President of Vietnam to discuss issues that the President of Vietnam finds it necessary to perform duties and powers of the President.

7. Responsibilities of cabinet members for attending meeting sessions in Vietnam

Article 45 of the Law on Government Organization 2015 stipulates the responsibilities of members to attend meetings of the Government as follows:

- Cabinet members shall be responsible for attending the Government’s meeting sessions. If they are absent from meetings or in some time of the meeting, they must ask for a leave of absence from the Government.

The Prime Minister can offer a leave of absence to cabinet members and request them to send their deputies to attend the meeting.

- When necessary, the Heads of Government agencies or the Presidents of the provincial People’s Committee shall be invited to attend the Government’s meeting sessions.

- Participants in the Government’s meetings who are not cabinet members shall have the rights to voice their opinions but shall not have the right to vote.

8. Meeting sessions of the Government in Vietnam

The meeting sessions of the Government is prescribed in Article 46 of the Law on Government Organization 2015 as follows:

- The Government’s meeting shall proceed only if two thirds of total cabinet members attend.

- Contents of the Government’s meeting shall be approved by the Government and made known to cabinet members.

- The Government's decisions must obtain more than half of cabinet members voting in favor. In case the vote is equal, the Prime Minister shall have the deciding vote.

9. Composition of participants in the Government’s meeting sessions in Vietnam

Article 47 of the Law on Government Organization 2015 stipulates that the members invited to attend the Government's meeting are as follows:

- The President of Vietnam shall be vested with the right to attend the Government’s meeting sessions.

- The Government shall invite the Chairperson of the Ethnic Council to attend the Government’s meeting sessions if the meeting is about the implementation of the ethnic policies. When issuing regulations on implementation of ethnic policies, the Government shall confer with the Ethnic Council.

- The Government shall invite the Chairperson of the Vietnam Fatherland Front Committee and heads of central organs of socio-political organizations to attend the Government’s meetings about relevant issues.

10. Operating budget of the Government in Vietnam

Pursuant to Article 48 of the Law on Government Organization 2015 stipulates the operating budget of the Government as follows:

The Government’s operating budget shall be funded by the state budget after the National Assembly makes its decision on this.

Ngoc Nhi

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