Nghị định 08/2012/ND-CP

Decree No. 08/2012/ND-CP of February 16, 2012, promulgating the working regulation of the Government

Decree No. 08/2012/ND-CP promulgating the working regulation of the Government đã được thay thế bởi Decree 138/2016/ND-CP promulgating the ưorking regulation of the government và được áp dụng kể từ ngày 01/10/2016.

Nội dung toàn văn Decree No. 08/2012/ND-CP promulgating the working regulation of the Government


THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------

No. 08/2012/ND-CP

Hanoi, February 16, 2012

 

DECREE

PROMULGATING THE WORKING REGULATION OF THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government, of December 25, 2001;

At the proposal of the Minister-Chairman of the Office of Government,

DECREES:

Article 1. To promulgate together with this Decree the Working Regulation of the Government.

Article 2. This Decree takes effect on April 15, 2012, replaces the Government's Decree No. 179/2007/ND-CP of December 03, 2007.

Ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally-run cities shall promulgate their Working Regulations in conformity to the Working Regulation of the Government.

Article 3. The Minister-Chairman of the Office of Government shall urge and inspect the implementation of the Working Regulation of the Government.

Members of Government, heads of government-attached agencies, chairpersons of People's Councils and People's Committees of provinces and centrally run cities and heads of relevant agencies are responsible for implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

WORKING REGULATION

OF THE GOVERNMENT
(Promulgated together with the Government's Decree No. 08/2012/ND-CP of February 16, 2012)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and subjects of adjustment

1. This Regulation prescribes the principles, responsibility regime, working style, working relationships and process of settling affairs of the Government and the Prime Minister.

2. Members of Government, Ministries, Ministerial-level agencies and Government-attached agencies (hereinafter abbreviated to Ministries and agencies), People's Councils and People's Committees of provinces or centrally run cities (hereinafter abbreviated to provincial-level People's Councils and People's Committees) and agencies, organizations and individuals having working relationships with the Government and the Prime Minister are adjusted by this Regulation.

3. In case documents promulgated by the Government or the Prime Minister before this Regulation prescribe the process of handling affairs different from that prescribed in this Regulation, the process prescribed in this Regulation is applied.

Article 2. Working principles of the Government

1. The Government works according to the regime of combining the responsibility of the Government collective with the heightening of the personal responsibility of the Prime Minister and every member of the Government. All activities of the Government and its members must ensure for the Party’s leadership, comply with the law and guarantee the rights and legitimate interests of people.

2. To heighten the personal responsibility, with one person taking charge of and responsibility for only a task. If a task is assigned to an agency, the head of such agency shall take the main responsibility.

3. To solve affairs strictly within the scope of assigned jurisdiction and responsibility and according to the order and procedures prescribed by law and to the work programs and plans and the Working Regulation of the Government; ensuring publicity, transparency and effectiveness.

4. To ensure for the requirements of working coordination and information exchange in the settlement of affairs and in all activities according to the functions, tasks and powers defined by law.

Chapter 2

RESPONSIBILITY FOR, SCOPE AND METHODS OF SETTLING AFFAIRS

Article 3. Scope and methods of settling affairs of the Government

1. Within the scope of powers and responsibilities prescribed by law, the Government shall discuss on a collegial basis and vote on important issues specified in Article 19 of the Law on Organization of the Government; and review the direction, administration and the implementation of the Working Regulation of the Government and other matters that falling under the jurisdiction of the Government as prescribed by law.

2. Methods to settle affairs of the Government:

a/ To discuss and resolve on each issue, scheme, project at regular or irregular meetings of the Government;

b/ For a number of issues which are not necessary for discussions at meetings of Government or issues which need be decided urgently but there is no condition for holding a meeting of Government, the Office of Government shall, under the direction of the Prime Minister, send the whole dossier of the scheme (as defined at point b, clause I, Article 16 of this Regulation) and comment-gathering cards to every member of Government. If the majority of its members agree, the responsible ministry shall complete the documents and the Office of Government shall verify and submit them to the Prime Minister for decision and report on the result to the Government at its nearest meeting. If the majority of Members of Government disagree, the Office of Government shall report thereon to the Prime Minister for decision to bring the issue to the nearest meeting of Government for discussion.

3. The collective resolutions of Government must be adopted by more than half of the total number of Members of Government. Upon voting at a meeting as well as using comment-gathering cards, if the number of votes in favor is equal to the number of votes in disfavor, the issue shall be decided according to the Prime Minister's vote. Members of Government may discuss democratically and reserve their opinions but are not permitted to speak and act in contravention of the Government's resolutions.

Article 4. Responsibilities and scope of settling affairs of members of Government

1. To participate in settling common affairs of the Government collective; to join the Government collective in deciding on matters falling under the jurisdiction and responsibility of the Government; to study and propose to the Government and the Prime Minister necessary undertakings, policies, mechanisms and legal documents falling under the jurisdiction of the Government and the Prime Minister inside and outside the fields under their charges; to take the initiative in working with the Prime Minister or Deputy Prime Ministers on the Government's affairs and relevant affairs.

Members of Government who are Ministers or heads of Ministerial-level agencies shall take responsibility for the whole contents and submission schedules of schemes, projects and legal documents prepared by their agencies.

2. To attend all meetings of Government and promptly and fully fill in the comment-gathering cards of Members of Government instead of voting at Meetings of Government.

3. To perform specific tasks according to the sectors or fields under their respective charge and under the assignment or authorization of the Government or the Prime Minister, such as monitoring and directing government-attached agencies; preparing and submitting projects and reports to the leading bodies of the Party and the National Assembly; monitoring and directing activities of localities and grassroots units; heading the working missions of Government; presiding over meetings with related Ministries, sectors, localities, agencies, organizations or individuals to report on decisions to handle affairs to the Prime Minister and Deputy Prime Ministers and take responsibility before the Prime Minister; and presiding over press conferences, citizen receptions and other affairs.

4. To implement plans on working trips to localities and grassroots units, plans on receptions of people and dialogs with people on matters under their charge or under the charge of Government if so assigned; to regularly inspect and guide the implementation of policies and laws, the implementation of programs, plans and decisions of the Government and the Prime Minister regarding the sectors or fields under their charge; to firmly grasp the practical situation in order to enhance the working quality and effectiveness.

5. The Government and every member of Government shall take the initiative in closely coordinating with agencies of the Party, the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee and central agencies of mass organizations of People; to fully perform their tasks under relevant regulations; to study, solve and take the initiative in reporting on, dialoging, and replying petitions of the Nationality Council and Committees of the National Assembly, questions of National Assembly deputies, petitions of voters and petitions of the Fatherland Front and mass organizations of People on matters under their charge.

6. Not to speak and act at varience with decisions of the Government or the Prime Minister. If having opinions different from such decisions, they must still obey the decisions but can express their opinions to the Government collective and the Prime Minister on those matters. All violations shall, depending on their nature and seriousness, be reviewed for clarifying responsibility before the Government collective.

7. Every member of Government has own email account to receive and send information, documents, letters and written invitations to meetings, to exchange opinions on relevant affairs; and is provided with equipment to handle affairs, share information and participate in online meetings.

Article 5. Responsibility, scope and methods of settling affairs of the Prime Minister

1. The Prime Minister takes responsibility for full performance of the tasks and powers according to the Constitution and the Law on Organization of the Government; leading activities of the Government, Members of Government, heads of Government-attached agencies and chairpersons of People's Committees at all levels; personally directing and administering major and important affairs and strategic issues in all working fields within the functions, tasks and powers of the Government.

2. The Prime Minister has the responsibility and power to settle affairs defined in Article 20 of the Law on Organization of the Government and other affairs prescribed by law under the jurisdiction of the Prime Minister.

3. When considering it necessary due to the importance and urgency of affairs, the Prime Minister may personally direct the handling of affairs which fall under the jurisdiction of Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies or Chairpersons of provincial-level People's Committees.

4. Methods of settling affairs of the Prime Minister

a/ To personally handle or assign Deputy Prime Ministers to handle on behalf of the Prime Minister  affairs on the basis of dossiers and documents submitted by relevant agencies, organizations or individuals and summarized in the reports on settling affairs of the Office of Government as prescribed in Article 18 of this Regulation;

b/ In case of necessity, the Prime Minister or a Deputy Prime Minister may directly settle an affair on the basis of dossiers and documents submitted by relevant agencies, organizations or individuals, without the submission card of Office of Government;

c/ When being absent and considering it necessary, the Prime Minister may authorize a Deputy Prime Minister to lead, on behalf of the Prime Minister, activities of the Government and settle affairs in charge of the Prime Minister as prescribed in Article 4 of the Law on Organization of the Government;

d/ When a Deputy Prime Minister is absent, the Prime Minister may directly handle or assign another Deputy Prime Minister to handle affairs assigned to the absent Deputy Prime Minister;

dd/ To directly hold meetings or have working meetings or assign a Deputy Prime Minister to have meeting or work, on behalf of the Prime Minister, with leaders of agencies, organizations or relevant individuals for consultation before decision;

e/ To establish inter-sector coordination organizations to direct a number of complicated and important issues which are involved many sectors, fields and/or localities and take a long duration to handle;

g/ To authorize the Minister-Chairman of the Office of Government or another Government member to preside over working sessions with leaders of agencies, organizations or relevant individuals for handling, summarizing matters under the Prime Minister's jurisdiction on which Ministries still hold different opinions and report them to the Prime Minister for decision. The invited agencies and organizations must appoint fully competent representatives to attend and their statements shall be considered as official viewpoints of the agencies or organizations appointing them for participation;

h/ Other methods prescribed by law and this Regulation such as: personally directing matters under jurisdiction when considering its necessity; making working trips and handling affairs in localities and grassroots units and reception of citizens and guests.

Article 6. Responsibility and scope of settling affairs of 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 is assigned by the Prime Minister to direct and regularly handle specific affairs which fall under the jurisdiction of the Prime Minister in a number of working fields of the Government; to monitor and direct a number of Ministries, Ministerial-level agencies and Government-attached agencies;

b/ Within the scope of his/her assigned tasks, a Deputy Prime Minister may use the powers of the Prime Minister and act on behalf of the Prime Minister when settling affairs and take responsibility before the Prime Minister and law for his/her decisions.

c/ A Deputy Prime Minister takes the initiative in handling his/her assigned affairs; if major, important and sensitive matters arise, he/she shall promptly report them to the Prime Minister; in performing his/her tasks, if there appear matters relating to the fields of another Deputy Prime Minister, he/she shall directly coordinate with that Deputy Prime Minister in settling these matters. In case Deputy Prime Ministers hold different opinions on a matter, the Deputy Prime Minister in charge of settling such affair shall report them to the Prime Minister for decision.

2. Within the scope of assigned tasks, a Deputy Prime Minister has the powers and responsibilities:

a/ To direct Ministries, agencies and provincial-level People's Councils and People's Committees to elaborate strategic, master plans and plans; to  elaborate mechanisms, policies and bills, drafts

 of ordinances and legal documents for promulgation according to his/ her competence or submission to the Government or the Prime Minister;

b/ To monitor, direct, inspect and urge the implementation of undertakings, policies, laws and tasks of Ministries, agencies and localities under his/her charge; to detect and handle according to his/her competence and propose matters that are neccesary to be amended or supplemented. If detecting a Ministry, agency, provincial-level People's Council or People's Committee promulgate a legal document or implement an activity in contrary to laws of the State or regulations of the Government or the Prime Minister, to suspend the enforcement thereof and direct the implementation strictly according to law;

c/ To assume the prime responsibility for settling matters which require inter-sector coordination and consider and handle proposals of Ministries, agencies or localities which fall under the jurisdiction of the Prime Minister and within his/her assigned scope;

d/ To regularly monitor and handle specific matters which fall under the jurisdiction of the Prime Minister; to sign on behalf of the Prime Minister documents which fall under the jurisdiction of the Prime Minister and within the scope of the fields or tasks assigned by the Prime Minister;

e/ To supervise organizational and personnel work and direct the handling of internal matters which fall under the jurisdiction of the Prime Minister and within Ministries or agencies under his/her assigned management.

Article 7. Responsibility and scope of handling Affairs of Ministers and heads of Ministerial-level agencies

1. Ministers and heads of Ministerial-level agencies shall handle the following affairs:

a/ Affairs falling under their jurisdiction as provided in the Constitution, the Law on Organization of the Government and other legal documents, and tasks assigned by the Government or the Prime Minister;

b/ Settlement according to their competence and taking responsibility for their decisions on the proposals of related Ministries, agencies, organizations or individuals regarding matters falling within the scope of their responsibility and jurisdiction, including matters on which related Ministries still hold different opinions;

c/ Consideration for submission to the Government or the Prime Minister for handling of affairs falling under the jurisdiction of the Government or the Prime Minister:

d/ Contribution of their opinions to other Ministries, agencies or provincial-level People's Committees on the handling of matters falling under the jurisdiction of those agencies but relating to the functions, sectors or fields managed by them.

2. Ministers and heads of Ministerial-level agencies must heighten their personal responsibility and strictly perform their assigned powers and tasks (including authorized tasks), not transfer affairs under their tasks and jurisdiction to the Prime Minister or to other agencies; and not settle affairs falling under the jurisdiction of other agencies or organizations.

3. Ministers or heads of ministerial-level agencies shall assign their deputies to monitor, direct and handle a number of affairs falling under the jurisdiction of their Ministries or Ministerial-level agencies. When being absent and considering it necessary, Ministers or heads of Ministerial-level agencies may authorize one of their deputies to lead the work and handle affairs of their Ministries or agencies strictly according to Article 29 of the Law on Organization of the Government, and not appoint a standing deputy.

Ministers or heads of Ministerial-level agencies shall take personal responsibility before the National Assembly, the Government and the Prime Minister for all affairs falling under their responsibility and jurisdiction, even when these affairs have already been assigned or authorized to their deputies.

4. In order to ensure strictness and consistency, before implement requests for reporting, providing information or performing tasks related to the jurisdiction of the Government or the Prime Minister from agencies and organizations outside the Government, Ministers or heads of Ministerial-level agencies (including cases of assignment or authorization to their deputies) must report these requests to and get the consent of the Government or the Prime Minister.

Article 8. Working relationships among Ministers and heads of Ministerial-level agencies

1. Ministers or heads of Ministerial-level agencies shall, when settling affairs which fall under their jurisdiction but are related to the functions and tasks of other Ministries or agencies, consult with the such Ministers, heads of agencies.

a/ In case of written consultation, if there is a law-prescribed time limit for consultation and reply for such affairs, the consulting agency shall clearly set a deadline for reply within the prescribed time limit. If lime limit has not yet prescribed by law, the consulting agency shall set a time limit for reply which, however, must not be less than 5 working days from the date of sending the written consultation, except for cases of urgency. Ministers or heads of the agencies consulted shall clearly state their viewpoints in written replies within the lime limit set by the consulting Ministry or agency and take responsibility for the contents of their replies. For special cases, a consulted Ministry or agency may request extension of such time limit which must not exceed 5 working days. Past the time limit (including the extension duration), if the Minister or head of agency consulted fails to reply, he/she shall be considered having agreed with the consulted contents and take full responsibility for such consent;

b/ When invited to a meeting for comments, the Minister or head of an agency shall personally attend or appoint a fully competent person to attend the meeting. Opinions of the participant are official opinions of his/her ministry or agency;

c/ The Minister or head of an agency who is assigned to perform the task of appraising and verifying a project or document shall perform the assigned task with quality and strictly according to the set time limit.

2. For matters which fall beyond their jurisdiction or even within their jurisdiction but they have no capability and conditions to settle, Ministers or heads of Ministerial-level agencies shall take the initiative in working with related Ministers or heads of agencies to finalize the dossiers to be submitted to the Government or the Prime Minister for consideration and decision.

Article 9. Working relationships between Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People's Councils and People's Committees

1. Ministers or heads of Ministerial-level agencies shall, according to their jurisdiction, settle proposals of chairpersons of provincial-level People's Councils or People's Committees and reply in writing within not later than 10 working days after the receipt of written proposals, if opinions of other agencies are not required, or within not later than 20 working days, if opinions of other agencies on relevant contents are required. Past such time limit, if receiving no written replies, chairpersons of provincial-level People's Councils or People's Committees shall report thereon to the Prime Minister for directing responsible agencies to settle.

2. When chairpersons of provincial-level People's Councils or People's Committees request to directly work with Ministers or heads of Ministerial-level agencies, on necessary work related to fields under jurisdiction management, they should properly prepare the contents and send documents in advance. Ministers and heads of Ministerial-level agencies shall personally (or assign their deputies to) work with chairpersons of provincial-level People's Councils or People's Committees.

3. Ministers or heads of Ministerial-level agencies shall direct, guide and inspect the People's Committees at all levels in performing the working tasks within the sectors or fields under their charge; and shall strictly manage their units based in localities and promptly correct, adjust and handle their wrongful activities.

4. Chairpersons of provincial-level People's Councils and People's Committees shall observe the regime of reporting, preparing contents, arranging working schedules and attending meetings with Ministers or heads of Ministerial-level agencies, when so requested.

5. In case a Minister or the head of a Ministerial-level agency organizes the gathering of comments of chairpersons of provincial-level People's Committees and vice versa, the time limits for questions and replies comply with the provision in point a, clause 1, Article 8 of this Regulation.

6. In case agencies or organizations, other than Ministries and Ministerial-level agencies or provincial-level People's Committees, are assigned by the Government or the Prime Minister to act as project managers, the gathering of comments by project managers and the reply of consulted agencies comply with the provision in clause 1, Article 8 of this Regulation.

Chapter 3

WORK PROGRAMS OF THE GOVERNMENT AND THE PRIME MINISTER

Article 10. Types of work programs

1. Work programs include annual, quarterly and monthly work programs of the Government and the Prime Minister; and weekly work programs of the Prime Minister and Deputy Prime Ministers.

a/ The projects defined in this Regulation and included in the work program of the Government or the Prime Minister include:

- Contents stated in clause 1, Article 3 of this Regulation;

- Draft legal documents; projects and matters related to policies, mechanisms, strategies, master plans or plans which fall under the deciding, approving and promulgating competence of the Prime Minister;

- Projects and contents required to be reported to the Politburo, the Secretariat, the Government and the Prime Minister.

b/ Lists of schemes to be submitted to the Government or the Prime Minister must be made on the basis of:

- The direction of the Politburo, the Secretariat, the National Assembly, the National Assembly Standing Committee, the Government and the Prime Minister;

- Provisions detailing the implementation of laws and resolutions of the National Assembly; ordinances and resolutions of the National Assembly Standing Committee;

- Action programs of the Government:

- Proposals of Ministries, Ministerial-level agencies, Government-attached agencies, provincial-level People's Committees and other agencies and organizations.

2. An annual work program of the Government or the Prime Minister contains two parts: part one stating orientations, tasks and major solutions of the Government in all work fields; part two containing the list of schemes to be submitted to the Government or the Prime Minister.

a/ The schemes included in an annual work program must clearly determine whether they are decided by the Government or the Prime Minister, preparing agencies and submission deadlines;

b/ The submission deadlines of schemes in annual work programs must be anticipated for every month and quarter.

3. A quarterly work program contains a part on the list of schemes to be submitted to the Government, the Prime Minister or Deputy Prime Ministers and a part on contents of Meetings of Government in the quarter.

a/ The regular meetings of Government deal with the schemes and reports stated in clause 1 Article 3 and Article 39 of this Regulation;

b/ The schemes in quarterly work programs are categorized for submission to the Prime Minister and each Deputy Prime Minister according to their assigned fields. The submission time limit of schemes in a quarterly work program are set for every month;

c/ The work program of quarter I is determined in the annual work program.

4. A monthly work program include the list of projects to be submitted to the Government, the Prime Minister, each Deputy Prime Minister and the contents of meetings of Government in the month. The work program of the first month of a quarter is defined in the quarterly work program.

5. A weekly work program includes activities of the Prime Minister and Deputy Prime Ministers, defined for every day in the week.

Article 11. Order of formulating work programs

1. Order of formulating annual work programs:

a/ Annually before October 15, the Office of Government shall send official letters requesting Ministries, Ministerial-level agencies, Government-attached agencies and provincial-level People's Committees to review their direction and administration in that year, propose orientations, tasks and major solutions of the Government and to register projects in the work program of following year and determine the work programs of quarter 1 of the registration year.

Before November 30, Ministries and agencies shall send to the Office of Government, their reports reviewing the direction and administration of their ministries and sectors and the lists of schemes which need be submitted to the Government and the Prime Minister in the following year.

Such lists must clearly define:

- The schemes falling under the deciding scope and jurisdiction of the Government and the Prime Minister as specified at point a, clause 1, Article 10 of this Regulation.

- Summarized plan on preparation of each scheme: Each registered scheme should clearly express the preparation orientation and idea, scope of regulation, coordinating agencies, evaluating agencies and deciding authority and anticipated schedule for implementation of scheme.

b/ On the basis of requirements and tasks of the Government and the Prime Minister and the lists of registered schemes of Ministries and agencies, the Office of Government shall verify the lists of schemes and preparation plans of Ministries and agencies, summarize them and draft the work programs in following year of the Government and the Prime Minister, submit them to the Prime Minister for consideration and opinion before submission to the Government for adoption at year-end regular meeting.

c/ Within no more than 10 working days after the adoption by the Government, the Office of Government shall finalize the annual work programs and submit them to the Prime Minister for permission to promulgate them, and send them to the members of Government and related agencies and organizations for implementation.

2. Order of formulating quarterly work programs:

a/ In the last month of each quarter, Ministries and agencies must assess the implementation of their work programs of such quarter, review schemes of the following quarters already included in their annual work programs and consider newly arising matters in order to propose adjustments to the work programs of following quarter.

On the 15th of the quarter's last month at the latest, the agencies shall send their proposals on adjustments to the work programs of the following quarter to the Office of Government (enclosed with the adjusted plans for implementation of each scheme).

b/ The Office of Government shall draft the quarterly work programs of the Government and the Prime Minister and submit them to the Prime Minister for decision. On the 30th of the last month of the preceding month at the latest, the Office of Government shall send the work programs of the following quarter to the Members of Government and related agencies and organizations for information and implementation.

3. Order of formulating monthly work programs:

a/ Based on the progress of preparing schemes already included in their quarterly work programs and existing and newly arising problems, Ministries and agencies shall send proposals on adjustments to their work programs of the following month to the Office of Government on the 20th of every month at the latest;

b/ Based on the quarterly work programs, the direction and administration of the Government and the Prime Minister and the adjustment proposals of Ministries and agencies, the Office of Government shall draft monthly work programs of the Government and the Prime Minister and submit them to the Prime Minister for permission to promulgate them; on the last day of every month at the latest, the Office of Government shall send them to the Members of Government and related agencies and organizations for information and implementation.

4. Order of formulating weekly work programs: The Office of Government shall coordinate with related agencies in formulating weekly work programs of the Prime Minister and Deputy Prime Ministers and send them to the Members of Government and related agencies and organizations in the afternoon of preceding week's Thursday.

5. The order of making tentative programs on formulating law and ordinance complies with the law on promulgation of legal documents. The Government’s programs on formulating decrees are incorporated into the Government's work programs.

6. Work programs may be adjusted on the basis of the direction of the Government or the Prime Minister and the proposals of Ministries and agencies. The Office of Government shall report such adjustments to the Prime Minister for decision and promptly notify them to the Members of Government and heads of related agencies.

7. The Office of Government is agency managing the work programs of the Government and the Prime Minister, shall advise the Government and the Prime Minister on formulating, adjusting, and organizing the implementation of work programs to ensure their feasibility and conformity with the direction and administration of the Government and the Prime Minister.

8. The Office of Government shall regularly coordinate with the Office of the Party Central Committee, the Office of the National Assembly, the Office of the President and related agencies in formulating and organizing the implementation of work programs of the Government and the Prime Minister.

Article 12. Preparation of schemes

1. Based on the annual work programs of the Government and the Prime Minister, the head of an agency sponsoring a scheme shall formulate a scheme preparation plan clearly defining the scope of the project; activities in need be carried out; coordinating agencies; and the time limit for submission of the project, and send that plan to the Office of Government for monitoring and urge of implementation.

The time limit for sending a plan is not later than 10 working days, for schemes in the work program of first quarter, or not later than 30 days for remaining schemes, after the promulgation of the annual work program.

2. For bills, drafts of ordinances, the formulation of implementation plans complies with the Law on promulgation of legal documents.

3. If a scheme manager wishes to change the requirements and scope of handling matters of the scheme or the submission time limit, it must report thereon to and get the consent of the Prime Minister or a Deputy Prime Minister in charge of that field.

Article 13. Monitoring and evaluation of the implementation of work programs

1. Monthly, quarterly, biannually and annually, Ministries and agencies shall review and evaluate the implementation of schemes in their work programs, notify the Office of Government of the implementation of shemes, existing and newly arising problems and handling orientations, and concurrently propose adjustments and supplements to the schemes in the forthcoming work programs.

2. The Office of Government shall assist the Prime Minister in regularly monitoring, inspecting and urging the preparation of schemes of Ministries and agencies; periodically report to the Government and the Prime Minister on the results of implementation of the work programs of the Government and the Prime Minister; and notify such results to Ministries, agencies and localities.

3. The evaluation of results of implementation of quarterly and annual work programs shall be summarized on the basis of results of implementation of monthly work programs.

4. The results of implementation of work programs are a criterion for evaluating the task performance by the Members of Government, Ministries and agencies.

Chapter 4

ORDER AND PROCEDURES FOR SUBMISSION TO SETTLE REGULAR AFFAIRS

Article 14. Types of regular affairs and settlement methods of the Prime Minister and Deputy Prime Ministers

1. For drafts of legal documents and major schemes, projects and reports under work programs: The Prime Minister and Deputy Prime Ministers shall consider and settle based on the submitted dossiers and contents and draft of document of Ministers or heads of sponsoring agencies, opinions of appraising agencies and related agencies and verification opinions of the Office of Government.

2. For other regular affairs falling under the jurisdiction of the Prime Minister, excluding those defined in clause 1 of this Article:

a/ The Prime Minister and Deputy Prime Ministers shall consider and settle them on the basis of suggestions of proposing agencies. organizations or persons while all dossiers and contents for submission and proposals and drafts of documents are prepared mainly by the Office of Government. In case there are different opinions on submitted matters, the Office of Government may hold meetings with the participation of competent representatives of related Ministries and agencies to reach agreement before submission to the Prime Minister or Deputy Prime Ministers for consideration and decision;

b/ In case of necessity, the Prime Minister or a Deputy Prime Minister may personally direct or handle an affair based on the submitted dossier and documents of related agencies, organizations or persons without requiring a report from the Office of Government. The Office of Government shall complete all procedures for promulgation of documents and archive dossiers in accordance with regulations. If detecting any problems or unsuitability, it shall report them to the Prime Minister or a Deputy Prime Minister.

3. The Prime Minister or a Deputy Prime Minister shall preside over meetings (or authorize a Government’s member to preside over meetings and report thereon later) to settle affairs which cannot be handled immediately based on the submitted dossiers stated in clause 1 and clause 2 of this Article.

4. The Prime Minister or a Deputy Prime Minister may handle affairs through inspection visits; direct working with agencies, grassroots units or localities; and reception of guests. The Office of Government shall review and compare with current regulations and finalize dossiers to issue written notices of opinions of the Prime Minister or a Deputy Prime Minister. If detecting any problems or unsuitability, it shall report them to the Prime Minister or a Deputy Prime Minister.

Article 15. Responsibility for preparation of schemes and affairs

1. For schemes being legal documents or major schemes or reports under the work programs of the Government and the Prime Minister:

a/ Ministers or heads of the sponsoring agencies shall bear full responsibility for the submitted contents and dossiers; proactively carry out all procedures to gather official comments (via meetings or sent dossiers) and receive comments of related Ministries and agencies; assess the impacts of projects or drafts of legal documents; impacts of administrative procedures for schemes or drafts of legal documents containing provisions on administrative procedures; explain and assimilate comments of appraising agencies and comments of Members of Government for finalization of draft schemes or documents before submission; complete the dossiers, directly sign the submission reports and initial the draft documents for submission to the Government or the Prime Minister; and take responsibility for the time limit of submission to the Government or the Prime Minister;

b/ Heads of coordinating agencies shall appoint participants at the request of scheme managers. Representatives of coordinating agencies shall heighten their responsibility to participate in the formulation of schemes and regularly report to, and ask for opinions of, their agency heads in the course of formulating the schemes;

c/ Agencies assigned to conduct appraisal shall appoint officers to participate in the whole process of scheme formulation; organize the appraisal of schemes or legal documents before the Ministers or heads of the sponsoring agencies officially sign for submission to the Government or the Prime Minister. The appraisal time limit must not exceed the permitted duration;

d/ The Office of Government shall monitor the whole process of scheme formulation provided for in clause 1 Article 12 of this Regulation; regularly coordinate with the sponsoring agencies in urging and inspecting the process of scheme preparation and contribute opinions in order to ensure the scheme preparation be carried out strictly according to set schedule, order and procedures, in an objective manner and strictly according to the direction of the Government and the Prime Minister; urge the appraising agencies to perform their tasks; directly verify the order and procedures and provide general advice on the submitted contents (including administrative procedures); and send cards to gather the Members of Government' comments on schemes to be submitted to the Government;

e/ For the preparation of bills, drafts of ordinances, the preparation procedures must also comply with the Law on promulgation of legal documents.

2. For other regular affairs (other than schemes and affairs defined in Clause 1 of this Article):

Ministries, localities, agencies, organizations and individuals shall submit to the Prime Minister for settlement of only affairs falling under his/her powers and responsibility. The submitted documents and reports must be clear and enclosed with relevant documents (if any).

- The Office of Government shall assume the prime responsibility for. and coordinate with related Ministries and agencies in finalizing the dossiers, procedures and drafts of documents in need promulgate for submission to the Prime Minister or a Deputy Prime Minister for decision.

- In case the report and dossier submitted by a Ministry, agency, locality, organization or individual to the Prime Minister lacks basis or grounds, the Office of Government shall gather comments of related agencies either by sending documents or holding meetings before submission thereof to the Prime Minister.

- Ministers and heads of related agencies, when consulted by the Office of Government, shall reply in writing, clearly stating their consent or dissent to or other comments on relevant contents.

Article 16. Procedures for sending official letters and reports for settling affairs

1. Necessary procedures for submitting to the Government or the Prime Minister to settle affairs:

a/ An official letter or a report submitted to the Government or the Prime Minister proposing the settlement of an affair must be clear in content and strictly comply with the settlement jurisdiction of the Government or the Prime Minister. If it is made by a Ministry or an agency or organization, it must be signed and stamped properly with competence;

b/ For a scheme submitted to the Government or the Prime Minister which, as required by law. must be enclosed with a dossier, it must comply with such law. For a scheme which is not required by law to be enclosed with a dossier, the procedures include:

- A report to the Government or the Prime Minister clearly stating the major contents of the scheme and grounds of proposals and different opinions;

- The document of the scheme-appraising agency as provided by law;

- The evaluation of the impacts of administrative procedures in the project or draft of  legal document, for those providing administrative procedures;

- The explanatory report on assimilation of comments of related agencies, including the appraisal opinions;

- The drafts of the principal document and guiding documents (if any). The drafts must be clear and specific in content so that the principal document can be implemented immediately after it is adopted;

- The implementation plan after the scheme is adopted or document is promulgated.

- Other necessary documents.

2. For agencies and organizations outside the state administrative system, the procedures for sending official letters comply with current law on clerical work. Foreign agencies and organizations may send official letters according to common practices.

3. Dossiers submitted to the Government or the Prime Minister must be listed by the Office of Government for monitoring the handling process and systematically archived.

Article 17. The receipt and finalization of submitted dossiers of Office of Government

1. The Office of Government shall only receive for submission to the Prime Minister or Deputy Prime Ministers schemes and affairs falling within the settlement scope, responsibility and jurisdiction of the Government or the Prime Minister and affairs stated in Clause 3 Article 5 of this Regulation.

2. For legal documents projects, major schemes and reports under the work programs of the Government or the Prime Minister:

a/ Within 7 working days after the receipt of a complete and valid dossier, the Office of Government shall verify the order and procedures, and provide general advice on its content (including administrative procedures) and finalize a submission report. The verification opinion of Office of Government shall be expressed in the submission card or a separate document, with clear remarks on the order, procedures and content of the scheme or legal document and administrative procedures, including the explanation on the assimilation of comments of the appraisal agency and related agencies, together with the specific proposals of Office of Government, which can be:

- Proposal on the signing or non-signing for promulgation (if the affair falls under the jurisdiction of the Prime Minister);

- Request for permission to send comment-gathering cards to Members of Government, for affairs falling under the jurisdiction of the Government when the draft has been basically agreed upon between the sponsoring agency, appraisal agency and related agencies;

- Proposal to give out the draft at a Government’s meeting or meeting of the Prime Minister or Deputy Prime Minister for comments, if the draft still has different opinions among the sponsoring agency, appraisal agency and related agencies;

- Proposal to return the draft and assign the sponsoring agency to make additional preparations, when the prepared draft fails to meet the requirements, has been made improperly with the prescribed process, scope or direction of the Government or the Prime Minister.

b/ The Office of Government takes responsibility for its verification but not for the contents of documents submitted by sponsoring agencies and does not directly make corrections on such documents;

c/ When the Prime Minister or a Deputy Prime Minister requests change of contents of a submitted draft document, the Office of Government shall transfer the dossier to the sponsoring agency for change and re­submission;

d/ The Office of Government shall issue a written notification when returning and transferring the dossier in cases defined at point a and point c of this clause.

3. For regular affairs other than those defined in Clause 2 of this Article:

a/ If the submitted affair dossier falls beyond the settlement jurisdiction of the Prime Minister and outside the affairs defined in clause 3, Article 3 of this Regulation, the Office of Government shall, on a case-by-case basis, within 2 working days, return it and clearly state the reason therefor; or transfer the dossier to an agency with settlement competence and notify the sender thereof;

b/ If the submitted affair or dossier falls within the settlement jurisdiction of the Prime Minister:

- For cases in which a complete dossier is provided or the content of the submitted matter is clear and it is not necessary to take any additional comments of related agencies, the Office of Government shall, within 5 working days after the receipt of the dossier, handle and give its advisory opinion (clearly proposing the consent or disconsent) for the Prime Minister or a Deputy Prime Minister to consider and decide;

- For cases in which comments of related agencies are required: Within 2 working days after the receipt of a dossier, the Office of Government shall assume the prime responsibility for handling, issuing documents to gather comments of related Ministries and agencies for finalization of the required procedures and the dossier, and bear full responsibility for its general advice to the Prime Minister or a Deputy Prime Minister on the settlement of the affair. For proposals of Ministries, ministerial-level agencies, provincial-level People's Committees or state-run economic groups or corporations, after summarizing the comments of related Ministries and agencies, the Office of Government shall exchange opinions with the submitting agency on the contents to be submitted to the Prime Minister or Deputy Prime Minister.

Within 20 working days after the receipt of proposals of agencies, organizations and individuals sent to the Prime Minister, the Office of Government shall finalize and submit the dossier and report to the Prime Minister or a Deputy Prime Minister for decision. The report on submission for handling affairs must clearly, fully and honestly express the opinions of agencies, including different opinions and the opinions of the proposing agency after the Office of Government has exchanged ideas again and proposals of directly-monitoring specialists, leaders of the departments and leaders of the Office of Government. This report must be enclosed with all dossiers and draft documents which need be promulgated.

If finding contents which are important, complicated or related to mechanisms or policies, requiring additional preparation, the Office of Government shall provide advice so that the Prime Minister or a Deputy Prime Minister assigns a ministry or specialized agency the prime responsibility for making preparations for submission;

c/ For urgent affairs which need be expeditiously handled or affairs personally directed by the Prime Minister or a Deputy Prime Minister, the Office of Government shall implement them as fast as possible, without having to comply with the above order and procedures. After handling them, the Office of Government shall finalize the procedures and dossiers as prescribed.

Article 18. Handling of submitted dossiers and issuance of documents

1. The Prime Minister or Deputy Prime Ministers shall handle the submitted dossiers and give their official opinions on the affair-handling cards of the Office of Government within 03 working days after they are submitted by the Office of Government.

2. Upon handling submitted dossiers, for schemes or affairs which the Prime Minister or a Deputy Prime Minister finds it is necessary to hold a meeting before decision, the Office of Government shall coordinate with related agencies in fully preparing the contents and organizing a meeting for the Prime Minister or Deputy Prime Minister.

The Prime Minister or a Deputy Prime Minister may authorize the Minister-Chairman of the Office of Government or another Government’s member to preside over such meeting and report in writing on the result of the meeting to the Prime Minister or the Deputy Prime Ministers.

3. For schemes to be decided by the Government collective as defined in Article 19 of the Law on Organization of the Government, the Prime Minister or a Deputy Prime Minister shall consider the contents and nature of each scheme before decision:

a/ To permit the discussion thereof at a Government meeting;

b/ To assign the Office of Government to send comment-gathering cards to the Members of Government after reaching agreement with the scheme manager on contents to be commented. The comment-gathering cards must be sent together with the complete dossier and documents of the scheme, including the document of the appraisal agency and verification opinion of the Office of Government with the contents as specified at point a, clause 2, Article 17 of this Regulation. The sponsoring Ministry or agency shall explain the assimilation of comments of the Members of Government. If the majority of the Members of Government agree, the sponsoring Ministry or agency shall assume the prime responsibility for finalizing the document for submission to the Prime Minister for decision; if it is not agreed by the majority of the Members of Government, the sponsoring Ministry or agency shall coordinate with the Office of Government in submitting it to the Government for discussion at the nearest meeting. In case the majority of the Members of Government agree but the scheme-sponsoring ministry or agency still sees any unsuitable matters, it shall report thereon to the Prime Minister; the presentation to the Government for re-discussion shall be considered and decided by the Prime Minister.

The time limit for the Members of Government to give their replies in the comment-gathering cards is not later than 07 working days. The time limit for the sponsoring agency to assimilate and explain the results of the collection of comment of the Members of Government through comment-gathering cards and to re-submit them to the Prime Minister is not later than 10 working days;

c/ To request the scheme manager to make additional preparations if seeing that the scheme's content is unsatisfactory.

4. Based on the decision of the Prime Minister or Deputy Prime Minister on the scheme’s content or affair, the Office of Government shall coordinate with the sponsoring agency in finalizing the draft document for signing to promulgate it:

a/ The content falling under the deciding jurisdiction of the Government or the Prime Minister must be expressed in a document to be signed by the Prime Minister or a Deputy Prime Minister;

b/ For cases in which it is not necessary to issue a document of the Government or the Prime Minister, the Office of Government shall draft an official letter or a notice and submit it to the Prime Minister or Deputy Prime Ministers for approval before it is signed for promulgation by the Minister-Chairman of the Office of Government to related agencies for information and implementation.

5. Within 30 working days, for affairs stated in clause 1, Article 14, or 15 working days, for affairs stated in clause 2, Article 14, after the receipt of a complete and valid dossier of the submitting agency, if the Prime Minister or a Deputy Prime Minister has not yet had the final decision, the Office of Government must notify the submitting agency, organization or individual of the reason therefor.

6. Within 03 working days after the Prime Minister or a Deputy Prime Minister signs the document or gives his/her direction on the handling of an affair, the Minister-Chairman of the Office of Government shall promulgate and publicize the document according to law.

Chapter 5

SESSIONS OF GOVERNMENT AND OTHER MEETINGS AND CONFERENCES OF THE GOVERNMENT AND THE PRIME MINISTER

Article 19. Meetings and conferences of the Government, the Prime Minister and the Members of Government.

1. Meetings and conferences of the Government, the Prime Minister and the Members of Government include:

a/ Regular and irregular Meetings of Government;

b/ Conferences (including conferences for implementation of socio-economic development and state budget plans and symposiums);

c/ Periodical meetings with Ministries, agencies and localities;

d/ Meetings to handle regular affairs and briefings of the Prime Minister and Deputy Prime Ministers;

e/ Meetings presided over by Members of Government to handle the Government's affairs;

f/ Other meetings.

2. In addition to face-to-face meeting, meetings and conferences of the Government and the Prime Minister may be organized via television or online.

Article 20. Regular and irregular sessions of Government

1. The Government shall hold its regular sessions once a month.

2. The Government may hold irregular meetings under decisions of the Prime Minister or at the request of at least one-third of the total number of the Members of Government to settle urgent or specialized-content affairs.

The preparation for, convening and organization of affairs related to irregular sessions comply with the direction of the Prime Minister.

3. The Prime Minister shall preside over sessions of Government. When necessary, the Prime Minister may assign a Deputy Prime Minister to preside over such session on behalf of the Prime Minister.

Article 21. Preparations for sessions of Government

1. The Prime Minister shall decide on the contents, invited participants, time and agendas of sessions of Government. Monthly regular Government sessions shall be organized before the 5th of the following month, or decided by the Prime Minister in special cases.

2. The Office of Government has tasks:

a/ To verify the order and dossier procedures and provide general advice on the contents of schemes to be presented at a session;

b/ To anticipate the contents, agenda, time and participants of a meeting and submit them to the Prime Minister for decision and notify the Members of Government of the above-mentioned matters before the sesssion opens at least 5 working days;

c/ The Minister-Chairman of the Office of Government shall sign invitations to a meeting;

d/ To send invitations to and documents of a meeting to the Members of Government and invited participants before the meeting opens at least 5 working days, except for special cases;

e/ If Ministries and agencies still hold different opinions on a scheme or report to be submitted at a Government’s session, under the direction of the Prime Minister or a Deputy Prime Minister, the Office of Government shall convene a meeting including the leaders of the drafting agency and related agencies to reach agreement before submission to the Government for consideration and decision.

Article 22. Participants in sessions of Government

1. The Members of Government must attend all sessions of Government; for special cases, if they are absent from a session or for some time during a session, they must report to and get the consent of the Prime Minister.

When absent, members of Government being Ministers or heads of ministerial-level agencies may appoint their deputies to attend on their behalf. The participant shall present before the Government the opinions of the absent Member of Government but not vote.

A session will proceed if it is attended by at least two-third of the total number of the Members of Government.

2. The Government may invite the following participants in its sessions:

a/ The President, for all Government’s sessions;

b/ The Chairman of the Nationality Council of the National Assembly, the President of the Vietnam Fatherland Front Central Committee, heads of the central bodies of People’s mass organizations, the President of the Supreme People's Court and the Director of the Supreme People's Procuracy, for meetings to discuss relevant matters;

c/ Heads of Government-attached agencies, leaders of the committees of the Party Central Committee, committees of the National Assembly, the State Auditor General and other delegates, when necessary;

d/ Chairpersons of provincial-level People's Councils and People's Committees, for attending and following online Government’s sessions at the request of the Prime Minister.

Participants who are not members of Government may present opinions but are not entitled to vote.

Article 23. Sequence of a Government’s session

1. The Minister-Chairman of the Office of Government reports on the contents and tentative agenda of the session; present and absent Members of Government, participants on behalf of the absent Members of Government and invited participants.

2. The meeting’s chairperson conducts the session.

3. The Government discusses projects one by one in the following order:

a/ The project manager presents briefly the scheme and matters requiring opinions of the Government; the presentation must not exceed 15 minutes;

b/ The Minister-Chairman of the Office of Government presents the report summarizing the opinions of Members of Government or the verification report of the Office of Government, clearly stating the opinions of the Members of Government, issues already agreed upon, issues not yet agreed upon and proposing issues to be discussed and adopted by the Government;

c/ The Members of Government express opinions, clearly stating their approval or disapproval of every point in the issues specified above, not speaking about issues already agreed upon within the scope of the project. The duration of each statement is 10 minutes at most;

d/ The Prime Minister or Deputy Prime Minister presides over the discussion of projects one by one, the Prime Minister makes conclusions and the Government votes; if seeing that the discussed issues are not clear enough, the Prime Minister proposes the Government not to vote thereon and requests the project manager to make additional preparations.

4. In necessary case, the Prime Minister requests the Members of Government or heads of other agencies to submit to the Government reports on a number of relevant matters, apart from the periodical reports as prescribed.

5. The meeting chairperson wraps up the meeting.

6. The Minister-Chairman of the Office of Government submits to the Government for adoption a Resolution of the session. If the draft Resolution of a session is sent directly to the Members of Government for comment, the written approval (or disapproval) of the draft is considered a form of voting.

Article 24. Minutes of Government’s sessions

1. The minutes of a session must express the composition, order and proceedings of the session, a list of Members of Government and participants who express opinions at the meeting (not necessarily to detail their opinions), fully specifying the Prime Minister's conclusions on each scheme and voting results, and be enclosed with a tape (disc) recording the meeting.

The Minister-Chairman of the Office of Government shall organize the writing of minutes and recording, and sign the minutes of Government’s sessions.

2. The minutes of the sessions and documents circulated in the sessions are archived as state records and preserved and used according to the confidentiality regime. The use of these minutes shall be decided by the Minister-Chairman of the Office of Government.

Article 25. Resolutions of Government’s sessions

1. A session resolution must fully and clearly express the Government's resolutions at sessions; responsibilities of the Members of Government and related agencies, organizations and individuals in the implementation of the Government’s resolutions.

2. The Minister-Chairman of the Office of Government shall organize the drafting of resolutions of sessions; issue official letters to be sent to related agencies for deploying the implementation of tasks concluded by the Prime Minister but not mentioned in the resolutions: and organize the monitoring, inspection and expedition of the implementation of affairs assigned to Ministries, agencies in the resolutions of sessions and official letters mentioned above.

Article 26. Meetings of the Prime Minister and Deputy Prime Ministers to handle regular affairs

Meetings of the Prime Minister and Deputy Prime Ministers to handle regular affairs include:

1. Meetings of the Prime Minister and Deputy Prime Ministers with scheme managers and representatives of related agencies before deciding to settle affairs.

a/ Responsibilities of the Office of Government:

- To urge scheme managers to fully prepare documents for meetings, to send invitations together with the meeting's documents to invited participants before the meeting opens at least 03 working days (in special cases, such documents can be sent later);

- To prepare locations and conditions for meetings and ensuring their safety (if meetings are organized at the Government's headquarters); to coordinate with related agencies in performing these tasks if meetings are organized outside the Government's headquarters;

- To write minutes of meetings as prescribed in clause 1, Article 24 of this Regulation;

- To assume the prime responsibility for, and coordinate with related Ministries and agencies in, drafting the notices of conclusions of the Prime Minister or Deputy Prime Ministers at the meetings; to submit them to the meetings' chairpersons for approval before issuance; to monitor and expedite the implementation of such notices, conclusions.

b/ Responsibilities of scheme managers:

- To attend meetings with members as invited, to prepare full documents as notified by the Office of Government and present them at meetings;

- To prepare explanations on necessary matters related to the contents of meetings.

- After the meetings, to finalize the schemes or documents for submission according to conclusions of the Prime Minister or Deputy Prime Ministers.

c/ Responsibilities of related agencies:

To attend meetings with members as invited and speak on relevant matters. If the leader of an agency cannot attend a meeting, he/she shall report such to the meeting chairperson and appoint a fully competent person to attend the meeting and express opinions on behalf of the leader.

2. Briefings of the Prime Minister and Deputy Prime Ministers

a/ The briefing contents include matters and affairs which the Prime Minister sees it necessary to discuss collectively, and affairs which have not yet been handled through consideration of dossiers and submission cards or via meetings of the Prime Minister or Deputy Prime Ministers;

b/ The Minister-Chairman of the Office of Government shall attend the briefings. When requested, Vice-Chairmen of the Office of Government shall attend a briefing to directly report on affairs assigned to them for monitoring. In necessary case, under the direction of the Prime Minister or a Deputy Prime Minister, the Office of Government shall additionally invite project managers or other participants to the meeting;

c/ At a briefing, the Minister-Chairman or a Vice-Chairman of the Office of Government directly monitoring the affair shall report on matters to be commented; if invited to attend, the project manager may present additional explanations at the request of the Prime Minister or a Deputy Prime Minister. The Prime Minister and Deputy Prime Ministers shall exchange ideas and the Prime Minister shall give conclusions for thoroughly handling matters or affairs one by one;

d/ Briefings are held weekly, unless otherwise decided by the Prime Minister;

e/The Office of Government shall perform the tasks defined at point a, clause 1 of this Article.

Article 27. The meetings of Government with chairpersons of provincial-level People's Councils and People's Committees

1. Annually, the Government shall organize conferences with chairpersons of provincial-level People's Councils and People's Committees in nationwide to deploy and discuss measures for implementation of socio-economic development and state budget plans and other necessary contents and tasks.

a/ The Office of Government shall submit to the Prime Minister for decision the contents, participants, time and location of a conference;

b/ Related ministries and agencies shall prepare contents and reports at the conference as assigned by the Prime Minister;

c/ At the conference, the project manager shall briefly present the contents and matters which need be discussed;

d/ Participants shall attend the conference as invited and express opinions on relevant matters;

e/ After the conference, chairpersons of provincial-level People's Councils and People's Committees and Ministries and agencies shall organize the performance of relevant affairs according to the documents adopted and conclusions of the Prime Minister at the conference.

2. When necessary, the Prime Minister may summon the chairpersons of the People's Councils and People's Committees of a number of provinces and centrally-run cities to meetings to discuss the settlement of issues related to their localities.

a/ When assigned, Ministers or heads of agencies shall assume the prime responsibility for, and coordinate with chairpersons of provincial-level People's Councils and People's Committees in, preparing reports which fall within the scope of their functions, tasks and fields of management for submission to the Prime Minister or a Deputy Prime Minister for consideration before organizing a meeting;

b/ Reports at a meeting must be sent to participants before the meeting opens at least 5 working days; at the meeting, only summarized contents are presented, clearly stating matters which need be commented, suggestions and proposals;

c/ Participants shall attend a meeting as invited and express their opinions on relevant matters:

d/ After the meeting, the chairpersons of provincial-level People's Councils and People's Committees shall organize the performance of relevant affairs as concluded by the Prime Minister.

Article 28. Symposiums

1. Symposiums shall be organized to launch or make preliminary and final reviews of the implementation of Resolutions of the Party, Resolutions of the National Assembly, major legal documents, mechanisms and policies or important tasks in the direction and administration by the Government and the Prime Minister, in scope of whole nation, a number of localities or a number of certain sectors or fields.

2. Order of organizing symposium:

a/ Based on the direction of the Prime Minister, a Deputy Prime Minister or the proposal of the Ministry or agency assigned to prepare the principal contents of the symposium, the Office of Government shall submit to the Prime Minister for decision the contents, participants, time and location of the symposium;

b/ Related Ministries and agencies shall prepare contents and reports at the symposium as assigned by the Prime Minister;

c/ At the symposium, the scheme manager shall only present the summarized contents and matters which need be discussed:

d/ Participants shall attend the symposium as invited and express their opinions on relevant matters:

e/ Under the conclusions of the Prime Minister or a Deputy Prime Minister, the Office of Government or the principal content-preparing ministry shall finalize the drafts of relevant documents and submit them to the Prime Minister or a Deputy Prime Minister for decision on promulgation.

Article 29. Meetings of Members of Government to handle affairs of the Government and the Prime Minister

1. When necessary, the Prime Minister may authorize a Government’s member to preside over a meeting to discuss an affair or a scheme before submit it to the Government or the Prime Minister.

2. For a meeting taking place at the Government's headquarters, it shall be organized as prescribed in clause 1, Article 26 of this Regulation. For a meeting taking place at the headquarters of a Ministry, the authorized ministry shall assume the prime responsibility for, and coordinate with the Office of Government in, preparing conditions for the meeting.

Chapter 6

INSPECTION OF THE IMPLEMENTATION OF DOCUMENTS AND ASSIGNED TASKS

Article 30. Purposes of inspection

1. To expedite and guide the implementation of legal documents and directive and administration documents of the Government or the Prime Minister, assigned tasks under the direction of the Prime Minister and Deputy Prime Ministers; to promptly detect and handle problems arising in reality.

2. To ensure smooth direction and administration; to firmly maintain discipline in the state administrative system, combat corruption, waste and all negative practices in the state management.

3. To heighten the sense of discipline and personal responsibility of heads of agencies as well as cadres and civil servants.

4. To enhance closeness with the grassroots units, review and draw experiences in direction and administration activities to ensure that policies are applied in real life and exert good impacts in all areas of the socio-economic life.

Article 31. Inspection principles

1. Inspection must be conducted in a regular and planned manner, concurrently be coordinated to avoid overlapping. Heads of agencies competent to inspection shall decide on inspection plans and forms.

2. Inspection must ensure democracy, publicity and lawfulness and must not trouble and obstruct normal operations of inspected subjects.

3. Wraps up inspection, there must be clear conclusions and any detected errors and violations must be properly handled.

4. Through inspection, positive improvements must be made in state management, direction and administration work and in administrative discipline.

Article 32. Scope, subjects and assignment of inspection competence

1. The Government and the Prime Minister shall comprehensively inspect the execution of legal documents of the National Assembly, the National Assembly Standing Committee, the President, the Government and the Prime Minister as well as the performance of tasks assigned to Ministers, sectors and localities.

2. Deputy Prime Ministers shall assist the Prime Minister in inspecting the implementation of the above-mentioned legal documents and tasks according to the scope and working areas assigned to them by the Prime Minister; other Members of Government shall inspect the implementation of legal documents and tasks as assigned by the Prime Minister.

3. The Minister-Chairman of the Office of Government shall assist the Prime Minister and Deputy Prime Ministers in inspecting the implementation of the above- mentioned documents and tasks in Ministries, sectors and localities as assigned by the Prime Minister or Deputy Prime Ministers; concurrently advise the Prime Minister and Deputy Prime Ministers on the implementation of regular and irregular inspection plans according to the requirements of the direction and administration of the Government and the Prime Minister.

4. Ministers, heads of ministerial-level agencies and chairpersons of provincial-level People's Committees shall inspect the implementation of documents and assigned tasks within the scope of state management in the sectors or locations under their management.

Article 33. Methods of inspection

1. The Prime Minister, Deputy Prime Ministers, Ministers, heads of Ministerial-level agencies and chairpersons of provincial-level People's Committees shall regularly, periodically or irregularly inspect according to plans for the implementation of documents and tasks within their assigned scope and competence.

2. The Prime Minister may assign Members of Government to sponsor inspections or may decide to establish teams to inspect the implementation of documents, direction and administration opinions and assigned tasks.

3. The Prime Minister and Deputy Prime Ministers shall conduct inspections via direct working sessions with Ministers, heads of Ministerial-level agencies or chairpersons of provincial-level People's Councils and People's Committees or via directly working at grassroots units when necessary.

4. The Government may establish inspection teams when necessary.

Article 34. Reporting on inspection results

1. Upon wraps up an inspection, the inspection leader shall report on inspection results; if detecting errors and violations, he/ she shall handle them according to competence or propose competent authorities to handle them according to law.

2. Periodically in the last month of each quarter, Ministries, agencies and provincial-level People's Committees shall report to the Prime Minister on the inspection of the implementation of documents and assigned tasks in the sectors or localities under their management.

3. The Office of Government shall summarize the situation and report to the Government on the inspection of the implementation of legal documents at the regular sessions of the Government in June and December.

Chapter 7

GUEST RECEPTIONS AND WORKING TRIPS

Article 35. Provisions on guest receptions

1. Apart from the receptions of foreign high-level delegations as prescribed in the Decree No. 82/ 2001/ND-CP of November 06, 2001, the Prime Minister and Deputy Prime Ministers shall also have receptions of guests under this Regulation.

2. The Prime Minister may personally or assign a Deputy Prime Minister or a Government member on behalf of the Prime Minister to receive guests of the Government or the Prime Minister (both domestic and foreign guests) at the headquarter of the Government.

3. According to the direction of the Prime Minister or a Deputy Prime Minister, the Office of Government shall assume the prime responsibility for, and coordinate with related Ministries and agencies in, serving guest receptions by the Prime Minister or Deputy Prime Minister or Government’s member, on the following grounds:

a/ At the request of a Ministry, agency, organization or a competent person or by the guests and consented by the Prime Minister or a Deputy Prime Minister;

b/ It is personally directed by the Prime Minister or a Deputy Prime Minister.

4. The Office of Government has tasks:

a/ To submit to the Prime Minister or a Deputy Prime Minister the proposals of guest reception stated at point a, clause 3 of this Article; to promptly notify the opinion of the Prime Minister or Deputy Prime Minister to related agencies:

b/ To coordinate with related agencies in preparing contents of the guest reception. If considering it   necessary and being requested by the Prime Minister or a Deputy Prime Minister, the Office of Government shall issue official letters to request related Ministries and agencies to prepare some contents and participate in the guest reception (regarding ceremonies and interpretation):

c/ To invite the necessary press and news agencies for giving information;

d/ To serve and ensure security and safety for the reception;

e/ To issue written notices on results of the guest reception under the direction of the Prime Minister or a Deputy Prime Minister and coordinate with related agencies in organizing the performance of necessary affairs. Draft notices must be approved by the Prime Minister or a Deputy Prime Minister before issuance.

Article 36. Working trips to localities and grassroots units

1. According to the direction of the Prime Minister or Deputy Prime Ministers and at the proposal of provincial-level People's Committees, the Office of Government shall formulate programs for the working visits to localities by Prime Minister or Deputy Prime Ministers.

a/ A locality that has petitions to the Government, Prime Minister for handling, must prepare and submit reports thereon to the Prime Minister at least 15 working days before the Prime Minister or a Deputy Prime Minister come for working visit;

b/ As notified by the Office of Government, related agencies must prepare the contents and report them to the Prime Minister or a Deputy Prime Minister at least 3 working days before the working visit;

The Office of Government shall submit to the Prime Minister or a Deputy Prime Minister for decision the working program, contents, time, ceremony and composition of the working team; and notify at least 3 working days in advance the plan to the locality and related agencies.

After the working trip, the Office of Government shall assume the prime responsibility for, and coordinate with related ministries and agencies in, issuing a notice of the conclusions of the Prime Minister or a Deputy Prime Minister. The draft notice must be approved by the leader of the working visit before issuance. The Office of Government shall urge the implementation of tasks stated in the notice.

2. In extraordinary or urgent cases, when a locality is hit by a natural disaster, epidemic or unexpected accident, which causes heavy material and human losses, the Prime Minister shall decide on the following forms:

a/ Directing related sectors and authorities at all levels to overcome the consequences, restore production and re-stabilize people's life;

b/ Forming an inter-sector working team of the Government, appointing its head who is a Government member and delegating him/her the power to decide on spot on some certain matters;

c/ Personally or authorizing a Deputy Prime Minister to visit the scene and direct the prevention and remedy of damage.

3. The Prime Minister's working teams shall be organized to visit and work at localities under Regulation No. 60/QD-TW of February 11, 2003 of the Politburo.

4. Members of Government and heads of Government-attached agencies shall spend time for inspection visits to localities and grassroots units and field surveys in order to review models and contact and listen to the opinions and aspirations of people for work. Depending on its contents, each working trip may be organized in an appropriate form to ensure practicality and thrift, and with or without advance notice.

Article 37. Overseas working trips

1. Overseas working trips of the Prime Minister and Deputy Prime Ministers:

a/ The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Office of Government in, formulating the program, composition of the working delegation and preparing contents of activities and protocol contents abroad for overseas working trips of the Prime Minister or a Deputy Prime Minister, and submit them to the Prime Minister for decision.

The Ministry of Foreign Affairs shall take full responsibility for the contents, work programs and protocol activities of the overseas working trips;

b/ The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with related agencies in, reporting to the Prime Minister or a Deputy Prime Minister on results of every working trip and propose documents to be promulgated and activities to be carried out;

c/ The Office of Government shall verify and submit to the Prime Minister or a Deputy Prime Minister for promulgation of necessary documents for carrying out activities after each trip; and monitor and urge the implementation of such documents and activities.

2. Apart from the working trips under program approved by the Prime Minister, other Members of Government wish to go abroad for working must apply for permission and be agreed by the Prime Minister.

Chapter 8

INFORMATION AND REPORTING ACTIVITIES

Article 38. Information and reporting to serve the direction and administration by the Government and the Prime Minister

1. Ministries, agencies and provincial-level People's Committees shall submit to the Government and the Prime Minister the following reports:

- Periodical reports (monthly, quarterly, biannual and annual) summarizing the economic, cultural and social situation, state management, security, defense, external relations, administrative reform, corruption prevention and combat and other necessary issues;

- Topical reports and extraordinary reports at the request of the Prime Minister;

- Draft reports of the Government and the Prime Minister to be submitted to the leading bodies of the Party, the National Assembly, the National Assembly Standing Committee and the President, as assigned by the Prime Minister.

2. The Ministry of Foreign Affairs shall provide external information and daily reviews of foreign mass media and send them to the Prime Minister, Deputy Prime Ministers and other Members of Government. The Ministry of National Defense and the Ministry of Public Security shall send daily reports to the Prime Minister on the defense, security and social order situation.

3. Ministries and agencies shall step up the application of information technology to their information and reporting activities to ensure fastness, accuracy and effectiveness.

4. Apart from the tasks assigned similar to other ministers, the Minister-Chairman of the Office of Government shall also perform the following tasks:

a/ To organize the building of information infrastructure at the Office of Government to effectively serve the direction and administration by the Government and the Prime Minister and other Members of Government; step up the application of information technology to Government’s sessions, meetings, working and the handling of regular affairs of the Prime Minister and Deputy Prime Ministers; to send documents and invitations to meetings via the computer network;

b/ To ensure the timely provision of accurate information for the direction and administration by the Government, the Prime Minister and Deputy Prime Ministers with daily fast reports on issues of special concern: press review reports; monthly, biannual and annual summary reports on the Government's direction and administration, and other reports at the request of the Prime Minister;

c/ To perform the tasks of the spokesperson of Government and the Prime Minister, to organize press conference in order to inform the results of Government’s sessions, and press conferences when necessary to inform important matters in the direction and administration by the Government or the Prime Minister;

d/ To prepare reports, coordinate and exchange information and participate in briefings with the Office of Party Central Committee, the President’s Office, the Office of National Assembly and the Party's Committees;

e/ To guide, inspect and urge agencies within the administrative system to strictly observe the information and reporting regime.

Article 39. Reporting at Government’s sessions

1. Monthly, the Minister of Planning and Investment shall report on the socio-economic situation and propose solutions to direct and administer the performance of planning tasks.

2. Quarterly, the Government Inspector General shall report on activities of corruption prevention and combat, inspection, and settlement of complaints and denunciations; the Minister of Home Affairs shall report on administrative reform; and the Minister-Chairman of the Office of Government shall report on the implementation of work programs and resolutions of the Government at Government’s sessions.

3. At sessions in June and December, the Minister-Chairman of the Office of Government shall report on the review of the direction and administration by the Government and the Prime Minister and the implementation of the Working Regulation of the Government.

4. Other topical and extraordinary reports as directed by the Prime Minister.

Article 40. Information on the Government's activities to People

1. The Prime Minister and other Members of Government shall implement the regime of reporting to the public on important issues through their reports before the National Assembly, answers to questions of National Assembly deputies, petitions of voters, press conferences and opinions expressed with the mass media as provided for in clause 9, Article 20 of the Law on Organization of the Government.

2. The Minister-Chairman of the Office of Government shall organize periodical or extraordinary press conferences to inform press agencies and people of important policies and decisions of the Government and the Prime Minister. When requested, related Ministries and agencies shall attend press conferences, directly speak in the conferences and take responsibility for the contents falling under their specialized management.

3. Ministers, heads of agencies and chairpersons of provincial-level People's Committees have the following tasks:

a/ To well observe the regulations on the regime of making statements and providing information to the press, facilitate for the mass media agencies to access accurate and timely information on events occurring in their sectors or localities:

b/ To organize direct dialogs with people in appropriate forms; to organize periodical press conference, press conferences upon the promulgation of important documents, implementation of major policies of the Party and the State or occurrence of other significant events;

c/ To regularly review the press and answer the press as provided for by law.

4. The Minister of Information and Communications shall sponsor weekly press briefings, invite competent leaders and spokespersons of Ministries and agencies to attend, taking the initiative in providing information for the public propagation; and assume the prime responsibility for, and coordinate with other Ministers, heads of agencies and chairpersons of provincial-level People's Committees in stepping up the application of information technology and in various appropriate forms increasing information on all aspects of the national situation.

Article 41. External information

The Minister of Foreign Affairs shall assume the prime responsibility for and coordinate with the Minister-Chairman of the Office of Government and the Minister of Information and Communications in, organizing press conferences, regularly provide information on the socio-economic situation and activities of the Government, the Prime Minister to Vietnam-based foreign press agencies and the overseas Vietnamese community.-

 

 

 


------------------------------------------------------------------------------------------------------
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

Đã xem:

Đánh giá:  
 

Thuộc tính Văn bản pháp luật 08/2012/ND-CP

Loại văn bảnNghị định
Số hiệu08/2012/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành16/02/2012
Ngày hiệu lực15/04/2012
Ngày công báo...
Số công báo
Lĩnh vựcBộ máy hành chính
Tình trạng hiệu lựcHết hiệu lực 01/10/2016
Cập nhật4 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 08/2012/ND-CP

Lược đồ Decree No. 08/2012/ND-CP promulgating the working regulation of the Government


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản bị đính chính

        Văn bản được hướng dẫn

          Văn bản đính chính

            Văn bản hiện thời

            Decree No. 08/2012/ND-CP promulgating the working regulation of the Government
            Loại văn bảnNghị định
            Số hiệu08/2012/ND-CP
            Cơ quan ban hànhChính phủ
            Người kýNguyễn Tấn Dũng
            Ngày ban hành16/02/2012
            Ngày hiệu lực15/04/2012
            Ngày công báo...
            Số công báo
            Lĩnh vựcBộ máy hành chính
            Tình trạng hiệu lựcHết hiệu lực 01/10/2016
            Cập nhật4 năm trước

            Văn bản hướng dẫn

              Văn bản được hợp nhất

                Văn bản hợp nhất

                  Văn bản gốc Decree No. 08/2012/ND-CP promulgating the working regulation of the Government

                  Lịch sử hiệu lực Decree No. 08/2012/ND-CP promulgating the working regulation of the Government