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The structure of the number of Government members is decided by the Prime Minister and submitted to the National Assembly for decision.

Báo Đại Đoàn KếtBáo Đại Đoàn Kết18/02/2025

On February 18, with 96.86% of National Assembly delegates present in agreement, the National Assembly voted to pass the Law on Government Organization (amended).


Regarding the organizational structure and members of the Government, the Law stipulates: The Government consists of the Prime Minister, Deputy Prime Ministers, Ministers and Heads of ministerial-level agencies. The structure and number of Government members shall be decided by the Prime Minister upon submission to the National Assembly. The organizational structure of the Government consists of Ministries and ministerial-level agencies. The establishment and abolition of Ministries and ministerial-level agencies shall be decided by the Government upon submission to the National Assembly. The term of the Government shall follow the term of the National Assembly. When the National Assembly's term expires, the Government shall continue to perform its duties until the new National Assembly establishes a Government.

Principles of organization and operation of the Government, the Law stipulates, the organization of the administrative apparatus for multi-sectoral, multi-field management, streamlined, efficient, effective, and efficient; ensuring the principle that lower-level agencies submit to the leadership, direction, and strictly comply with the decisions of higher-level agencies. Clearly define the tasks, powers, and responsibilities between the Government, the Prime Minister, and Ministers, Heads of ministerial-level agencies, and the functions and scope of management between Ministries and ministerial-level agencies; ensuring the principle of collective leadership, individual responsibility, and promoting the personal responsibility of the head.

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National Assembly deputies vote to pass the draft Law. Photo: Quang Vinh.

In addition, the decentralization and delegation of authority between the Government and local authorities must be reasonable, ensuring the Government's unified management and promoting the initiative, creativity and self-responsibility of local authorities. The decentralization and delegation of authority must ensure clear subjects, contents, scope of tasks, powers, publicity, transparency, accountability, supervision, inspection, examination and control of power according to the provisions of the Constitution and laws.

The Law also stipulates: Decentralization is the National Assembly's regulation of the tasks and powers of agencies, organizations and individuals in laws and resolutions, ensuring compliance with the principles of delimitation of authority prescribed in this Law, the Law on Organization of the National Assembly, the Law on Organization of Local Government and other relevant laws. The determination of the tasks and powers of the Government and the Prime Minister and the division of tasks and powers between central state administrative agencies and local governments must be consistent with the principles of delimitation of authority, tasks and powers of the Government, the Prime Minister, Ministers and Heads of ministerial-level agencies prescribed in this Law and the conditions, characteristics, resources and capacity of localities; ensuring the initiative and autonomy of local governments in making decisions, organizing implementation and taking responsibility for the tasks and powers delegated.

In addition, central government agencies are responsible for guiding, coordinating, and cooperating with local authorities in their decentralized tasks and powers. Local authorities proactively coordinate regional and inter-regional linkages in socio-economic development within their decentralized scope.

Regarding decentralization, the Law stipulates: Decentralization in the system of state agencies is when an agency or person with authority assigns another agency, organization or individual to continuously and regularly perform one or several tasks and powers assigned to them according to the provisions of law, with conditions ensuring the performance of such tasks and powers according to the principle that the agency, organization or individual being decentralized is fully responsible for the results of the performance of the decentralized tasks and powers. Decentralization must be stipulated in legal documents of the agency or person with authority to decentralize.

The Government and the Prime Minister shall decentralize to Ministers and Heads of ministerial-level agencies as heads of ministries, ministerial-level agencies, heads of government agencies, People's Councils, People's Committees, and Chairmen of People's Committees, except in cases where the law stipulates that decentralization is not permitted.

Ministers and heads of ministerial-level agencies shall delegate authority to the People's Council, People's Committee, Chairman of the People's Committee, organizations and units under the Ministry or ministerial-level agency, except in cases where the law stipulates that delegation is not permitted.

Along with that, regarding authorization, the Law stipulates: Authorization in the state agency system is the act of an agency, organization, or authorized person assigning another agency, organization, or individual to perform within a specified period of time one or several tasks and powers that they are assigned according to the provisions of law, according to the principle that the agency, organization, or authorized person is responsible for the results of performing the assigned tasks and powers. Authorization must be expressed in a document of the agency, organization, or authorized person.

The Prime Minister is authorized to delegate authority to Ministers, Heads of ministerial-level agencies, Heads of Government agencies, People's Committees of provinces and centrally run cities (hereinafter referred to as provincial level), and Chairmen of provincial People's Committees; Ministers and Heads of ministerial-level agencies are authorized to People's Committees of provinces and Chairmen of provincial People's Committees, except in cases where the law stipulates that decentralization or delegation is not allowed.

The authorization must ensure the following conditions: The authorization must be consistent with the capacity and ability to perform the tasks and powers of the authorized agency or person. The authorizer is responsible for monitoring, guiding, and inspecting the performance of the delegated tasks and powers; is responsible before the law for the legality of the authorization; is responsible for the results of the performance of the delegated tasks and powers, except in cases where the authorized agency or person does not perform in accordance with the content, scope, and time limit specified in Clause 5 of this Article. In cases where the authorization results in the need to change the order, procedures, and authority to perform the delegated tasks and powers, the provisions of Clause 6, Article 8 of this Law shall apply.

Immediately after the National Assembly passed the Law on Organization of the Government (amended), the National Assembly held a separate meeting; discussed in the Delegation about: Draft Resolution of the National Assembly on the organization of National Assembly agencies; Draft Resolution of the National Assembly on the number of members of the Standing Committee of the 15th National Assembly (amended); Contents on personnel work.



Source: https://daidoanket.vn/co-cau-so-luong-thanh-vien-chinh-phu-do-thu-tuong-chinh-phu-trinh-quoc-hoi-quyet-dinh-10300061.html

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