Nghị định 179/2007/ND-CP

Decree No. 179/2007/ND-CP of December 3, 2007, promulgating the governments working regulation

Decree No. 179/2007/ND-CP of December 3, 2007, promulgating the governments working regulation đã được thay thế bởi Decree No. 08/2012/ND-CP promulgating the working regulation of the Government và được áp dụng kể từ ngày 15/04/2012.

Nội dung toàn văn Decree No. 179/2007/ND-CP of December 3, 2007, promulgating the governments working regulation


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 179/2007/ND-CP

Hanoi, December 3, 2007

 

DECREE

PROMULGATING THE GOVERNMENTS WORKING REGULATION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government:
At the proposal of the Minister-Director of the Government Office,

DECREES:

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

Article 2. This Regulation takes effect 15 days after its publication in CONG BAO., replacing the Governments Working Regulation promulgated together with Decree No. 23/2003/ND-CP of March 12, 2003.

Ministries, ministerial-level agencies and provincial/municipal Peoples Committees shall promulgate their working regulations consistent with this one.

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

Cabinet members, heads of government-attached agencies, chairmen of Peoples Councils and presidents of Peoples Committees of provinces and centrally run cities, and heads of concerned agencies shall implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

THE GOVERNMENTS WORKING REGULATION
(Promulgated together with the Governments Decree No. 179/2007/ND-CP of December 3, 2007)

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and subjects of regulation

1. This Regulation provides for working principles, responsibilities, styles and relations of, and procedures for settlement of affairs by, the Government and the Prime Minister.

2. Cabinet members, ministries, ministerial-level agencies as well as agencies, organizations and individuals having working relations with the Government and the Prime Minister are governed by this Regulation.

3. When a document issued by the Government or the Prime Minister before this Regulation provides procedures for settlement of affairs different from those prescribed in this Regulation, the procedures prescribed in this Regulation shall be applied.

Article 2. Working principles of the Government

1. To adopt the mechanism of collective responsibility while heightening powers and responsibilities of the Prime Minister and each cabinet member. All activities of the Government and cabinet members are placed under the Party leadership, comply with law and ensure the peoples rights and interests.

2. To heighten individual responsibility so that each person will take charge of and assume responsibility for only one job. Heads of agencies shall take the prime responsibility for the jobs assigned to them.

3. To settle affairs within its prescribed competence and assigned responsibility, according to the order and procedures prescribed by law as well as the Governments work programs and plans and Working Regulation; to regularly reform administrative procedures, ensuring publicity, transparency and efficiency.

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

Chapter 2

RESPONSIBILITIES, SCOPE AND MODES OF SETTLEMENT OF AFFAIRS

Article 3. Scope and modes of settlement of affairs by the Government

1. Within the scope of its powers and responsibilities prescribed by law, the Government shall discuss collectively and vote by majority on important issues specified in Article 19 of the Law on Organization of the Government, review its direction and administration work, the implementation of its Working Regulation, and other issues prescribed by law and falling within its competence.

2. Modes of settlement of affairs by the Government:

a/ Discussing and resolving each issue, scheme or project at regular or irregular meetings;

b/ With regard to issues which need not be discussed at the Governments meetings or should be urgently decided while conditions do not permit the organization of the Governments meetings, the Government Office shall, under the direction of the Prime Minister or deputy prime ministers, send all related dossiers (according to Point b. Clause 1. Article 16 of this Regulation) and consultation cards to every cabinet member. If most cabinet members agree, the drafting ministry shall finalize documents for the Government Office to examine and submit them to the Prime Minister for decision, and report the results to the Government at the nearest meeting. If most cabinet members disagree, the Government Office shall report such to the Prime Minister for decision on bringing those issues up for discussion at the Governments nearest meeting.

3. The Governments collective resolutions must be adopted by more than half of its members. When holding a vote at a meeting or using consultation cards, if the votes for and against are equal, the opinion voted for by the Prime Minister is the final decision.

Article 4. Responsibilities of cabinet members

1. To participate in settling general affairs of the Government collective; to join the Government collective in deciding on issues falling within the Governments competence and responsibilities; to study and propose to the Government and the Prime Minister necessary undertakings, policies, mechanisms and legal documents which fall within or beyond their domains and under the competence of the Government or the Prime Minister; to take the initiative in working with the Prime Minister and deputy prime ministers on the Governments affairs and related affairs.

Cabinet members being ministers or heads of ministerial-level agencies shall take responsibility for all contents of schemes, projects and legal documents they have prepared for submission to the Government and the Prime Minister.

2. To attend all the Governments meetings and fill in all consultation cards instead of voting at the Governments meetings.

3. To perform specific tasks in the domains under their charge and as assigned or authorized by the Government or the Prime Minister such as supervising and directing a government-attached agency; preparing and reporting schemes to the Party and the National Assembly leading agencies; monitoring and directing localities and grassroots units; heading the Governments working teams; chairing meetings with concerned ministries, branches, localities, agencies, organizations and individuals in order to report issues to the Prime Minister for decision and handling, and taking responsibility before the Prime Minister for these issues; chairing press conferences, receiving citizens and performing other tasks.

4. To implement plans on making work trips to localities and grassroots units, on receiving and talking with people about issues falling under their responsibilities or under the Governments responsibility but assigned to them; to regularly inspect and guide the implementation of policies and laws and the performance of the Governments and the Prime Ministers plans and decisions relating to the branches or domains under their charge: to thoroughly understand the practical situation in order to improve their work quality and efficiency.

5. In their activities, the Government and every cabinet member should take the initiative in closely coordinating with Party and National Assembly agencies, the Supreme Peoples Court, the Supreme Peoples Procuracy, the Central Committee of the Vietnam Fatherland Front and central agencies of mass organizations; perform all their tasks under regulations and relevant provisions; examine, settle and take the initiative in reporting, dialoguing with, and responding to petitions of, the Nationality Council and Committees of the National Assembly, questions of National Assembly deputies, proposals of the Fatherland Front and mass organizations regarding issues in the domains under their charge.

6. To have their own electronic mailboxes to receive and send information, documents, petitions, mails or invitations, and exchange opinions on relevant issues; and be equipped with facilities to do their jobs, exchange information and attend teleconferences.

7. Not to speak or act in contravention of the Governments and the Prime Ministers decisions. If having different opinions, they must still abide by such decisions but may present their opinions to the Government collective and the Prime Minister. All violations must be criticized before the Government in order to identify liabilities.

Article 5. Scope and modes of settlement of affairs by the Prime Minister

1. The Prime Minister shall perform all tasks and exercise all powers provided for by the Constitution and the Law on Organization of the Government; lead the Government, cabinet members, heads of government-attached agencies and Peoples Committees at all levels. He/she shall personally direct and administer major, important and strategic issues in all domains falling within the functions and tasks of the Government.

2. The Prime Minister has responsibility and power to settle affairs prescribed in Article 20 of the Law on Organization, of the Government and other affairs prescribed by law. which fall within his/her competence.

3. When necessary, the Prime Minister may personalise direct the settlement of important and urgent affairs which fall within the competence of ministers or provincial-level Peoples Committee presidents.

4. Modes of settlement of affairs by the Prime Minister:

a/ To directly settle affairs or assign deputy prime minister to settle affairs on his/her behalf, on the basis of dossiers and documents submitted by concerned agencies, organizations and individuals and synthesized in the Government Offices submission notes according to Article 18 of this Regulation.

b/ When necessary, to settle affairs or assign a deputy prime minister to settle affairs, on the basis of dossiers and documents submitted by concerned agencies, organizations and individuals, without requiring the Govemment Offices submission notes.

c/ To directly or assign a deputy prime minister to meet and work with leaders of concerned agencies, organizations and individuals in order to consult the latter on decisions to be made.

d/ To set up inter-branch coordinating bodies to direct the handling of complicated and important issues which are related to many branches and localities and cannot be settled in a short time.

e/ To authorize the Minister-Director of the Government Office or another minister to preside over working sessions with leaders of concerned agencies, organizations or individuals so as to synthesize issues falling within the Prime Ministers competence on which the ministries opinions remain divergent, and submit them to the Prime Minister for decision.

f/ Other modes specified in this Regulation, such as personally directing issues falling within his/her competence when necessary, making work trips to settle affairs right in localities or units, receiving citizens and guests.

Article 6. Scope of settlement of affairs by deputy prime ministers

1. The Prime Minister shall assign deputy prime ministers to assist him/her in settling affairs on the following principles:

a/ Each deputy prime minister shall be assigned by the Prime Minister to direct and regularly settle specific affairs which fall within the Prime Ministers competence in some work domains of the Government; to supervise and direct some ministries, ministerial-level agencies and government-attached agencies:

b/ Within the ambit of their assigned tasks, deputy prime ministers may, according to their powers or in the name of the Prime Minister, settle affairs and be answerable to the Prime Minister for their decisions;

c/ Each deputy prime minister shall take the initiative in settling affairs assigned to him/her; for major, important or sensitive issues, they must promptly report them to the Prime Minister; while on his/her duty, if there arise issues related to the domains under the charge of another deputy prime minister, he/she shall coordinate directly with the latter in handling those issues. When deputy prime ministers hold divergent opinions on an affair, the deputy prime minister in charge of that affair shall report such to the Prime Minister for decision.

2. Within the scope of his/her assigned tasks, a deputy prime minister has the following responsibilities and powers:

a/ To direct ministries, ministerial-level agencies, government-attached agencies, and provincial/ municipal Peoples Councils and Peoples Committees in formulating socio-economic strategies, planning and plans, ensuring defense, security and state budget; formulating mechanisms and policies, drafting laws, ordinances and legal documents for promulgation according to their competence and submission to the Government and the Prime Minister.

b/ To inspect and urge ministries, ministerial-level agencies, government-attached agencies, and provincial/municipal Peoples Councils and Peoples Committees in organizing the implementation of undertakings, policies, laws, planned tasks and state budget estimates in the domain under his/her charge; to detect and settle problems according to his/her competence, and propose necessary amendments or supplements. If detecting that ministries, ministerial-level agencies, government-attached agencies. Peoples Councils or Peoples Committees promulgate legal documents or act in contravention of law or regulations of the Government and the Prime Minister, to stop the implementation of those documents or acts, and direct the implementation in accordance with law.

c/ To regularly monitor and settle specific affairs falling within the Prime Ministers competence; to sign on behalf of the Prime Minister legal documents which fall within the latters competence in the domains or fields of work assigned by the Prime Minister;

d/ To monitor organization and personnel work, direct the settlement of internal affairs of agencies assigned by the Prime Minister, which fall within the latters competence.

3. The Prime Minister shall designate a deputy prime minister to be the permanent cabinet member to assist him/her in regulating general activities of the Government according to its work programs and at the request of the Prime Minister, sign the Governments legal documents and settle affairs under the charge of the Prime Minister in case of his/her absence.

Article 7. Scope of settlement of affairs by ministers and heads of ministerial-level agencies

1. Ministers and heads of ministerial-level agencies shall:

a/ Settle affairs within their competence prescribed in the Constitution, the Law on Organization of the Government and other legal documents, and perform tasks assigned by the Government or the Prime Minister;

b/ Handle according to their competence, and take responsibility for their decisions on, proposals of concerned ministries, agencies, organizations and individuals regarding issues falling under their state management responsibilities and competence including issues on which opinions of concerned ministries remain divergent.

c/ Consider and submit to the Government and the Prime Minister for settlement affairs falling within the latters competence.

d/ Give opinions to other ministries, agencies and provincial/municipal Peoples Committees for handling issues falling within the latters competence but relating to their management functions, branches or domains.

2. Ministers and heads of ministerial-level agencies must heighten their individual responsibility, properly exercise their powers and assigned tasks (including authorized tasks), may neither transfer affairs under their tasks or within their competence to the Prime Minister or to other agencies nor settle affairs falling within the competence of other agencies.

3. Ministers and heads of ministerial-level agencies shall take individual responsibility before the National Assembly and the Prime Minister for all affairs under their responsibilities and competence, even when they have assigned or authorized those affairs to their deputies.

Article 8. Working relations between ministers and heads of ministerial-level agencies

1. When settling affairs falling within their competence but related to the functions and tasks of other agencies, ministers and heads of ministerial-level agencies must consult relevant ministers and heads of those agencies. When consulted, ministers and heads of agencies must give written replies within 5 working days, and take responsibility for their replies; if invited to attend meetings, they must attend or authorize competent persons to attend such meetings.

Ministers and heads of agencies assigned to evaluate or examine schemes, projects or documents shall perform the assigned tasks with quality and on schedule.

2. With regard to affairs that fall outside their competence or that fall within their competence but they are unable or have not enough conditions to settle, ministers and heads of ministerial-level agencies shall take the initiative in working with concerned ministers and heads of relevant agencies in completing dossiers to be submitted to the Government or the Prime Minister for decision.

Article 9. Working relations between ministers, heads of ministerial-level agencies and Peoples Council chairmen and Peoples Committee presidents of provinces or centrally run cities

1. Ministers and heads of ministerial-level agencies shall, according to their competence, handle requests of Peoples Council chairmen and Peoples Committee presidents of provinces or centrally run cities and give written replies within 10 working days after receiving written requests, if they need not consult other agencies, or within 20 working days, if they need consult other agencies regarding contents of those requests. Upon the end of this time limit, if receiving no replies. Peoples Council chairmen or Peoples Committee presidents of provinces and centrally run cities may report to the Prime Minister for direction of relevant agencies to handle their requests.

2. If receiving requests of Peoples Council chairmen or Peoples Committee presidents of provinces or centrally run cities to work directly with them on affairs related to their specialized management domains, ministers or heads of ministerial-level agencies must prepare thoroughly for such working sessions and send relevant documents to the requesters in advance. They shall directly work or authorize their deputies to work with Peoples Council chairmen or Peoples Committee presidents of provinces or centrally run cities or the latters deputies.

3. Ministers and heads of ministerial-level agencies shall direct, guide and inspect Peoples Committees at all levels to perform tasks in the branches or domains under their charge; strictly manage their attached units based in localities and promptly rectify or handle any wrongdoings.

Chapter 3

WORK PROGRAMS OF THE GOVERNMENT AND THE PRIME MINISTER

Article 10. Work programs

1. Work programs include annual, quarterly and monthly programs of the Government and the Prime Minister; and weekly programs of the Prime Minister and deputy prime ministers.

a/ Schemes defined in this Regulation and included in work programs of the Government and the Prime Minister include:

- Contents specified in Clause 1, Article 3 of this Regulation;

- Drafts of legal documents; projects and issues related to policies, mechanisms, plannings or plans and falling within the deciding, approving and promulgating competence of the Prime Minister;

- Schemes and issues which need opinions of the Politburo, the Secretariat, the Government and the Prime Minister.

b/ Lists of schemes registered for submission to the Government and the Prime Minister must be drawn up on the basis of:

- Directions of the Politburo, the Secretariat, the Government and the Prime Minister;

- Guidance on the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee;

- Proposals of ministries, ministerial-level agencies, government-attached agencies, provincial/ municipal Peoples Committees and other agencies and organizations.

2. An annual work program of the Government and the Prime Minister consists of two parts: one on the Governments major orientations, tasks and solutions in all work domains, and the other on the list of schemes to be submitted to the Government and the Prime Minister.

a/ Each scheme stated in an annual work program must identify whether the Government or the Prime Minister will decide it, the drafting agency and the submission deadline;

b/ Deadlines for submission of schemes in an annual work program must be specified in quarter or month.

3. A quarterly work program consists of a list of schemes to be submitted to the Government and the Prime Minister and contents of the Governments meetings in the quarter.

a/ The Governments regular meetings discuss schemes and reports mentioned in Clause 1, Article 3 and Article 39 of this Regulation:

b/ Schemes in a quarterly work program are determined to be submitted to the Prime Minister or deputy prime ministers according to their domains assigned by the Prime Minister. Their submission deadlines must be specified in month.

c/ The work program for the first quarter is specified in the annual work program.

4. A monthly work program is composed of a list of schemes to be submitted to the Government, the Prime Minister and each deputy prime minister, and the agendas for the Governments monthly meetings. The work program for the first month of a quarter must be specified in the quarterly work program.

5. A weekly work program covers activities of the Prime Minister and deputy prime ministers, specified on a daily basis.

Article 11. Order of elaborating work programs

1. Annual work programs:

a/ Before October 15 annual, the Government Office shall send official letters to ministries ministerial-level agencies, government-attached agencies and provincial/municipal Peoples Committees (below referred to as ministries and agencies), requesting the latter to review their direction and administration work in the year, make proposals on major orientations, tasks and solutions of the Government, and register schemes to be included in the work program of the subsequent year.

Before November 15, ministries and agencies shall send to the Government Office reports reviewing their direction and administration work and lists of schemes to be submitted to the Government and the Prime Minister in the subsequent year.

Such a list must identify:

- Schemes falling within the deciding competence of the Government and the Prime Minister as mentioned at Point a, Clause 1. Article 10 of this Regulation.

- A brief plan on preparation for each scheme: Each registered scheme must specify contents and ideas to be prepared, its governing scope, coordinating agencies, evaluating agency, deciding authority and tentative implementation plan.

b/ Based on the Governments requirements and tasks and lists of registered schemes of ministries and agencies, the Government Office shall draft a work program of the Government and the Prime Minister for the subsequent year and submit it to the Prime Minister for consideration and comment before submitting to the Government for adoption at its regular year-end meeting.

c/ Within 10 working days after an annual work program is adopted by the Government, the Government Office shall finalize and submit it to the Prime Minister for promulgation and sending to cabinet members and concerned agencies and organizations for information and implementation.

2. Quarterly work programs:

a/ In the last month of every quarter, ministries and agencies shall assess the implementation of the work program of that quarter, review schemes for the next quarter as stated in the annual work program and consider newly arising issues so as to propose adjustments to the subsequent quarters work program.

By the 15th of the last month of a quarter, agencies shall send to the Government Office proposals on adjustments to the work program of the subsequent quarter (enclosed with adjustments to the plan for implementation of each scheme).

b/ The Government Office shall draft quarterly work programs of the Government and the Prime Minister and submit them to the Prime Minister for decision. By the 25th of the last month of a quarter, the Government Office shall send the work program of the subsequent quarter to cabinet members and concerned agencies and organizations for information and implementation.

3. Monthly work programs:

a/ Based on the schedules for preparation of schemes slated in a quarterly work program, outstanding and newly arising problems, ministries and agencies shall, by the 20th of the current month, send to the Government Office proposals on adjustments to the work program of the subsequent month.

b/ Based on the quarterly work program, the Governments and the Prime Ministers direction and administration as well as ministries and agencies proposed adjustments, the Government Office shall draft the Governments and the Prime Ministers monthly work programs and submit them to the Prime Minister for promulgation; by the 25th of every month, the Government Office shall send those programs to cabinet members and concerned agencies and organizations for information and implementation.

4. Weekly work programs: The Government Office shall coordinate with concerned agencies in drafting a weekly work program of the Prime Minister and deputy prime ministers and send it to cabinet members and concerned agencies and organizations by Friday of the preceding week at the latest.

5. The order of drafting law- and ordinance-making programs complies with the law on promulgation of legal documents.

6. Work programs may be adjusted based on the Governments and the Prime Ministers direction and requests of ministries and agencies. The Government Office shall report any adjustments to the Prime Minister for decision and promptly notify them to cabinet members and heads of concerned agencies.

7. The Government Office is responsible for managing work programs of the Government and the Prime Minister, shall advise the Government and the Prime Minister on drafting, adjusting and organizing the implementation of work programs, ensuring their conformity with the latters direction and administration requirements.

The Government Office shall regularly coordinate with the Offices of the Party Central Committee, the National Assembly, the State President and concerned agencies in drafting the Governments and the Prime Ministers work programs, ensuring their feasibility.

Article 12. Scheme preparation plans

1. Based on annual work plans of the Government and the Prime Minister, heads of agencies in charge of schemes shall organize the drafting of a preparation plan for each scheme, which should identify the scope of the scheme, jobs to be done, coordinating agencies and deadline for the schemes submission, and send the plan to the Government Office for monitoring and urging its implementation.

Plans must be sent within 10 working days, for schemes in the first quarters work program, or within 30 working days after the annual program is promulgated, for other schemes.

2. With regard to draft laws and ordinances, preparation plans must be worked out in accordance with the Law on Promulgation of Legal Documents,

3. If the owner of a scheme wants to change the schemes requirements, scope of handling matters or submission deadline, he/she shall report such to and obtain approval from the Prime Minister or the deputy prime minister in charge of the relevant domain.

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

1. Monthly, quarterly, biannually and annually, ministries and agencies shall review and assess the implementation of schemes in work programs, notify the Government Office of the implementation results, problems and solutions, and, at the same time, propose adjustments or supplements to the schemes in the subsequent work program.

2. The Government Office shall assist the Prime Minister in regularly monitoring, inspecting and urging the preparation of schemes by ministries and agencies; periodically report to the Government on results of implementation of the Governments and the Prime Ministers work programs.

3. Assessment of results of implementation of quarterly and annual work programs shall be based on the synthesization of results of implementation of monthly work programs.

Chapter 4

ORDER AND PROCEDURES FOR SETTLEMENT OF REGULAR AFFAIRS

Article 14. Types of regular affairs of and modes of settlement by the Prime Minister and deputy prime ministers

With regard to drafts of legal documents and major schemes, projects and reports under work programs, the Prime Minister and deputy prime ministers shall consider and handle them on the basis of all dossiers, reports and drafts submitted by ministers and heads of drafting agencies, opinions of evaluating agencies and concerned agencies as well as examination opinions of the Government Office.

2. For other regular affairs falling within the competence of the Prime Minister:

a/ The Prime Minister or deputy prime ministers shall consider and settle them at the request of agencies, organizations or individuals on the basis of the dossiers, contents, proposals and draft documents which are all prepared and submitted by the Government Office.

b/ When necessary, the Prime Minister or deputy prime ministers may direct or settle affairs directly on the basis of dossiers and documents submitted by concerned agencies, organizations or individuals without requiring submission notes of the Government Office.

3. The Prime Minister or a deputy prime minister shall chair meetings (or authorize a minister to chair meetings then report thereon) to settle affairs which cannot be settled immediately on the basis of submitted dossiers defined in Clauses 1 and 2 of this Article.

4. Other modes: The Prime Minister or deputy prime ministers may work directly with ministries or localities, receive guests, or pay field visits to inspect and direct affairs at the grassroots level. In these cases, the Government Office shall promptly prepare necessary documents to be submitted to the Prime Minister or deputy prime ministers for promulgation.

Article 15. Assignment of responsibilities for preparation of schemes and settlement of affairs

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

a/ Ministers or heads of drafting agencies shall take overall responsibility for submitted contents and dossiers, take the initiative in filling in all procedures for collecting and assimilating opinions of concerned ministries and agencies, including opinions of evaluating agencies and cabinet members, so as to finalize draft schemes and legal documents before submission; finalize dossiers, directly sign submission reports and initial the drafts before submitting them to the Government and the Prime Minister.

b/ The Government Office shall supervise the whole process of formulating schemes; regularly coordinate with drafting agencies, urge and inspect the process of preparing schemes, and give comments to ensure that schemes are prepared on schedule, according to the set order and procedures, objectively and in compliance with the Governments and the Prime Ministers direction; urge evaluating agencies to perform their tasks; directly examine the submission order and procedures; and send consultation cards to cabinet members for comment on the opinions to be submitted to the Government.

c/ Evaluating agencies shall appoint persons to participate in the whole process of formulating schemes; organize the evaluation of schemes and documents before ministers or heads of drafting agencies sign them for official submission to the Government and the Prime Minister. The evaluation time limit must not exceed the permitted one.

d/ Heads of coordinating agencies shall appoint persons to participate in the formulation of schemes at the request of scheme owners. Representatives of coordinating agencies shall participate with a high sense of responsibility in the formulation of schemes and regularly report to and consult heads of their agencies throughout the course of their participation.

e/ In order to finalize draft schemes, drafting agencies shall collect official opinions of concerned agencies through meetings with or sending dossiers to these agencies. The sending of dossiers for comment may be conducted via computer network or e-mail to cabinet members. Reports on the receipt and explanation of comments of concerned ministries and agencies must be included in to-be-submitted dossiers.

f/ Preparation of draft laws and ordinances must also comply with the Law on Promulgation of Legal Documents.

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

- Ministries, localities, agencies, organizations and individuals shall submit to the Prime Minister for settlement only affairs under his/her powers and responsibilities. Documents and submission reports must be explicit, enclosed with related dossiers and documents (if any). The sending of documents for submission must comply with the provisions of law.

- With respect to affairs mentioned in Clause 2 of this Article, the Government Office shall assume the prime responsibility for, and coordinate with concerned ministries and agencies in, completing dossiers, procedures and drafts of documents to be promulgated for submission to the Prime Minister or deputy prime ministers for decision.

Concerned ministers and heads of agencies shall, when consulted by the Government Office, give written replies stating their agreement or disagreement or different opinions on related issues within 5 working days; if invited to attend meetings, they shall attend or appoint competent persons to attend such meetings.

- When necessary, if the Prime Minister or deputy prime ministers directly give their opinions directing the settlement of certain affairs (without requiring submission notes of the Government Office), the Government Office shall assume the prime responsibility for, and coordinate with concerned ministries and agencies in, settling those affairs according to the direction; if detecting inappropriate issues or problems, it shall report them to the Prime Minister or deputy prime ministers for guidance.

Article 16. Procedures for sending official letters and submission reports on the settlement of affairs

1. Necessary papers to be submitted to the Government or the Prime Minister for settlement of affairs:

a/ Official letters or submission reports to the Government or the Prime Minister proposing the settlement of affairs must contain explicit contents falling within the settling competence of the Government or the Prime Minister. Documents of ministries, agencies or organizations must be duly signed and stamped.

b/ With regard to schemes mentioned at Point a, Clause 1, Article 10 of this Regulation, a to-be-submitted dossier comprises:

- A submission report to the Government and the Prime Minister, explaining major contents of the scheme, grounds of proposals and different opinions;

- The document of the scheme-evaluating agency, made according to law;

- A report on the assimilation of opinions of concerned agencies, including evaluation opinions;

- The drafts of the major legal document and the documents guiding its implementation. Contents of the drafts must be explicit and specific so that the documents may be implemented immediately as soon as the major document is approved;

- A plan on organization of implementation once the scheme is approved and the document is promulgated;

- Other necessary documents.

2. With regard to 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 follow common procedures for sending official letters.

3. The Government Office shall draw up a list of dossiers submitted to the Government and the Prime Minister for monitoring the process of their handling and systematical preservation.

Article 17. Receipt and finalization of submitted dossiers by the Government Office

1. The Government Office shall only receive for submission to the Prime Minister or deputy prime ministers schemes and affairs which fall under the latters responsibilities and competence, and affairs mentioned in Clause 3, Article 5 of this Regulation.

2. With regard to draft legal documents. major schemes and reports under the Governments or the Prime Ministers work programs:

a/ Within 7 working days after receiving a complete dossier submitted according to procedures, the Government Office shall finalize a submission note stating its examination opinions to the Prime Minister or a deputy prime minister, enclosed with the complete dossier of the scheme or the draft document. Examination opinions may be stated in the submission note or a separate document, commenting on the order and procedures of preparing the scheme or document, including explanations on the assimilation of opinions of the evaluating agency and concerned agencies, specific proposal of the Government Office, reasons and solutions. A proposal may be:

- Immediate signing or non-signing of the document for promulgation (for affairs falling within the Prime Ministers competence);

- Sending of consultation cards to cabinet members, for draft documents on affairs falling within the competence of the Government which have been basically agreed by drafting agencies, evaluating agencies and concerned agencies:

- Discussion at the Governments meetings, for drafts on which opinions remain divergent between drafting agencies, evaluating agencies and concerned agencies.

- Return of the draft to the drafting agency for further preparation, for drafts which remain unsatisfactory and fail to comply with the set procedures and direction of the Government and the Prime Minister.

b/ The Government Office shall take responsibility for its examination opinions, but not for contents of documents submitted by drafting agencies and may not directly make corrections to those documents:

c/ Upon the Prime Ministers or a deputy prime ministers request for modification of contents of submitted documents, the Government Office shall transfer dossiers to drafting agencies for modification and re-submission.

3. With regard to other regular affairs (other than the above-mentioned ones):

a/ If the submitted dossier does not fall within the handling competence of the Prime Minister, or deals with affairs other than those mentioned in Clause 3, Article 5 of this Regulation, the Government Office shall, on a case-by-case basis and within 2 working days, return the dossier and state the reason; or transfer the dossier to a competent agency for handling and notify such lo the sender;

b/ If the submitted dossier falls within the handling competence of the Prime Minister:

- For cases in which a complete dossier has been supplied or the submitted issues arc clear and need no opinions of concerned agencies for handling, within 5 working days the Government Office shall process the case or give its advisory opinion (agreement or disagreement) to the Prime Minister or deputy prime ministers for consideration and decision;

- For cases in which the dossier is incomplete: The Government Office shall assume the prime responsibility for processing, consult concerned ministries and agencies for completion of procedures and the dossier and take overall responsibility for giving advice to the Prime Minister or deputy prime ministers on the settlement of related affairs. With regard to requests of ministries, ministerial-level agencies, provincial-level Peoples Committees, economic groups or state corporations, after synthesizing opinions of concerned ministries and agencies, the Government Office shall discuss with the submitting agency on contents submitted to the Prime Minister or deputy prime ministers. Within 20 working days after receiving agencies, organizations or individuals requests to the Prime Minister, the Government Office shall finalize the dossier and submission note to the Prime Minister or deputy prime ministers for decision. A note of submission for settlement of affairs must reflect explicitly, fully and honestly opinions of agencies, including divergent opinions, and opinions of requesting agencies after discussion with the Government Office: suggestions of experts directly supervise the affairs, leaders of departments and the Government Office. A submission note for the settlement of affairs must be enclosed with a complete dossier and the draft document to be promulgated.

For major and complicated issues related to mechanisms and policies which need additional preparation, the Government Office shall advise the Prime Minister or deputy prime ministers to assign specialized ministries or agencies to make preparation for submission.

c/ For urgent affairs which need to be settled urgently or must be directed personally by the Prime Minister or deputy prime ministers, the Government Office shall take the initiative in reporting to and following the Prime Ministers or deputy prime ministers direction as soon as possible, and need not follow the above prescribed order and procedures.

Article 18. Processing of submitted dossiers and promulgation of legal documents

1. Within 3 working days after receiving a dossier submitted by the Government Office, the Prime Minister or a deputy prime minister shall process the dossier and give his/her official opinion on the submission note of the Government Office.

2. While dossiers arc being processed, if the Prime Minister or deputy prime ministers see that it is necessary to hold meetings and discussions about the schemes or affairs, the Government Office shall coordinate with concerned agencies in preparing all contents of and organizing those meetings.

The Prime Minister or deputy prime ministers may authorize the Minister-Director of the Government Office or another cabinet member to chair these meetings and send reports on the meetings results to the Prime Minister or deputy prime ministers.

3. With regard lo schemes which must be resolved collectively by the Government under Article 19 of the Law on Organization of the Government, the Prime Minister or deputy prime ministers may consider the contents and nature of each scheme before making decision to:

a/ Permit the discussion of the scheme at the Governments meetings.

b/ Assign the Government Office to send consultation cards to cabinet members. Those cards must be sent together with a complete dossier of the scheme, including the document of the evaluating agency and examination opinions of the Government Office with the contents defined at Point a, Clause 2, Article 17 of this Regulation. The drafting ministry shall give explanations and receive opinions of cabinet members. If most cabinet members agree, the drafting ministry shall finalize the scheme to be submitted to the Prime Minister for decision; if most cabinet members disagree, it shall coordinate with the Government Office in submitting the scheme to the Government for discussion at the nearest meeting. If most cabinet members agree but the drafting ministry sees inappropriate issues, it shall report them to the Prime Minister. Re-discussion of the scheme at the Governments meetings shall be considered and decided by the Prime Minister.

Cabinet members shall fill in consultation cards within 7 working days after receiving them. The drafting agency shall receive opinions of cabinet members and give explanations within 10 working days before the scheme is re-submitted to the Prime Minister.

c/ Request the scheme owner to make additional preparation if seeing that the schemes contents remain unsatisfactory.

4. Based on opinions of the Prime Minister or deputy prime ministers on the contents of schemes or affairs, the Government Office shall coordinate with drafting agencies in finalizing draft documents to be signed for promulgation:

a/ Contents failing within the deciding competence of the Government or the Prime Minister must be reflected in documents signed by the Prime Minister or deputy prime ministers;

b/ When it is unnecessary to issue a document of the Government or the Prime Minister, the Government Office shall draft an official letter or notice and submit it to the Prime Minister or deputy prime ministers for approval before its Minister-Director signs and sends it to concerned agencies for information and compliance.

5. Within 30 working days for affairs mentioned in Clause 2, Article 14; or 10 working days for affairs mentioned in Clause I of Article 14, after receiving dossiers submitted by agencies to the Prime Minister and pending the final decision of the Prime Minister or deputy prime ministers, the Government Office shall send official letters stating the reasons to submitting agencies, organizations or individuals.

6. Within 3 working days after the Prime Minister or a deputy prime minister signs documents or give direction opinions for the settlement of affairs, the Minister-Director of the Government Office shall issue and announce the documents in accordance with law.

Chapter 5

GOVERNMENT MEETINGS, MEETINGS AND CONFERENCES OF THE GOVERNMENT AND THE PRIME MINISTER

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

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

a/ The Governments regular or irregular meetings;

b/ Conferences (including conferences on implementation of socio-economic development plans and state budget estimates and theme-based conferences);

c/ Regular meetings with ministries, agencies and localities;

d/ Meetings to settle regular affairs and briefing sessions between the Prime Minister and deputy prime ministers:

e/ Meetings chaired by cabinet members to settle the Governments affairs.

f/ Other meetings.

2. In addition to face-to-face meetings, the Government and the Prime Minister may also hold videoconferences or teleconferences.

Article 20. The Governments regular or irregular meetings

1. The Government holds regular meetings once a month:

2. The Government holds irregular meetings under decisions of the Prime Minister or at the request of at least one-third of the total cabinet members.

The preparation for convening and organization of jobs related to irregular meetings shall be directed by the Prime Minister.

3. The Prime Minister shall chair the Governments meetings. In case of his absence, the permanent deputy prime minister or another deputy prime minister authorized by the Prime Minister shall chair the Governments meetings.

Article 21. Preparation for the Governments meetings

1. The Prime Minister shall decide on contents, participants, time and agendas of the Governments meetings.

A regular meeting of the Government begins on Wednesday of the last week of every month. The Prime Minister may decide to change the meeting date when necessary. The Government Office shall notify that change in advance to cabinet members at least 5 working days before the meeting starts.

2. The Government Office has the following tasks:

a/ To examine the order and procedures related to scheme dossiers submitted to a meeting.

b/ To project the meetings contents, agendas, time and participants to be submitted to the Prime Minister for decision and notify cabinet members thereof at least 5 working days before the meeting starts.

c/ The Minister-Director of the Government Office shall sign invitations to the Governments meetings.

d/ Invitations and documents of a meeting must be sent to cabinet members and other participants at least 5 working days before the meeting, except for special cases.

Article 22. Participants in the Governments meetings

1. Cabinet members shall attend all the Governments meetings; in particular cases, if they cannot attend a meeting or want to be absent from a meeting for some time, they shall report to and obtain consent from the Prime Minister.

In case of their absence, cabinet members being ministers and heads of ministerial-level agencies may appoint their deputies to attend meetings. Their substitutes shall present to the Government their opinions (if any).

A meeting shall be conducted when it is attended by at least two-thirds of cabinet members.

2. The Government may invite the following persons to its meetings:

a/ The State President, to all of its meetings;

b/ The chairman of the National Assembly Nationality Council, the president of the Presidium of the Vietnam Fatherland Fronts Central Committee, heads of central agencies of mass organizations, the president of the Supreme Peoples Court and the chairman of the Supreme Peoples Procuracy, to meetings discussing relevant issues;

c/ Heads of government-attached agencies, chairmen of provincial/municipal Peoples Councils, presidents of provincial/municipal Peoples Committees, leaders of Party Committees, the National Assembly Committees and other deputies, to attend its meetings when necessary.

Non-cabinet member participants may raise their opinions but not vote.

Article 23. Process of a Government meeting

1. The Minister-Director of the Government Office shall report the contents and a tentative agenda of the meeting; present and absent cabinet members, substitutes of absent cabinet members and invited participants.

2. The chairperson shall control the meeting.

3. The Government shall discuss each scheme in the following order:

a/ The scheme owner briefly presents the scheme and issues which need the Governments comments for not more than 15 minutes;

b/ The Minister-Director of the Government Office presents the Government Offices synthesization report and examination opinions on the scheme, stating cabinet members opinions, issues which have or have not been agreed upon, and proposals on issues to be debated and approved by the Government;

c/ Cabinet members raise their opinions, stating their agreement or disagreement on each specific issue, but not on issues already agreed upon within the scope of the scheme. The time for each member to take the floor must not exceed 10 minutes;

d/ The Prime Minister or a deputy prime minister chairs the discussion on each scheme; the Prime Minister makes conclusion on the scheme and the Government votes; if finding that the issue under discussion is not clear enough, the Prime Minister may request the Government not to vote and the scheme owner to make additional preparation for the scheme.

4. When necessary, the Prime Minister may request cabinet members or heads of other agencies to submit to the Government reports on a number of related issues, in addition to regular reports as prescribed.

5. The Minister-Director if the Government Office reports or, resolutions of the Government between two sessions of the meeting.

6. The Minister-Director of the Government Office submits to the Government for approval resolutions of the meeting.

7. The chairperson addresses to wrap up the meeting.

Article 24. Minutes of the Governments meetings

1. Minutes of a meeting of the Government must stale clearly the participants and proceedings of the meeting, the list of cabinet members and other participants who have taken the floor (no details are required), the Prime Ministers conclusions on each scheme and results of vote, enclosed with tapes (disks) recording the meeting.

The Minister-Director of the Government Office shall organize the making of minutes and recording of the meeting, and sign the minutes.

2. Minutes of meetings and documents circulated in meetings shall be kept in the state archives and preserved and used under regulations on confidentiality. The use of minutes of meetings shall be decided by the Minister-Director of the Government Office.

Article 25. Resolutions of the Governments meetings

1. Resolutions of the Governments meetings must reflect fully and explicitly the Governments decisions at the meetings; and responsibilities of cabinet members and concerned agencies, organizations and individuals in their implementation.

2. The Minister-Director of the Government Office shall organize the drafting of resolutions of the meetings; send official letters to concerned agencies for implementation of tasks already concluded by the Prime Minister but not stated in resolutions; organize the supervision, inspection, and urge the performance of tasks assigned to ministries and agencies stated in resolutions of me meetings and in the official letters.

Article 26. Meetings of the Prime Minister and deputy prime ministers lo settle regular affairs

Meetings of the Prime Minister and deputy prime ministers to settle regular affairs include:

1. In their assigned domains, the Prime Minister and deputy prime ministers may meet with scheme owners and representatives of concerned agencies to listen to their opinions and advice before deciding on the settlement of affairs;

a/ Responsibility of the Government Office:

- To urge scheme owners to prepare sufficient documents for the meetings, send invitations and documents to participants at least 3 working days before a meeting (except for special cases in which the documents may be sent later);

- To prepare venues and conditions necessary for the meetings, ensuring safety of the meetings (if held at the headquarters of the Government Office); coordinate with concerned agencies in performing these tasks if the meetings are not held at the headquarters of the Government Office:

- To make minutes of the meetings according to Point 1, Article 24 of this Regulation;

- Based on conclusions of the Prime Minister or deputy prime ministers, to assume the prime responsibility for, and coordinate with concerned ministries and agencies in, issuing notices of conclusions of the meetings. Draft notices of the Government Office must be approved by chairpersons of the meetings before their issuance. The Government Office shall assume the prime responsibility for urging the performance of the tasks already concluded by the Prime Minister or deputy prime ministers.

b/ Responsibilities of scheme owners:

- To prepare sufficient documents for the meetings according to notices of the Government Office;

- To prepare explanations about necessary issues related to contents of the meetings;

- To finalize the schemes or documents to be emitted according to conclusions of the Prime Minister or deputy prime ministers, after the meetings.

c/ Only invited persons may attend meetings and raise opinions about relevant issues. In special cases, when a ministry leader cannot attend a meeting, he/she must report such to the chairperson of the meeting and appoint a department director as his/her substitute, provided that the substitute must be vested with full powers for professional affairs so that he/she may, on behalf of the ministry leadership, express opinions about relevant issues.

2. Briefing sessions of the Prime Minister and deputy prime ministers:

a/ A briefing session covers issues and affairs on which the Prime Minister and deputy prime ministers think that collective exchange of opinions is necessary or affairs which cannot be settled through examination of dossiers and submission notes or through their meetings;

b/ The Minister-Director of the Government Office shall attend briefing sessions. When requested, deputy minister-directors of the Government Office may attend those sessions in order to directly report on the tasks assigned to them. When necessary, under the direction of the Prime Minister or deputy prime ministers, the Government Office may invite scheme owners or other persons to these meetings;

c/ At briefing sessions, the Minister-Director or deputy minister-directors of the Government Office directly monitoring affairs shall report on the affairs for comment; if scheme owners attend these sessions, they shall directly present a report. The Prime Minister and deputy prime ministers shall exchange opinions, then the Prime Minister shall make conclusions to definitely settle each affair;

d/ Briefing sessions shall be held every Monday, unless otherwise decided by the Prime Minister;

e/ The Government Office shall perform the tasks specified at Point a, Clause 1 of this Article;

f/ Only invited persons may attend meetings and raise opinions about relevant issues.

Artile 27. Meetings between the Government and Peoples Council chairmen and Peoples Committee presidents of provinces and centrally run cities

1. Annually, the Government shall organize meetings with Peoples Council chairmen and Peoples Committee presidents of provinces and centrally run cities nationwide in order to organize and discuss measures for the implementation of socio-economic development plans and state budget estimates as well as undertakings and measures for coordination in state management between central and local agencies.

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

b/ Concerned ministries and agencies shall prepare reports to be presented at the meetings under the assignment by the Prime Minister as for schemes submitted to the Government;

c/ At those meetings, scheme owners shall only briefly present their schemes and to be-discussed issues;

d/ Only invited persons may attend the meetings and raise opinions about relevant issues;

e/ After the meetings, Peoples Council chairmen and Peoples Committee presidents of provinces and centrally run cities as well as ministries and branches shall organize the performance of relevant tasks according to the approved documents and the Prime Ministers conclusions at the meetings.

2. When necessary, the Prime Minister may convene meetings with Peoples Council chairmen and Peoples Committee presidents of some provinces and centrally run cities to discuss the settlement of issues related to their localities.

a/ As assigned, ministers, heads of ministerial-level agencies or heads of government-attached agencies shall assume the prime responsibility for, and coordinate with Peoples Council chairmen and Peoples Committee presidents of provinces and centrally run cities in, preparing reports falling within their functions and tasks or management domains, to be submitted to the Prime Minister or deputy prime ministers for consideration before the meetings;

b/ Reports to be presented at a meeting must be sent to participants at least 5 working days before the meeting; they must be presented briefly at the meeting while issues which need comments, suggestions or proposals must be stated clearly;

c/ Only invited persons may attend meetings and raise opinions on relevant issues;

d/ After meetings, Peoples Council chairmen and Peoples Committee presidents of provinces and centrally run cities shall organize the study and performance of relevant tasks in their localities.

Article 28. Theme-based conferences

1. Theme-based conferences are organized to implement or preliminarily review or finally review the implementation of the Party and the National Assembly resolutions, major legal documents, mechanisms and policies or important tasks under the direction and administration of the Government and the Prime Minister throughout the country, in some localities or certain branches and domains.

2. Process of organization of a conference

a/ Based on the direction of the Prime Minister or a deputy prime minister or at the proposal of the drafting ministry or agency, the Government Office shall submit to the Prime Minister for decision the contents, participants, time and venue of the conference;

b/ Concerned ministries and agencies shall prepare reports to the conference under the assignment by the Prime Minister as for schemes submitted to the Government:

c/ At the conference, the scheme owner shall briefly present the scheme and issues to be discussed;

d/ Only invited persons may attend the conference and raise opinions on relevant issues;

e/ Under conclusions of the Prime Minister or a deputy prime minister, the Government Office or the drafting ministry shall finalize drafts of related documents and submit them to the Prime Minister or the deputy prime minister for decision on their promulgation.

Article 29. Meetings of cabinet members to settle affairs of the Government and the Prime Minister

1. When necessary, the Prime Minister may authorize a cabinet member to chair meetings to discuss the settlement of affairs and schemes submitted to the Government or the Prime Minister. These meetings may be organized at the headquarters of the Government or a ministry.

2. The responsibility for organizing the meetings is provided for in Clause I, Article 26 of this Regulation.

Chapter 6

INSPECTION OF THE IMPLEMENTATION OF LEGAL DOCUMENTS AND ASSIGNED TASKS

Article 30. Inspection purposes

1. To urge and guide the implementation of legal documents and direction and administration documents of the Government and the Prime Minister, directing opinions of the Prime Minister and deputy prime ministers regarding the assigned tasks; and promptly detect and settle problems arising in practice.

2. To ensure smooth direction and administration activities; maintain strict order and discipline in the state administrative system, fight corruption and waste and all signs of negative practices in state management.

3. To raise the sense of discipline and individual responsibility of heads of state agencies, cadres and civil servants.

4. To enhance grassroots supervision, learn direction and administration experience, ensuring that undertakings and policies are implementer effectively in all socio-economic domains.

Article 31. Inspection principles

1. Inspection must be conducted regularly according to plan and through coordination, avoiding overlap. Heads of competent inspection agencies shall decide on plans and forms of inspection.

2. Inspection must be democratic, public and law-abiding without obstructing normal operation of inspected subjects.

3. Conclusions must be made at the end of an inspection and all violations, if detected, must be handled properly.

4. Inspection must help create positive results in state management, direction, administration, administrative order and discipline.

Article 32. Scope, subjects and assignment of inspection

1. The Government and the Prime Minister shall inspect comprehensively the implementation of legal documents of the National Assembly, the National Assembly Standing Committee, the State President, the Government and the Prime Minister, and the performance of assigned tasks by ministries, branches and localities.

2. Deputy prime ministers shall assist the Prime Minister in inspecting the implementation of the above-mentioned legal documents and tasks in the domains assigned by the Prime Minister; other cabinet members shall inspect the implementation of legal documents and tasks as assigned by the Prime Minister.

3. The Minister-Director of the Government Office shall assist the Prime Minister and deputy prime ministers in inspecting the implementation of the above-mentioned legal documents and tasks when assigned by the Prime Minister or deputy prime ministers; and at the same time, advise the Prime Minister and deputy prime ministers on implementing regular or irregular inspection plans under the direction of the Government and the Prime Minister.

4. Ministers, heads of ministerial-level agencies and presidents of local Peoples Committees shall inspect the implementation of legal documents and assigned tasks in the domains and areas within their state management scope.

Article 33. Modes of inspection

1. The Prime Minister, deputy prime ministers, ministers, heads of ministerial-level agencies and Peoples Committee presidents shall implement plans on regular, periodical or extraordinary inspection of the implementation of legal documents and tasks within the assigned scope and competence.

2. The Prime Minister shall assign cabinet members the prime responsibility for inspection, the setting up of teams for inspection of implementation of legal documents governing specific domains, programs or projects which see many problems related to order or discipline, and concentrate his/her efforts on resolute direction, creating marked changes and a momentum for the preservation of order and discipline.

3. The Prime Minister and deputy prime ministers shall conduct inspection through working directly with ministers, heads of ministerial-level agencies. Peoples Council chairmen and Peoples Committee presidents of provinces and centrally run cities when necessary.

4. The Government may set up inspection teams when necessary.

Article 34. Reporting on inspection results

1. Upon the end of an inspection, the person leading the inspection shall report on inspection results and. if detecting violations, handle them according to his/her competence or propose competent authorities to handle those violations in accordance with law.

2. By the last month of every quarter, ministries, ministerial-level agencies and provincial/municipal Peoples Committees shall report to the Prime Minister on their inspection of the implementation of legal documents and assigned tasks in their management domains and areas.

3. The Government Office shall make sum-up reports to the Government on the inspection of legal documents, which shall be presented at the Governments regular meetings in June and December.

Chapter 7

GUEST RECEPTION AND WORK TRIPS

Article 35. Provisions on guest reception

1. Besides receiving high-ranking foreign delegations under the provisions of Decree No. 82/2001/ND-CP of November 6, 2001, the Prime Minister and deputy prime ministers may also have other receptions under this Regulation.

2. The Prime Minister may directly or assign a deputy prime minister or another cabinet member, on his/her behalf, to receive (both domestic and foreign) guests of the Government or the Prime Minister at the Governments headquarters.

3. Under the direction of the Prime Minister or deputy prime ministers, the Government Office shall assume the prime responsibility for, and coordinate with concerned ministries and agencies in, serving the Prime Minister, deputy prime ministers and other cabinet members to receive guests, based on:

a/ Requests of competent ministries, agencies, organizations or individuals or the guests personal requests approved by the Prime Minister or deputv prime ministers.

b/ Personal direction of the Prime Minister or deputy prime ministers.

4. The Government Office is tasked to:

a/ Submit to me Prime Minister requests for guest reception as mentioned at Point a, Clause 3 of this Article; promptly notify concerned agencies of opinions of the Prime Minister;

b/ Coordinate with concerned agencies in preparing reception contents. When necessary and at the request of the Prime Minister, to send official letters to concerned ministries and agencies, requesting preparation of a number of contents and participation in receptions (regarding protocols, translation...);

c/ Invite news agencies and press agencies to attend receptions and disseminate information thereon;

d/ Serve receptions and ensure their security and safety;

e/ Issue notices of reception results and coordinate with concerned agencies in organizing the performance of assigned tasks. Before their issue, draft notices must be approved by the Prime Minister or deputy prime ministers.

Article 36. Work trips to localities and grassroots units

1. Under the direction of the Prime Minister or deputy prime ministers and at the request of provincial/municipal Peoples Committee, the Government Office shall work out the Prime Ministers and deputy prime ministers programs on official visits to and working sessions in localities.

a/ If having proposals to the Government and the Prime Minister for handling, local administrations shall prepare reports to be submitted to the Prime Minister at least 15 days before working sessions with the Prime Minister or deputy prime ministers;

b/ At the notice of the Government Office, concerned agencies shall finalize contents and reports to the Prime Minister or deputy prime ministers at least 3 working days before their trips;

The Government Office shall submit to the Prime Minister or deputy prime ministers for decision agendas, contents, time, protocols and composition or working teams: notify concerned localities and agencies of working plans at least 3 working days in advance;

After work trips, the Government Office shall assume the prime responsibility for, and coordinate with concerned ministries and agencies in, issuing notices of conclusions of the Prime Minister or depury prime ministers. Drafts of such notices must be approved by heads of working teams before their issue. The Government Office shall urge performance of tasks mentioned in notices.

2. In extraordinary or urgent circumstances, when localities meet with natural calamities, epidemics or accidents, which cause heavy damage to their people and assets, the Prime Minister may decide to:

a/ Direct branches and authorities to remedy consequences, restore production and stabilize the peoples life;

b/ Establish the Governments inter-branch working teams, designate and authorize heads of working teams being cabinet members to make on-spot decisions;

c/ Personally make or authorize deputy prime ministers to make field trips and direct the prevention, control and overcoming of losses.

3. The organization of the Prime Ministers working teams to visit localities must comply with the provisions of Chapter I of the Politburos Decision No. 60/QD-TW of February 11, 2003.

4. Cabinet members and heads of government-attached agencies shall spend time of inspection in localities and establishments and field trips to review models, meet with and listen lo the peoples opinions and aspirations in service of their work. Each work trip must be organized appropriately, ensuring practicality and thrift, and may be conducted with or without advance notice to localities.

Article 37. Overseas work trips

1. Overseas work 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 Government Office in, working out programs and projecting the composition of working delegations and prepare work contents as well as foreign protocol-related issues for the Prime Minister and deputy prime ministers, and submit them to the latter for decision.

The Ministry of Foreign Affairs shall take overall responsibility for the implementation of work contents and programs as well as protocols of work trips.

b/ The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with concerned agencies in, reporting to the Prime Minister or deputy prime ministers on results of trips, and propose documents to be promulgated and jobs to be done;

c/ The Government Office shall examine and submit to the Prime Minister or deputy prime ministers for promulgation necessary documents for implementation following the trips; monitor and urge the implementation of those documents and tasks.

d/ The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Government Office and concerned agencies in, submitting to the Prime Minister for promulgation specific regulations on organization of overseas work trips of the Prime Minister and deputy prime ministers.

2. Other cabinet members making overseas work trips (other than those under the Governments programs approved by the Prime Minister) must ask for permission of the Prime Minister; and at the same time, designate their deputies to settle affairs on their behalf while they are away on trips.

Chapter 8

INFORMATION AND REPORTING

Article 38. Reports in service of direction and administration work of the Government and the Prime Minister

1. Reports of ministries, agencies and provincial level Peoples Committees to the Government and the Prime Minister, including:

- Periodical (monthly, quarterly, biannual and annual) reports on the economic, cultural, social, state management, security, defense, external relations, administrative reform and corruption fight efforts, and other necessary contents;

- Theme-based reports, extraordinary reports made at the Prime Ministers request;

- Drafts of the Governments and the Prime Ministers reports submitted to leading agencies of the Party, the National Assembly, the National Assembly Standing Committee and the State President under the Prime Ministers assignment.

2. The Ministry of Foreign Affairs shall supply information for foreign-relation purposes and summarize daily news on the foreign radio or newspapers, to be sent to the Prime Minister and other cabinet members. The Ministry of Foreign Affairs and the Ministry of Public Security shall send to the Prime Minister daily reports on security, defense and social order.

3. Besides having tasks like other ministers, the Minister-Director of the Government Office shall perform the following tasks:

a/ To organize the building of communication infrastructure at the Government Office for effective administration by the Government, the Prime Minister and other cabinet members; to accelerate the application of information technology to the Governments meetings as well as meetings, working sessions and settlement of regular affairs of the Prime Minister and deputy prime ministers; and send documents and invitations via computer network;

b/ To ensure the prompt supply of accurate information in service of direction and administration work of the Government, the Prime Minister and deputy Prime ministers through daily brief reports on issues arising and falling within the competence of the Prime Minister to which he should pay special attention for direction; news paper review reports; monthly, biannual and annual summary reports on the Governments direction and administration work; and other reports at the request of the Prime Minister;

c/ To perform the task of a spokesperson of the Government and the Prime Minister, organize press conferences to inform results of the Governments meetings and, when necessary, to inform important issues in direction and administration work of the Government and the Prime Minister;

d/ To coordinate, exchange information and join in briefing sessions with the Offices of the Party Central Committee, the State President and the National Assembly and the Party Commissions: and make wrap-up reports according to requirements on briefing sessions with permanent members of the Secretariat of the Party Central Committee;

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

4. Ministries and agencies shall step up the application of information technology to their information and reporting work ensuring quickness, accuracy and efficiency.

Article 39. Reporting at the Governments meetings

1. Monthly, the Minister of Planning and Investment shall report on the socio-economic situation and propose solutions for the direction and administration of planned tasks; the Governments Inspector General shall report on anti-corruption work, inspection, and settlement of complaints and denunciations; the Minister of Home Affairs shall report on administrative reform; and the Minister Director of the Government Office shall report on the implementation of the Governments work programs and resolutions between two meetings.

2. The Minister-Director of the Government Office shall make (biannual and annual) reports reviewing the Governments and the Prime Ministers direction and administration work as well as the implementation of the Governments working Regulation.

3. Other theme-based and extraordinary reports at the direction of the Prime Minister.

Article 40. Providing information on the Governments operation to the public

1. The Prime Minister and other cabinet members shall abide by regulations on reporting to the public on important issues through the Governments reports before the National Assembly, cabinet members answers to questions of the National Assembly deputies, press conferences and addresses to mass media agencies according to Clause 9, Article 20 of the Law on Organization of the Government.

2. The Minister-Director of the Government Office shall organize periodical or extraordinary press conferences to inform press agencies and the people of important policies and decisions of the Government and the Prime Minister. When requested, concerned ministries and agencies shall attend and address press conferences, and take responsibility for affairs falling in their specialized domains.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees are tasked to:

a/ Well implement the regulations on addressing and supply views and responses to the press in accordance with the provisions of law.

Article 41. Information for foreign service

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

2. The Minister of Information and Communication shall assume the prime responsibility for, and coordinate with other ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees in, accelerating the application of information technology and appropriate modes to expand the dissemination of information on all aspects of the country to foreign countries.

 

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Thuộc tính Văn bản pháp luật 179/2007/ND-CP

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            Decree No. 179/2007/ND-CP of December 3, 2007, promulgating the governments working regulation
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                  Lịch sử hiệu lực Decree No. 179/2007/ND-CP of December 3, 2007, promulgating the governments working regulation