What are working principles of the Government in Vietnam? What are government’s responsibilities, scope and methods for task performance in Vietnam?

1. What are working principles of the Government in Vietnam?

Pursuant to Article 2 of Working Regulation of the Government promulgated together with Decree 39/2022/ND-CP, working principles of the Government are as follows:

1. All activities of the Government must comply with regulations of the Constitution and law, submit to the Party Communist’s leadership and ensure democratic centralism. The Government works according to the regime for combining the power and responsibility of the Government collective with the power and responsibility of the Prime Minister and every Cabinet member. The Government shall make decisions under the majority rule on the issues within power of the Government.

2. Heighten Cabinet members, heads of ministries, agencies and local authorities’ sense of personal responsibility and responsibility for setting good. Every task is only assigned to a person who shall preside over and take responsibility for it. For a task assigned to a Ministry, agency or provincial People’s Committee, the Minister, the head of the agency or chairperson of the provincial People’s Committee shall assume the responsibility for it.

3. Proactively perform tasks intra vires, in accordance with procedures, regulations of law and Government’s Working Regulations. Facilitate cooperation and information exchange and promote unity upon performance of tasks by the Government.

4. Carry out duty assignment, decentralization, authority delegation or authorization in accordance with laws, individualize responsibilities in association with strengthening supervision, inspection and control of power, ensuring centralized leadership and uniform management under the authority of the Government. Promote proactiveness and creativity of heads of ministries, agencies and local authorities.

5. Exercise strict discipline and administrative discipline; subordinates obey, strictly submit to the leadership, direction and command by superiors.

6. Publicize, transparentize and innovate new activities of the Government, ministries, ministerial agencies and state administrative agencies at all levels; implement a uniform, uninterrupted, continuous, democratic, modern, upright, effective and efficient administration system that serves the People and submits to their inspection and supervision.

2. What are government’s responsibilities, scope and methods for task performance in Vietnam?

According to Article 3 of working principles of the Government promulgated together with Decree 39/2022/ND-CP, government’s responsibilities, scope and methods for task performance are as follows:

1. The Government shall uniformly manage the state administrative system from central to local government; fully exercise its tasks and powers prescribed by the Constitution and law.

2. Government’s methods for task performance:

a) Hold discussions and make resolutions at Government meetings;

b) Make resolutions through enquiries sent to Cabinet members if the Government does not hold a meeting.

3. A Government’s resolution shall be agreed by more than half of the total number of Cabinet members. In case of a tie, the Prime Minister shall have the casting vote.

4. The Government shall assign the Prime Minister to consider and decide on its behalf urgent issues to be promptly settled within its power or issues that the Government agrees on principles and guidelines to deal with. The Prime Minister shall report or assign the Deputy Prime Minister, Minister or head of a ministerial agency to report on his/her behalf the issues he/she has decided at the latest Government meeting.

5. The Government shall decentralize or delegate authority to local authorities in accordance with regulations specified in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly’s Standing Committee.

The Government shall decentralize or delegate authority to local authorities to decide or perform some tasks in state management of industries and fields within areas under their management according to their facilities and ability in association with rational allocation of resources, building of officials’ capacity and strengthening of inspection, supervision and strict control of power.

Best Regards!