Some regulations on the Government’s meeting sessions in Vietnam

Some regulations on the Government’s meeting sessions in Vietnam (Internet image)

Decree 39/2022/ND-CP guides a number of regulations on Government’s meeting sessions as follows:

Government’s meeting sessions in Vietnam

- The Government shall hold its regular meeting once a month before the fifth of the next month. In special cases, the meeting held after the aforementioned deadline shall be decided by the Prime Minister.

- The Government shall hold theme meetings on unexpected tasks under the Prime Minister’s decisions or at the request of at least at least one-third of the total number of Cabinet members or at the request of the State President of Vietnam to discuss relevant issues in order to exercise his duties and powers.

- The Prime Minister shall chair Government’s meeting sessions. Where necessary, the Prime Minister shall appoint the Permanent Deputy Prime Minister or a Deputy Prime Minister to act on behalf of the Prime Minister to chair and close the meeting sessions or decide several issues discussed at the meeting sessions.

Preparation for Government's meeting sessions in Vietnam

- The Prime Minister shall decide types, time and agendas of meeting sessions. Attendees of the meeting sessions are Article 25 of the Regulations issued together with Decree 39/2022/ND-CP.

- The Office of the Government shall:

+ Anticipate types (online, offline), time and agendas for a meeting and submit them to the Prime Minister for decision;

+ Urge relevant authorities to send documents serving the meeting;

+ Send invitations and documents to attendees at least 03 days before the meeting, except for special cases; cooperate with the agency presiding over the scheme to take back required confidential documents after the end of the meeting session;

+ Present verification reports on contents of the scheme presented at the meeting session.

- The agency presiding over the scheme shall:

+ Propose issues to be raised at the Government’s Regular Meeting and send them to the Office of the Government before the 20th every month for consolidation and reporting to the Prime Minister;

+ Send meeting documents and files through the meeting information system and handle Government’s affairs (except for confidential documents) at least 03 days before the meeting; send physical documents to the Office of the Government upon request;

+ Preside over and cooperate with the Government's Office in taking back required confidential documents after the end of the meeting session.

Attendees of Government's meeting sessions in Vietnam

- Cabinet members, heads of Governmental agencies.

If the Minister, head of ministerial agency or head of Governmental agency is absent but states a legitimate reason for his/her absence and the reason is approved by the Prime Minister, he/she is entitled to appoint his/her to attend the meeting session on his/her behalf. The authorized attendee shall present Cabinet members' comments to the Government but is not permitted to vote.

The meeting session is held if at least two-thirds of the total number of Cabinet members are present.

- Guests invited to attend Government’s meeting sessions include:

+ The State President of Vietnam invited to all meeting sessions;

+ Chairperson of the Central Committee of Vietnamese Fatherland Front, Chairperson of the National Assembly’s Ethnic Minorities Council, heads of central authorities of socio-political organizations invited to discuss relevant issues;

+ Leaders of the Communist Party’s Committees and National Assembly’s Committees, State Auditor General, Chief Justice of Supreme People’s Court, Prosecutor General of People’s Supreme Procuracy, Chairpersons of People's Council and Chairpersons of provincial People’s Committees invited to meeting sessions where necessary;

+ Other guests invited under the Prime Minister's decisions.

- Attendees which are not Cabinet members are invited to express their opinions but do not reserve the right to vote.

Flow of Government’s meeting sessions in Vietnam

- The Minister, Chairman/Chairwoman of the Office of the Government shall report meeting contents, agendas and attendees.

- The Prime Minister shall chair shall chair Government’s meeting sessions.

- The authority presiding over the scheme shall briefly present the scheme and matters on which the Government’s comments need to be sought.

- The Minister, Chairman/Chairwoman of the Office of the Government shall present the consolidated report on Cabinet members’ comments, comments of relevant agencies and verification comments of the Office of the Government, clearly stating concurring comments, dissenting comments, issues that need to be discussed and proposed; Where necessary, the Prime Minister shall invite representatives of other agencies to report several related issues.

- Cabinet members shall make their comments, clearly expressing their approval or disapproval of the issues which the Government needs to discuss; vote on the issues under discussion. Where a draft Resolution of the meeting session is sent to Cabinet members to collect their comments, the dissenting or concurring comment on draft Resolution is considered a form of voting.

- The Prime Minister shall give a closing speech at the meeting session.

- For draft legislative documents to be included in the Government’s meeting agenda, apart from complying with the regulations laid down in this Article, the flow of a meeting shall comply with the regulations shall comply with Articles 41, 61 and 96 of the Law on Promulgation of Legislative Documents.

Minutes and Resolutions of Government’s meeting sessions in Vietnam

- The Office of the Government shall organize preparation of minutes, audio recording, signature, management and use of minutes of Government’s meeting sessions.

- A meeting session's Resolution shall sufficiently and clearly specify the Government's resolutions at the meeting session; tasks of Ministries, agencies and local authorities for implementation of the Government's resolutions. The Office of the Government shall consolidate and draft meeting session’s resolutions and add the tasks resolved by the Prime Minister but not yet included in the resolution and promulgate a document providing guidance on implementation thereof.

Duong Chau Thanh

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