GOVERNMENT OF
VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
No. 36/2025/ND-CP |
Hanoi, February 25, 2025 |
DECREE
ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT OFFICE
Pursuant to the Law on Government Organization dated February 18, 2025;
At the request of the Minister-Chairperson of the Government Office;
The Government of Vietnam promulgates a Decree on functions, tasks, powers and organizational structure of the Government Office.
Article 1. Position and functions
The Government Office is a ministerial agency of the Government, an assisting apparatus of the Government and the Prime Minister (including Deputy Prime Ministers).
The Government Office shall act as a general advisory agency or a coordinating agency that assists the Government and the Prime Minister in organizing the Government's overall operations, leading, directing and administering activities of the Government and the State administrative system from the central to grassroots/local levels in a manner that ensures the uniformity and continuity of the national administrative system; control administrative procedures; be responsible for the provision of information serving the Government’s and the Prime Minister’s leadership, direction and administration work and the provision of information to the public in accordance with law; and fulfil physical conditions, technical and logistical requirements for the activities of the Government and the Prime Minister.
Article 2. Tasks and powers
The Government Office shall perform the tasks and powers specified in the Law on Government Organization, the Government’s regulations on functions, tasks, powers and organizational structures of ministries and ministerial agencies, and the following tasks and powers:
1. Act as a general advisory agency or a coordinating agency that assists the Government in:
a) Playing the leading role in formulating and managing the Government's work programs in accordance with law; monitor and urge ministries, ministerial agencies and governmental agencies (hereinafter referred to as “ministries and central authorities”), the People's Committees of provinces and central-affiliated cities (hereinafter referred to as “the provincial People's Committees”), and relevant agencies and organizations to execute the Government's work programs and the Government's Working Regulation; reviewing, urging, inspecting and evaluating the situation and results of the execution thereof and submit reports to the Government;
b) Cooperate with ministries, central authorities, the provincial People's Committees and related agencies and organizations in preparing and finalizing schemes, projects and draft legislative documents proposed to the Government for consideration and decision in accordance with law;
c) Playing the leading role in verifying the procedures, authority and responsibility for handling and providing general advices on contents of schemes, projects, draft legislative documents and reports in accordance with the Government's work programs and other tasks proposed by ministries, central authorities, the provincial People's Committees and related agencies and organizations to the Government; giving independent opinions on such documents and tasks;
d) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in preparing contents serving meetings and conferences of the Government and the Standing Committee of the Government;
dd) Providing advice to the Government about working relations with agencies of the CPV, the National Assembly, the Standing Committee of the National Assembly, the President, the Central Committee of the Vietnam Fatherland Front and central bodies of socio-political organizations, the Supreme People's Court and the Supreme People's Procuracy;
e) Playing the leading role in formulating schemes, projects, draft legislative documents and reports required by the Government.
2. Act as a general advisory agency or a coordinating agency that assists the Government in
a) Playing the leading role in formulating and managing the Prime Minister's work programs in accordance with law; monitoring, urging, inspecting, reviewing, assessing and reporting the situation and results of implementation of the Prime Minister's work programs; proposing major and key tasks which require concentrated leadership, direction and administration in each period, especially unexpected and sudden tasks in all fields, to the Prime Minister;
b) Playing the leading role in verifying the procedures, authority and responsibility for handling and providing general advices on contents of schemes, projects, draft legislative documents and reports in accordance with the Prime Minister's work programs and other tasks proposed by ministries, central authorities, the provincial People's Committees and related agencies and organizations to the Prime Minister; giving independent opinions on such documents and tasks;
c) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in finalizing contents, procedures, dossiers and draft documents to be submitted to the Prime Minister for consideration and decision on other regular tasks proposed by them;
d) Assisting the Prime Minister in regulating and promoting cooperation between ministries, central authorities and the provincial People's Committees in the formulation and implementation of policies and laws; between inter-sectoral cooperators headed by the Prime Minister in accordance with law;
dd) Requesting the Government or Prime Minister to assign ministries, central authorities, the provincial People's Committees and related agencies and organizations to formulate mechanisms, policies, schemes, projects and draft legislative documents for submission to competent authorities for decision; or taking the initiative in studying and proposing mechanisms and policies to the Government or the Prime Minister for consideration and decision;
e) In case there are dissenting opinions about the issues proposed to the Government or the Prime Minister, the Government Office shall promptly submit effective proposals and cooperate with Deputy Prime Ministers in presiding over urgent meetings with leaders of ministries, central authorities, the provincial People's Committees and related agencies and organizations in order to exchange and reach agreements, or clarify the issues in question before submitting proposals to the Government or Prime Minister;
g) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in formulating work reports, explanatory reports and responses to inquiries of the Government and Prime Minister before the National Assembly, the Standing Committee of the National Assembly, the President, competent authorities and the People as directed by the Prime Minister;
h) Playing the leading role in drafting and editing articles, speeches, responses to media interviews, documents (including both printed materials and videos) serving the Prime Minister and other reports, documents, and directives following the instructions given by the Prime Minister; re-editing, supplementing, and finalizing them after the Prime Minister has made an announcement or commented on these documents; at the same time, implementing long-term storage in accordance with the regulations of the CPV and the State;
i) Assisting the Prime Minister in monitoring, urging and inspecting the performance of tasks assigned by the Government or Prime Minister to ministries, central authorities, the provincial People's Committees and related agencies and organizations; proposing necessary measures to urge the performance of these tasks, overcome shortcomings and ensure observance of administrative rules and disciplines and the effectiveness and efficiency of state management to the Prime Minister;
k) Taking charge and cooperating with ministries, central authorities, the provincial People's Committees and related agencies and organizations in preparing thorough, realistic, concise, focused and targeted content that clearly defines the individuals, tasks, timelines, products, and responsibilities, in service of the Prime Minister's meetings, work sessions, and field trips and site visits;
l) Attending meetings and conferences of ministries, central authorities, the provincial People's Councils and People's Committees and related agencies and organizations; requesting ministries, central authorities, the provincial People's Committees and related agencies and organizations to provide related documents and data as well as submit reports on the performance of tasks assigned by the Government or Prime Minister; participating in inter-sectoral cooperators led by the Prime Minister as per regulations; taking the initiative in working with ministries, central authorities, the provincial People's Committees and agencies and organizations to grasp the performance of tasks serving the Government's and Prime Minister's leadership, direction and administration work;
m) Immediately returning dossiers to the senders and providing explanation or transferring dossiers to competent authorities for processing if the dossiers are incomplete, are prepared in violation of the correct procedures, regulations or are beyond the Government’s or Prime Minister’s jurisdiction or do not propose specific solutions; and submitting reports to the Prime Minister;
n) Playing the leading role in formulating schemes, projects, draft legislative documents and other documents as assigned by the Prime Minister.
3. Regarding the control of administrative procedures
a) Guide, monitor, urge and inspect the performance of administrative procedure control of ministries, central authorities and the provincial People’s Committees; consolidate reports on the performance and results of performance and submit them to the Government and Prime Minister;
b) Play the leading role in implementing administrative reform and implementing the single-window system or interlinked single-window system for handling administrative procedures at state administrative agencies; disseminating information about the administrative reform;
c) Request the Government and the Prime Minister to assign ministries, central authorities and the provincial People's Committees to study and propose guidelines, policies, solutions and initiatives for administrative reform and relevant regulations or proactively study and propose them; assess and handle results of review of administrative procedures according to law;
d) Take charge in cooperation with, and proactively and actively cooperate with ministries, central authorities, the provincial People's Committees and related agencies and organizations in promptly developing, managing and operating National Database on administrative procedures and the National Public Service Portal; performing related tasks assigned by the Government or the Prime Minister;
dd) Promptly receive and process reports and proposals of organizations and individuals concerning administrative regulations under the management of the Government, the Prime Minister and state administrative agencies in accordance with law;
e) Fully and effectively perform regular tasks of the Advisory council for administrative reform.
4. Regarding provision of information serving the Government’s and Prime Minister’s leadership, direction and administration work
a) Make daily, periodic, thematic and ad hoc reports as prescribed and other reports at the request of the Government or the Prime Minister;
b) Receive information from ministries, central authorities, the provincial People's Committees, agencies, organizations and individuals on the leadership, direction and administration of the Government and Prime Minister; proactively monitor, cooperate and follow the developments to promptly provide advice and proposals to the Government and the Prime Minister for consideration and direction of handling urgent and prominent issues of public concern;
c) Provide information to Government members, Heads of Governmental agencies, Chairpersons of the provincial People's Councils and People's Committees, State’s and CPV’s agencies and related agencies and organizations on the national socio-economic situation and the Government's and Prime Minister's leadership, direction and administration work as per regulations; promptly collect the feedbacks from the public and the press related to the leadership, direction, and administration by the Government, the Government members and promptly and accurately report them to relevant Government members;
d) Take charge and cooperate with ministries, central authorities, the provincial People's Committees and related agencies and organizations in developing, managing and operating information systems and databases assigned by the Government and Prime Minister; ensure interconnection, coordination, integration, and information sharing between the Government Office and ministries, central authorities and the provincial People's Committees to serve the Government's and Prime Minister's leadership, direction and administration work in accordance with law;
dd) Take charge in instructing and urge ministries, central authorities and the provincial People's Committees to send and receive electronic documents; process administrative procedures electronically; submit reports serving the Government’s and Prime Minister's direction and administration as per regulations.
5. Regarding provision of information to the public
a) Provide information to the public on major activities and important decisions in the Government's and Prime Minister's leadership, direction and administration, prominent political, economic and social events and other information in accordance with the provisions of law and the directives of the Prime Minister;;
b) Act as the spokesperson of the Government and Prime Minister;
c) Take charge and cooperate with ministers, central authorities, the provincial People's Committees, related agencies and organizations in organizing the Government's press conferences, periodically and ad hoc providing information for the press; provide the Prime Minister with advice on Reponses to news agencies in interviews; issue press releases in accordance with law;
d) Take charge in and take the initiative in requesting concerned agencies to adjust and request news agencies to correct information which is inaccurate or does not conform to the Government's or Prime Minister's leadership, direction and administration requirements in accordance with law;
dd) Perform state management of the official gazette; organize management, publication and distribution of the Official Gazette of the Socialist Republic of Vietnam in accordance with law;
e) Mange the organization and operation of Vietnam Government Portal to promptly, fully, accurately and effectively report and provide information.
6. Fulfil physical conditions, technical and logistical requirements for the activities of the Government and the Prime Minister in accordance with regulations of the CPV and the State.
7. Formulate and promulgate legislative documents and other documents within the Government Office’s jurisdiction in accordance with law.
8. Conduct inspections of documents and take disciplinary actions on illegal documents within its jurisdiction and according to regulations of law.
9. Organize reception and prompt processing of documents submitted by ministries, central authorities, the provincial People's Committees and related agencies, organizations and individuals to the Government and Prime Minister in accordance with the provisions of law and the directives of the Prime Minister; issue and manage documents of the Government and Prime Minister; formulate, manage and operate an e-document storage system at the Government Office in accordance with law.
10. Strictly and effectively conduct inspections and supervision; receive citizens, handle complaints and denunciations; fight corruption, practice thrift and prevent wastefulness in accordance with the provisions of law.
11. Conduct overall reviews of and provide professional instructions on office work for Offices of ministries and central authorities and offices of the provincial People's Committees.
12. Regarding officials
a) The Government Office's officials must possess good political and ethical qualities, high professional qualifications and thorough knowledge about their assigned sectors and fields; be entitled to specific benefits and preferential policies as per regulations;
b) The Government Office may proactively propose the prioritization of the transfer, rotation and secondment of officials from ministries, central authorities, agencies and local authorities to the Government Office and vice versa under its jurisdiction and in accordance with regulations of the Prime Minister and law. Ministries, central authorities, agencies and local authorities are responsible for prioritizing the transfer, rotation and secondment of officials at the request of the Government Office.
13. Manage organizational apparatus, official payroll, number of employees and working positions; decide recruitment, employment, management and implementation of other regulations and policies for officials and public employees under its management as per regulations.
14. Decide and organize the execution of programs and plans for administrative reform, application of information technology, digital transformation, and development of e-Government and digital Government of the Government Office according to the objectives, contents, overall state administrative reform programs and regulations of law.
15. Manage assigned finance, assets and other resources; manage scientific research activities; enter into international cooperation in accordance with law.
16. Perform other tasks and powers assigned by the Government or Prime Minister or in accordance with regulations of law.
Article 3. Organizational structure
The Government Office consists of the following units:
1. Department of General Affairs.
2. Department of Legal Affairs.
3. Department of General Economics.
4. Department of Industry.
5. Department of Agriculture.
6. Department of Science, Education, Culture and Social Affairs.
7. Department of Enterprise Innovation.
8. Department of International Relations.
9. Department of Internal Affairs.
10. Department of Organization of Public Affairs.
11. Department of Inspection Monitoring (Department I)
12. Department of National Assembly, Local Government and Association Affairs.
13. Department of Secretarial and Editorial Affairs.
14. Administrative Department.
15. Department of Personnel and Organization.
16. Department of Administrative Procedure Control.
17. Bureau of Administration – Finance.
18. Vietnam Government Portal (VGP).
The above units affiliated to the Government Office are administrative agencies of which functions, tasks, powers, and organizational structures are defined by the Minister-Chairperson of the Government Office. The Emblem of Vietnam may be used on the Vietnam Government Portal. Department I is comprised of 03 divisions; Department of Administrative Archives is comprised of 04 divisions.
The Minister-Chairperson of the Government Office shall propose the list of public service providers affiliated to the Government Office to the Prime Minister for promulgation.
Article 4. Transitional provisions
1. The Department of State Administrative Organization and Public Affairs, Department of Complaint, Denunciation and Anti-corruption Monitoring, Bureau of Administration and Management II, Department of Finance and Planning shall continue their operations in accordance with applicable regulations until the Minister-Chairperson of the Government Office issues a Decision defining the functions, tasks, powers, and organizational structure of the units specified in Clauses 10, 11, and 17 of Article 3 of this Decree.
2. The Vietnam Government Portal shall continue performing the assigned functions, tasks and powers according to the applicable regulations until the effective date of the Decision defining the functions, tasks, powers and organizational structure of the unit promulgated by the Minister-Chairperson of the Government Office.
Article 5. Entry into force and responsibility for implementation
1. This Decree comes into force from March 01, 2025.
2. This Decree replaces Decree No. 79/2022/ND-CP dated October 06, 2022 of the Government on functions, tasks, powers and organizational structure of the Government Office of Vietnam.
3. The Minister-Chairperson of the Government Office, Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree./.
|
ON BEHALF OF
THE GOVERNMENT OF VIETNAM |
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