GOVERNMENT ORGANIZATION – SIGNIFICANT REGULATIONS OF THE NEW LAW

The 2015 Law on Government Organization will officially enter into force from January 1, 2016, including new highlights as follows:

1. Principles of organization and operation of the Government

• Clearly distinguish roles, powers and responsibilities of the Government, the Prime Minister with those of Ministers and Heads of Ministry-level agencies
• Elevate personal responsibility and accountability of the heads.
• Carry out proper decentralization and delegation of powers between the Government and local governments whereby the Government’s exercise of its powers of consistent management must be ensured.
• Enhance the transparency and modernization of operations of the Government, Ministries, Ministry-level bodies and administrative agencies at all levels.
• Ensure that the administration regime will have the integrity, thoroughness, continuity, democracy and people-oriented service and be subject to the people’s observation and oversight.

2. Additional powers and obligations of the Government

• Duties and powers of the Government in management of natural resources, environment and response to climate change.
• Duties and powers of the Government in management of culture, sports and tourism.
• Duties and powers of the Government in implementation of social policies.
• Duties and powers of the Government in cipher activity management.
• Duties and powers of the Government in protection of rights and benefits of the Government and society, human rights and citizen rights.
• Duties and powers of the Government in the work of inspection, examination, citizen relation, handling of complaints, accusations, anti-bureaucracy, anti-corruption and anti-extravagance.

3. Relationship of the Government with the Central Committee of Vietnamese Fatherland Front and socio-political organizations  

• The Government in cooperation with the Vietnamese Fatherland Front and the Central Committee of domestic socio-political organizations implements its duties and powers.
• The Government, Vietnamese Fatherland Front and socio-political organizations develop the system for cooperation in performing work activities.
• When rendering bills or draft resolutions to the National Assembly, or proposed ordinances and draft resolutions to the National Assembly Standing Committee, or writing up draft decrees of the Government, the Government must send draft documents to the Central Committee of Vietnamese Fatherland Front and the central committee of relevant socio-political organizations to receive their opinions.
• The Government must regularly report to the Central Committee of Vietnamese Fatherland Front and the central committee of socio-political organizations on socio-economic situations and important decisions or schemes of the Government relating to people from all social strata.
• The Government provides favorable conditions so that the Central Committee of Vietnamese Fatherland Front and the central committee of socio-political organizations are enabled to carry out communication and dissemination of laws amongst people, and encourage and mobilize people to participate in construction and strengthening of the people’s administration.
  The Government takes responsibility to study, solve and respond to recommendations of the Vietnamese Fatherland Front and the Central Committee of socio-political organizations.

4. Responsibilities of the Government

• The Government is held accountable to the National Assembly for implementation of its duties and powers.
• The Government is obliged to report on its performance to the National Assembly, National Assembly Standing Committee and State President twice a year.
• The Government is obliged to send an ad-hoc report on its performance as requested by the National Assembly, National Assembly Standing Committee and State President.

5. Duties and powers of the Prime Minister

• Direct and carry out the consistent management of officials, public servants and employees in the governmental administration system from the central to local level.
• Lead, direct and inspect or examine operations relating to perform duties of officials or public servants in the governmental administration system.
• Lead, direct and carry out inspection and examination of officials, public servants and employees in the governmental administration system from the central to local level.
• Decide delegation of powers to manage officials, public servants or employees in the governmental administration system.
• Lead, direct management and administration of all of infrastructure systems, finance and state budget sources that assist in operation of the machinery of government.
• Lead, direct administrative reforms and civil service or public servant benefit reforms in the governmental administration system from the central to local level.

6. Responsibilities of the Prime Minister 

• Be held accountable to the National Assembly for the Government’s operations and the governmental administration system from the central to local level.
• Be held accountable for decisions and results of implementation of his decisions within delegated duties and powers.

7. Duties and powers of Ministers and Heads of Ministry-level agencies

• Assume duties and powers of Ministers and Heads of Ministry-level agencies as member of the Government cabinet.
• Assume duties and powers of Ministers and Heads of Ministry-level agencies as heads of Ministries or Ministry-level agencies.