Responsibilities and scope of work of the Ministers and Heads of Ministry-levels in Vietnam

Responsibilities and scope of work of the Ministers and Heads of Ministry-levels in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Responsibilities and scope of work of the Ministers and Heads of Ministry-levels in Vietnam

The responsibilities and scope of work of the Ministers and Heads of Ministry-levels are defined in Article 3 of Decision 337/2005/QD-TTg as follows:

- The Ministers and Heads of Ministry-levels (hereinafter referred to as the Minister) are responsible for:

+ Directing and managing the Ministry in implementing its functions, tasks, and powers in accordance with the provisions of the Constitution, the Law on the Organization of the Government, government decrees on the functions, tasks, powers, and organizational structure of the Ministry, Extra-Ministerial Agencies, government agencies, and relevant legal documents.

+ Assigning tasks to Deputy Ministers and Deputy Heads of Ministry-levels (hereinafter referred to as Deputy Ministers); delegating authority to provincial People's Committees to handle certain tasks within the scope of the Ministry's management; authorizing the heads of agencies and units under the Ministry to carry out specific tasks within the framework of the law; proactively coordinating with other ministries and agencies to address issues related to the Ministry's tasks or issues assigned by the Government or the Prime Minister.

+ Directing the guidance, inspection, and examination of the activities of ministries, sectors, provincial People's Committees, local specialized agencies, and agencies and units under the Ministry in implementing the law and the assigned and delegated tasks in the state management field of the Ministry and sector.

+ Signing documents within the jurisdiction of the Minister.

- Scope of work of the Minister

+ Tasks within the jurisdiction prescribed in the Constitution, the Law on the Organization of the Government, the Government's working regulations, relevant legal documents, and tasks specified in Clause 1 of Article 3 of Decision 337/2005/QD-TTg.

+ Tasks assigned or delegated by the Government or the Prime Minister.

+ Directly handling some tasks that have been assigned to Deputy Ministers but are deemed necessary due to the urgency or importance of the issues, or when the Deputy Ministers are absent; issues related to two or more Deputy Ministers with differing opinions.

+ Assigning a Deputy Minister to be responsible for the day-to-day tasks and assisting the Minister in managing the overall work of the Ministry.

- Matters requiring collective discussion by the leadership of the Ministry (Minister, Deputy Ministers) before the Minister's decision:

+ Strategies, plans, and development of the sector.

+ Annual work programs, plans for drafting legal normative documents, and long-term plans of the sector; draft legal normative documents to be submitted to the Government or the Standing Committee of the National Assembly for decision.

+ Sector's plans for implementing important Party and State policies and important legal normative documents issued by higher levels.

+ Key programs and projects in the sector.

+ Allocation and adjustment of annual investment capital sources.

+ Organizational work and human resources of the Ministry as prescribed.

+ Annual reports on the overall implementation of the State plans and evaluation of the Ministry's leadership and management.

+ Issues related to the signing and participation in international treaties and plans for implementing commitments to ensure international integration.

+ Other issues that the Minister deems necessary for discussion.

In case there is no condition to organize collective discussion, as directed by the Minister, the responsible unit of the project shall coordinate with the Ministry's Office to gather opinions from the Deputy Ministers and submit them to the Minister for decision.

After obtaining opinions from the Deputy Ministers, the Minister is the one who makes the final decision and takes responsibility for their decisions.

2. Responsibilities and scope of work of Deputy Ministers and Deputy Heads of Ministry-levels in Vietnam

The responsibilities and scope of work of Deputy Ministers and Deputy Heads of Ministry-levels are defined in Article 4 of Decision 337/2005/QD-TTg as follows:

- Responsibilities of Deputy Ministers and Deputy Heads of Ministry-levels (hereinafter referred to as Deputy Ministers)

+ Deputy Ministers are assigned by the Minister to be in charge of certain fields and work areas, responsible for certain agencies and units, and authorized to exercise the powers of the Minister, acting on behalf of the Minister in resolving tasks assigned to them and being accountable to the Minister and the law for their decisions.

+ When the Minister adjusts the assignment of tasks among Deputy Ministers, they must transfer the contents of the work, documents, and relevant materials to each other and report to the Minister.

- Scope of work for Deputy Ministers:

+ Directing the implementation of state management tasks, drafting legal normative documents, developing strategies, planning, projects, and other management documents in the fields assigned by the Minister.

+ Directing the inspection and implementation of state policies and legal decisions within the assigned scope, identifying and proposing necessary amendments and supplements.

+ Proactively resolving assigned tasks; if there are issues related to the field of another Deputy Minister, directly coordinating with that Deputy Minister to resolve them. In cases where the opinions of the Minister are needed or where the opinions of the Deputy Ministers differ, they must report to the Minister for a decision.

+ For issues related to principles or without specific regulations, or sensitive issues that may have an impact on the socio-economic situation of the country or the situation of the sector, the signing of international agreements, and other important matters, Deputy Ministers must seek the opinion of the Minister before making a decision."

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