Introduction
Role
of the Government
The Government is the executive organ of the
National Assembly, exercises the executive power, and is the highest organ of
State administration of the Socialist Republic of Viet Nam.
The Government is accountable to the National
Assembly and shall make its reports to the National Assembly, its Standing Committee,
and the State President.
Organization
of the Government
1. The Government shall be composed of the Prime
Minister, the Deputy Prime Ministers, the Ministers, and heads of organs of
ministerial rank.
The structure and number of members of the
Government are decided by the National Assembly.
The Government shall operate as a collegium and take
its decisions by a vote of the majority.
2. Prime Minister is the head of the Government, is
accountable before the National Assembly on the activities of the Government
and assigned duties; and shall report to the National Assembly, the National
Assembly Standing Committee, and the State President on the activities of the
Government and the Prime Minister.
3. The Deputy Prime Ministers shall assist the Prime
Minister in the performance of his duties, as required by him, and are responsible
to the Prime Minister. In the absence of the Prime Minister, one of his
Deputies shall be delegated by him to direct the work of the Government.
4. The Ministers and Heads of organs of ministerial
ranks shall be personally accountable to the Prime Minister, the Government,
and the National Assembly on their respective fields and branches, and shall be,
together with other members of the Government, collectively accountable for the
activities of the Government.
Duties
and authorities of the Government
1. To organize the implementation of the Constitution,
the laws, and resolutions of the National Assembly, ordinances and resolutions
of the National Assembly Standing Committee, and decrees and decisions of the
State President.
2. To initiate and build policies, and to propose
them to the National Assembly, and the National Assembly Standing Committee for
decision or to decide on these policies according to its authorities to
exercise its duties; to propose draft laws, and draft state budget and other
projects to the National Assembly; to propose draft ordinances to the National
Assembly Standing Committee.
3. To exercise uniform management of the economy,
culture, society, education, healthcare, science, technology, environment,
information, media, international relations, national defense, national
security, and social order and security; to exercise the decisions on
mobilization and the state of emergency and carry out all other necessary measures
to protect the Fatherland and to safeguard the live and the property of the
people.
4. To propose to the National Assembly to create and
remove ministry, and ministerial organs, and to establish, merge, divide, or
adjust the boundaries of provinces and centrally-run cities, or special
administrative-economic units; to propose to the National Assembly Standing
Committee to establish, merge, divide, or adjust the administrative boundaries
below provinces and centrally–run cities.
5. To exercise the uniform management of the
national bureaucracy; exercise the management of cadres, civil servants, officials,
and public services in stage organs; to exercise the work of inspection and
examination, and handling of citizens’ complaints and denunciations; to fight
against authoritativeness and corruption in the state apparatus; to direct the
work of ministries, ministerial organs, Government-attached bodies, the People’s
Committees at all levels; to guide and control the People’s Councils in their
implementation of their legal duties and authorities.
6. To protect the rights and interests of the State
and society, human rights, and citizens’ rights; ensure social order and
security.
7. To negotiate and conclude international treaties
in the name of the State as delegated by the State President; to negotiate,
sign, ratify and accede to international treaties in the name of the
Government, except the international treaties proposed to the National Assembly
for approval as provided by Clause 17, Article 70 of the 2013 Constitution; to
protect the interests of the State, the legitimate interests of Vietnamese
organizations and citizens in foreign countries.
8. To coordinate with the Central Committee of the
Viet Nam Fatherland Front and central bodies of socio-political organizations
in the exercise of its duties and authorities.
Term
of the Government
The tenure of the Government is the same as that of
the National Assembly. When the tenure of the National Assembly ends, the
Government shall continue in office until the new legislature establishes a new
Government.