| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 179/2007/ND-CP | Hanoi, December 3, 2007 |
DECREE
PROMULGATING THE GOVERNMENTS WORKING REGULATION
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government:
At the proposal of the Minister-Director of the Government Office,
DECREES:
Article 1. To promulgate together with this Decree the Governments Working Regulation.
Article 2. This Regulation takes effect 15 days after its publication in CONG BAO., replacing the Governments Working Regulation promulgated together with Decree No. 23/2003/ND-CP of March 12, 2003.
Ministries, ministerial-level agencies and provincial/municipal Peoples Committees shall promulgate their working regulations consistent with this one.
Article 3. The Minister-Director of the Government Office shall urge and inspect the implementation of the Governments Working Regulation.
Cabinet members, heads of government-attached agencies, chairmen of Peoples Councils and presidents of Peoples Committees of provinces and centrally run cities, and heads of concerned agencies shall implement this Decree.
| | ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung |
THE GOVERNMENTS WORKING REGULATION
(Promulgated together with the Governments Decree No. 179/2007/ND-CP of December 3, 2007)
(Promulgated together with the Governments Decree No. 179/2007/ND-CP of December 3, 2007)
Chapter 1
GENERAL PROVISIONS
Article 1. Scope and subjects of regulation
1. This Regulation provides for working principles, responsibilities, styles and relations of, and procedures for settlement of affairs by, the Government and the Prime Minister.
2. Cabinet members, ministries, ministerial-level agencies as well as agencies, organizations and individuals having working relations with the Government and the Prime Minister are governed by this Regulation.
3. When a document issued by the Government or the Prime Minister before this Regulation provides procedures for settlement of affairs different from those prescribed in this Regulation, the procedures prescribed in this Regulation shall be applied.
Article 2. Working principles of the Government
1. To adopt the mechanism of collective responsibility while heightening powers and responsibilities of the Prime Minister and each cabinet member. All activities of the Government and cabinet members are placed under the Party leadership, comply with law and ensure the peoples rights and interests.
2. To heighten individual responsibility so that each person will take charge of and assume responsibility for only one job. Heads of agencies shall take the prime responsibility for the jobs assigned to them.
3. To settle affairs within its prescribed competence and assigned responsibility, according to the order and procedures prescribed by law as well as the Governments work programs and plans and Working Regulation; to regularly reform administrative procedures, ensuring publicity, transparency and efficiency.
4. To ensure the requirements of work coordination and information exchange in the settlement of affairs and all activities according to its functions, tasks and powers prescribed by law.
Chapter 2
RESPONSIBILITIES, SCOPE AND MODES OF SETTLEMENT OF AFFAIRS
Article 3. Scope and modes of settlement of affairs by the Government
1. Within the scope of its powers and responsibilities prescribed by law, the Government shall discuss collectively and vote by majority on important issues specified in Article 19 of the Law on Organization of the Government, review its direction and administration work, the implementation of its Working Regulation, and other issues prescribed by law and falling within its competence.
2. Modes of settlement of affairs by the Government:
a/ Discussing and resolving each issue, scheme or project at regular or irregular meetings;
b/ With regard to issues which need not be discussed at the Governments meetings or should be urgently decided while conditions do not permit the organization of the Governments meetings, the Government Office shall, under the direction of the Prime Minister or deputy prime ministers, send all related dossiers (according to Point b. Clause 1. Article 16 of this Regulation) and consultation cards to every cabinet member. If most cabinet members agree, the drafting ministry shall finalize documents for the Government Office to examine and submit them to the Prime Minister for decision, and report the results to the Government at the nearest meeting. If most cabinet members disagree, the Government Office shall report such to the Prime Minister for decision on bringing those issues up for discussion at the Governments nearest meeting.
3. The Governments collective resolutions must be adopted by more than half of its members. When holding a vote at a meeting or using consultation cards, if the votes for and against are equal, the opinion voted for by the Prime Minister is the final decision.
Article 4. Responsibilities of cabinet members
1. To participate in settling general affairs of the Government collective; to join the Government collective in deciding on issues falling within the Governments competence and responsibilities; to study and propose to the Government and the Prime Minister necessary undertakings, policies, mechanisms and legal documents which fall within or beyond their domains and under the competence of the Government or the Prime Minister; to take the initiative in working with the Prime Minister and deputy prime ministers on the Governments affairs and related affairs.
Cabinet members being ministers or heads of ministerial-level agencies shall take responsibility for all contents of schemes, projects and legal documents they have prepared for submission to the Government and the Prime Minister.
2. To attend all the Governments meetings and fill in all consultation cards instead of voting at the Governments meetings.
3. To perform specific tasks in the domains under their charge and as assigned or authorized by the Government or the Prime Minister such as supervising and directing a government-attached agency; preparing and reporting schemes to the Party and the National Assembly leading agencies; monitoring and directing localities and grassroots units; heading the Governments working teams; chairing meetings with concerned ministries, branches, localities, agencies, organizations and individuals in order to report issues to the Prime Minister for decision and handling, and taking responsibility before the Prime Minister for these issues; chairing press conferences, receiving citizens and performing other tasks.
4. To implement plans on making work trips to localities and grassroots units, on receiving and talking with people about issues falling under their responsibilities or under the Governments responsibility but assigned to them; to regularly inspect and guide the implementation of policies and laws and the performance of the Governments and the Prime Ministers plans and decisions relating to the branches or domains under their charge: to thoroughly understand the practical situation in order to improve their work quality and efficiency.
5. In their activities, the Government and every cabinet member should take the initiative in closely coordinating with Party and National Assembly agencies, the Supreme Peoples Court, the Supreme Peoples Procuracy, the Central Committee of the Vietnam Fatherland Front and central agencies of mass organizations; perform all their tasks under regulations and relevant provisions; examine, settle and take the initiative in reporting, dialoguing with, and responding to petitions of, the Nationality Council and Committees of the National Assembly, questions of National Assembly deputies, proposals of the Fatherland Front and mass organizations regarding issues in the domains under their charge.
6. To have their own electronic mailboxes to receive and send information, documents, petitions, mails or invitations, and exchange opinions on relevant issues; and be equipped with facilities to do their jobs, exchange information and attend teleconferences.
7. Not to speak or act in contravention of the Governments and the Prime Ministers decisions. If having different opinions, they must still abide by such decisions but may present their opinions to the Government collective and the Prime Minister. All violations must be criticized before the Government in order to identify liabilities.
Article 5. Scope and modes of settlement of affairs by the Prime Minister
1. The Prime Minister shall perform all tasks and exercise all powers provided for by the Constitution and the Law on Organization of the Government; lead the Government, cabinet members, heads of government-attached agencies and Peoples Committees at all levels. He/she shall personally direct and administer major, important and strategic issues in all domains falling within the functions and tasks of the Government.
2. The Prime Minister has responsibility and power to settle affairs prescribed in Article 20 of the Law on Organization, of the Government and other affairs prescribed by law. which fall within his/her competence.
3. When necessary, the Prime Minister may personalise direct the settlement of important and urgent affairs which fall within the competence of ministers or provincial-level Peoples Committee presidents.
4. Modes of settlement of affairs by the Prime Minister:
a/ To directly settle affairs or assign deputy prime minister to settle affairs on his/her behalf, on the basis of dossiers and documents submitted by concerned agencies, organizations and individuals and synthesized in the Government Offices submission notes according to Article 18 of this Regulation.
b/ When necessary, to settle affairs or assign a deputy prime minister to settle affairs, on the basis of dossiers and documents submitted by concerned agencies, organizations and individuals, without requiring the Govemment Offices submission notes.
c/ To directly or assign a deputy prime minister to meet and work with leaders of concerned agencies, organizations and individuals in order to consult the latter on decisions to be made.
d/ To set up inter-branch coordinating bodies to direct the handling of complicated and important issues which are related to many branches and localities and cannot be settled in a short time.
e/ To authorize the Minister-Director of the Government Office or another minister to preside over working sessions with leaders of concerned agencies, organizations or individuals so as to synthesize issues falling within the Prime Ministers competence on which the ministries opinions remain divergent, and submit them to the Prime Minister for decision.
f/ Other modes specified in this Regulation, such as personally directing issues falling within his/her competence when necessary, making work trips to settle affairs right in localities or units, receiving citizens and guests.
Article 6. Scope of settlement of affairs by deputy prime ministers
1. The Prime Minister shall assign deputy prime ministers to assist him/her in settling affairs on the following principles:
a/ Each deputy prime minister shall be assigned by the Prime Minister to direct and regularly settle specific affairs which fall within the Prime Ministers competence in some work domains of the Government; to supervise and direct some ministries, ministerial-level agencies and government-attached agencies:
b/ Within the ambit of their assigned tasks, deputy prime ministers may, according to their powers or in the name of the Prime Minister, settle affairs and be answerable to the Prime Minister for their decisions;
c/ Each deputy prime minister shall take the initiative in settling affairs assigned to him/her; for major, important or sensitive issues, they must promptly report them to the Prime Minister; while on his/her duty, if there arise issues related to the domains under the charge of another deputy prime minister, he/she shall coordinate directly with the latter in handling those issues. When deputy prime ministers hold divergent opinions on an affair, the deputy prime minister in charge of that affair shall report such to the Prime Minister for decision.
2. Within the scope of his/her assigned tasks, a deputy prime minister has the following responsibilities and powers:
a/ To direct ministries, ministerial-level agencies, government-attached agencies, and provincial/ municipal Peoples Councils and Peoples Committees in formulating socio-economic strategies, planning and plans, ensuring defense, security and state budget; formulating mechanisms and policies, drafting laws, ordinances and legal documents for promulgation according to their competence and submission to the Government and the Prime Minister.
b/ To inspect and urge ministries, ministerial-level agencies, government-attached agencies, and provincial/municipal Peoples Councils and Peoples Committees in organizing the implementation of undertakings, policies, laws, planned tasks and state budget estimates in the domain under his/her charge; to detect and settle problems according to his/her competence, and propose necessary amendments or supplements. If detecting that ministries, ministerial-level agencies, government-attached agencies. Peoples Councils or Peoples Committees promulgate legal documents or act in contravention of law or regulations of the Government and the Prime Minister, to stop the implementation of those documents or acts, and direct the implementation in accordance with law.
c/ To regularly monitor and settle specific affairs falling within the Prime Ministers competence; to sign on behalf of the Prime Minister legal documents which fall within the latters competence in the domains or fields of work assigned by the Prime Minister;
d/ To monitor organization and personnel work, direct the settlement of internal affairs of agencies assigned by the Prime Minister, which fall within the latters competence.
3. The Prime Minister shall designate a deputy prime minister to be the permanent cabinet member to assist him/her in regulating general activities of the Government according to its work programs and at the request of the Prime Minister, sign the Governments legal documents and settle affairs under the charge of the Prime Minister in case of his/her absence.
Article 7. Scope of settlement of affairs by ministers and heads of ministerial-level agencies
1. Ministers and heads of ministerial-level agencies shall:
a/ Settle affairs within their competence prescribed in the Constitution, the Law on Organization of the Government and other legal documents, and perform tasks assigned by the Government or the Prime Minister;
b/ Handle according to their competence, and take responsibility for their decisions on, proposals of concerned ministries, agencies, organizations and individuals regarding issues falling under their state management responsibilities and competence including issues on which opinions of concerned ministries remain divergent.
c/ Consider and submit to the Government and the Prime Minister for settlement affairs falling within the latters competence.
d/ Give opinions to other ministries, agencies and provincial/municipal Peoples Committees for handling issues falling within the latters competence but relating to their management functions, branches or domains.
2. Ministers and heads of ministerial-level agencies must heighten their individual responsibility, properly exercise their powers and assigned tasks (including authorized tasks), may neither transfer affairs under their tasks or within their competence to the Prime Minister or to other agencies nor settle affairs falling within the competence of other agencies.
3. Ministers and heads of ministerial-level agencies shall take individual responsibility before the National Assembly and the Prime Minister for all affairs under their responsibilities and competence, even when they have assigned or authorized those affairs to their deputies.
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