DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE GOVERNMENT OFFICE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the Minister-Director of the Government Office,

DECREES:

Article 1. Position and functions

The Government Office is a ministerial-level agency assisting the Government and the Prime Minister.

The Government Office functions to advise and assist the Government in organizing the Governments general activities and the Prime Minister (including deputy prime ministers) in directing and administering the operation of the Government and the state administrative system from the central to grassroots level; supply information for the Governments and the Prime Ministers direction and administration work and to the public in accordance with law; and ensure material and technical conditions for the operation of the Government and the Prime Minister.

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The Government Office has the tasks and powers specified in the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To advise and assist the Government in:

a/ Formulating and managing the Governments work programs in accordance with law;

b/ Monitoring and urging ministries, ministerial-level agencies and government-attached agencies (below referred to as ministries and branches for short), Peoples Committees of provinces and centrally run cities (below referred to as provincial-level Peoples Committees for short), and concerned agencies and organizations to implement the Governments work programs and Work Regulation;

c/ Regularly coordinating with ministries, branches, provincial-level Peoples Committees and concerned agencies and organizations in preparing and finalizing the Governments schemes, projects and draft legal documents to be submitted to the Government for consideration and decision in accordance with law;

d/ Verifying the order of and procedures for preparing, and giving independent evaluation opinions on, schemes, projects, draft legal documents, important reports under the Governments work programs and other works submitted to the Government by ministries, branches, provincial-level Peoples Committees or concerned agencies or organizations;

e/ Formulating schemes, projects and draft legal documents and making reports as assigned by the Government;

f/ Assuming the prime responsibility for, and coordinating with ministries, branches, provincial-level Peoples Committees and concerned agencies and organizations in, preparing and serving the Governments regular and irregular meetings, meetings with local leaders as well as other meetings and symposiums.

2. To advise and assist the Prime Minister in:

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b/ Proposing the Prime Minister to assign ministries, branches, provincial-level Peoples Committees and concerned agencies and organizations to formulate mechanisms, policies, schemes, projects and draft legal documents and submit them to competent authorities for decision;

c/ Verifying the order of and procedures for preparing, and giving independent evaluation opinions on, schemes, projects, draft legal documents and reports under the Prime Ministers work programs, and other works submitted to the Prime Minister by ministries, branches, provincial-level Peoples Committees and concerned agencies and organizations;

d/ Assuming the prime responsibility for, and coordinate with ministries, branches, provincial-level Peoples Committees and concerned agencies and organizations in, completing contents, procedures, dossiers and draft documents to be submitted to the Prime Minister for consideration and decision, for other routine works;

e/ Formulating schemes, projects and draft legal documents as assigned by the Prime Minister;

f/ Assuming the prime responsibility, as authorized by the Prime Minister, for working with leaders of concerned agencies and organizations and individuals to deal with matters falling within the Prime Ministers competence on which opinions of ministries, branches and provincial-level Peoples Committees remain divergent;

g/ Assuming the prime responsibility for elaborating, editing or finalizing the Prime Ministers draft reports and important speeches;

h/ Assisting the Prime Minister in directing the implementation of Regulations on work coordination between the Government and agencies of the Party, the National Assembly, the State President and the Central Committee of the Vietnam Fatherland Front, and central agencies of socio-political organizations, the Supreme Peoples Court and the Supreme Peoples Procuracy;

i/ Assisting the Prime Minister in examining ministries, branches, provincial-level Peoples Councils and Peoples Committees and concerned agencies and organizations in performing jobs which fall under the Prime Ministers examination competence in order to report and propose to the Prime Minister necessary measures to urge the implementation and ensure the observance of administrative rules and disciplines;

j/ Requesting ministries, branches, provincial-level Peoples Councils and Peoples Committees and concerned agencies and organizations to report on the situation and results of implementation of legal documents and direction and administration documents of the Government or the Prime Minister;

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3. To supply information:

a/ To supply information for the Governments and the Prime Ministers leadership, direction and administration work; to manage and maintain the continuous operation of the Governments wide-area network;

b/ To observe regulations on regular and irregular reporting to the Prime Minister; to inform cabinet members, heads of government-attached agencies, chairmen of provincial-level Peoples Councils, presidents of provincial-level Peoples Committees, Party and State agencies, and concerned agencies and organizations of the national socio-economic situation, the Governments activities and the Prime Ministers direction and administration work;

c/ To supply to the public information on the Governments and the Prime Ministers major activities and important decisions, outstanding economic, political and social events of public concern according to law and under the Prime Ministers direction;

d/ To perform the task of making statements of the Government in accordance with law;

e/ To manage, publish and distribute Cong Bao (the Official Gazette) of the Socialist Republic of Vietnam;

f/ To manage the organization and operation of the Governments E-Portal.

4. To ensure material and technical conditions for activities of the Government and the Prime Minister.

5. To elaborate and promulgate legal documents and other documents according to its competence prescribed by law.

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7. To review and provide professional guidance on clerical work for Offices of ministries, branches and Offices of provincial-level Peoples Committees.

8. Regarding cadres and public employees:

a/ The Government Offices cadres and public employees must possess good political and ethical qualities, high professional qualifications and a thorough knowledge of the branches and domains under their charge; and are entitled to benefits and policies prescribed by law;

b/ The Government Office may propose the transfer of cadres and public employees from ministries, branches, agencies or localities to the Government Office according to the Prime Ministers regulations.

Ministries, branches, agencies and localities shall create conditions for cadres and public employees to move to work for the Government Office.

9. To manage its organizational apparatus and payroll; to implement the salary regime and regimes and policies on treatment, commendation and disciplining; provide professional training and retraining for its cadres and public employees and those of inter-branch consultancy, direction and coordination organizations as assigned by the Prime Minister.

10. To manage finance, assets, projects and scientific research work.

11. To perform other tasks and exercise other powers assigned by the Government or the Prime Minister or according to law.

Article 3. Organizational structure

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2. The Secretariat-Editorial Department.

3. The Law Department.

4. The General Economy Department.

5. The Branch Economy Department.

6. The Enterprise Renewal Department.

7. The International Relations Department.

8. The Internal Affairs Department.

9. The Department for Complaints, Denunciations and Anti-Corruption.

10. The Department for Localities.

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12. The Department for State Administrative Organization and Public Duties.

13. The Administrative Affairs Department.

14. The Organization and Personnel Department

15. The Financial Affairs Department.

16. The Administration Department.

17. The Administrative Affairs-Administration Department II.

18. The Governments E-Portal.

19. The Informatics Center.

The Administrative Affairs Department, the Organization and Personnel Department, the Financial Affairs Department, the Administration Department and the Administrative Affairs-Administration Department II may organize sections.

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The Minister-Director of the Government Office shall submit to the Prime Minister for promulgation decisions defining the functions, tasks, powers and organizational structure of the Governments E-Portal and a list of other non-business units attached to the Government Office.

Article 4. Implementation effect

This Decree takes effect 15 days after its publication in CONG BAO and replaces the Governments Decree No. 18/2003/ND-CP of February 20, 2003, defining the functions, tasks, powers and organizational structure of the Government Office; to annul all previous regulations which are contrary to this Decree.

Article 5. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level Peoples Committees shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

Nghị định 33/2008/NĐ-CP quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Văn phòng Chính phủ