SOCIALIST REPUBLIC OF VIET NAM
Hanoi, August 6, 1993
ON THE DUTIES, AND POWERS OF THE GOVERNMENT’S OFFICE
– Pursuant to the Law on Organization of the Government dated September30, 1992 ;
– Pursuant to the working Regulations of the Government promulgated inconjunction with Decree No.13/CP dated December 1, 1992 of the Government ;
– Pursuant to Decree No.15/CP dated March 2, 1993 of the Government onthe duties, powers and State management responsibilities of Ministries andMinisterial-level Agencies ;
– In consideration of the proposal of the Minister and Director of theGovernment’s Office,
Article 1. The Government’s Office is a Ministerial-levelAgency which functions to assist the Government in organizing general activities of theGovernment; advise the Prime Minister in leading, guiding, and operating activities, andensuring the uniformity, continuity and effectiveness of Government’s activities.
Article 2. The Government’s Office has the following dutiesand powers:
1. Building working programmes and plans of the Government and thePrime Minister ; organizing supervision and acceleration of the implementation of theworking programmes and plans by Ministries, Ministerial-level Agencies, Agencies under theGovernment, People Committees of provinces and centrally-ruled cities.
Preparing reports on Government’s activities; organizing compilation ofprojects directly assigned by the Prime Minister.
2. Supervising and speeding up the work of Ministries,Ministerial-level Agencies, Agencies under the Government, People’s Committees ofprovinces and centrally-ruled cities in their drafting of programmes (including draftlaws, ordinances, regulatory documents and socio-economic projects), contributing commentson the contents of these programmes during the course of their compilation.
Making appraisals of projects submitted by Ministries,Ministerial-level Agencies, Agencies under the Government, People’s Committees ofprovinces and centrally-ruled cities for approval by the Government and/or Prime Ministeror for the Government’s submission to competent authorities to decide.
In cases where the projects fail to meet requirements in contents andprocedures, the Government’s Office will require the project developers to make thenecessary amendments or supplements to the projects. In the event that the proposal isrefused by the project developer, then the Government’s Office will reflect the same tothe Prime Minister for decision.
3. Organizing the announcement and dissemination of Government andPrime Minister’s decisions, supervising and assessing the implementation thereof byMinistries, branches of activities and localities in order to make reports and proposalsto the Prime Minister on necessary measures to be taken to accelerate effectiveimplementation of Government and/or Prime Minister’s decisions.
Requiring Ministries, Ministerial-level Agencies, Agencies under theGovernment and local People’s Committees to report on the implementation of Governmentand/or Prime Minister’s decisions; sending experts to sessions to discuss working plans,to review activities, to work out measures to implement Government and/or Prime Minister’sdecisions.
4. Suggesting to the Prime Minister matters relating to orientations,policies, legislation, managerial mechanism need to be assigned to relevant agencies forresearch and submission to the Government or the Prime Minister.
Conducting research on and advising the Prime Minister on ways to solvethe daily routine work within the authority of the Government and/or Prime Minister.
5. Organizing and serving Government’s meetings and working sessionsbetween the Prime Minister and/or Deputy Prime Ministers with Ministries, branches ofactivities and localities.
Editing and filing records, minutes of meetings and working sessions ofthe Government and the Prime Minister.
6. Exercising uniform control over promulgation of Government and/orPrime Minister’s documents; finalize draft documents submitted by the Ministries,Ministerial – level Agencies, Agencies under the Government to the Prime Minister forsigning or for the Prime Minister’s submission to competent authorities to issue.
Supervising, examining Ministries, Ministerial – level Agencies,Agencies under the Government and authorities at all levels in their promulgation ofregulatory documents ; should any documents of these agencies are found to containmistakes or to be contrary to laws, regulations of the Government and/or Prime Minister,proposals on amendments, supplement or abrogation will be made. In cases where theseagencies refuse the proposal, the Government Office will reflect the same to the PrimeMinister for decision.
With the involvement of the Justice Ministry, providing periodicalguidance to the Ministries, Ministerial-level Agencies, Agencies under the Government tosystematize regulatory documents, detect any mistake for amendment or abrogation orforwarding them to competent authorities to make any amendment to or abrogate thosedocuments which overlap, are contrary to laws or become impractical.
7. Submitting to the Government and/or Prime Minister’ for promulgationor promulgation within its authority regulations on administrative procedures formanagement of routine work and paper work in State administrative offices; stipulatingstandards for all kinds of papers commonly used by State administrative offices.
8. Ensuring timely supply of information to help the Government andPrime Minister to govern.
Being entitled to ask Ministries, Ministerial-level Agencies, Agenciesunder the Government, People’s Councils and People’s Committees of provinces andcentrally-ruled cities to send to the Government’s Office those regulatory documents whichare promulgated by them and to provide necessary information, documents, data by requestof the Government and/or Prime Minister.
Being accredited by the Prime Minister, the Minister and Director ofthe Government’s Office to periodically keeps Cabinet members, the Heads of Agencies underthe Government, President of People’s Committees of provinces and centrally-ruled citiesinformed of the country’s general situation, Government’s State management operations andPrime Minister and Deputy Prime Ministers guiding and operating activities ; provide thepress with information on Government’s main activities and important decisions, and giveelaboration on the orientation, important domestic and external policies beyond theministerial responsibilities.
Managing and directly responsible for the printing and publishing ofthe Official Gazette of the Socialist Republic of Vietnam.
9. Organizing the implementation of the working relationship betweenthe Government and the National Assembly, the Vietnam Fatherland Front and the centralcommittees of other mass organizations.
10. Providing professional guidance on office work to offices ofMinistries, Ministerial-level Agencies, Agencies under the Government, People’s Committeesof provinces and centrally-ruled cities.
Upon reaching consensus with the Government’s Committee onOrganization-Personnel, the Minister-Chairmen of the Government’s Office will issue titlesand professional criteria of office chiefs ; seek agreement from Ministers, Heads ofMinisterial-level Agencies, Heads of Agencies under the Government and President ofPeople’s Committees of provinces and centrally-ruled cities on these appointments.
11. Ensuring material and technical Government and Prime Minister’sactivities.
Managing organizational structure, staff, budget and assets assigned toit in accordance with state regulations.
12. Implementing a number of other duties assigned by the PrimeMinister.
Article 3. The organizational structure of the Government’s Officeconforms to Decision No. 212-TTg dated December 31, 1992 of the Prime Minister.
Article 4. The Government’s Office shall work under the system inwhich of the head of a unit has the final say, of the system in which the expert has thefinal say. The Minister and Director of the Government’s Office shall decide which unitsof the Government’s Office to work under the system in which of the head of a unit has thefinal say and which units shall work under the system which combines both.
Article 5. This Decree comes into force as from the date of itspromulgation. Decree No.112-HDBT dated July 15, 1987 on the functions, duties,organizational structure of the Office of the Council of Ministers and all previousstipulations contrary to this Decree are repealed.
The Minister and Director of the Government’s Office shall issue theworking Regulations of the Government’s Office. These Regulations should be submitted tothe Prime Minister for consideration prior to their promulgation.
Article 6. The Minister and Director of the Government’s Office,other Ministers, the heads of Ministerial -level Agencies and Agencies under theGovernment, and the President of People’s Committees of provinces and centrally-ruledcities are responsible for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
Vo Van Kiet