Chater VIII
THE GOVERNMENT
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- ARTICLE 109:
The Government is the executive organ of the National Assembly, the
highest organ of State administration of the Socialist Republic of Vietnam.
The Government shall carry out overall management of the work for the
fulfillment of the political, economic, cultural, social, national - defence,
security and external duties of the State ; it shall ensure the effectiveness of
the State apparatus from the centre to the grassroots ; it shall ensure respect
for and implementation of the Constitution and the law ; it shall promote the
mastery of the people in national, construction and defence ; it shall ensure
security and the improvement of the people's material and cultural living
conditions.
The Government is accountable to the National Assembly and shall
make its reports to the National Assembly, its Standing Committee, and the
country's President.
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- ARTICLE 110:
The Government shall be composed of the Prime Minister, the Vice -
Premiers, the Cabinet Ministers, and other members. With the exception of
the Prime Minister, its members are not necessarily members of the National
Assembly.
The Prime Minister is accountable to the National Assembly and shall
make his reports to the National Assembly, its Standing Committee, and the
country's President.
The Vice - Premiers shall assist the Prime Minister in the performance
of his duties, as required by him. In the absence of the Prime Minister, one of
his deputies shall be delegated by him to direct the work of the Government.
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- ARTICLE 111:
The Chairman of the Central Committee of the Vietnam Fatherland
Front, the Chairman of the Vietnam Federation of Labour and the heads of
mass organizations shall be invited to attend the sessions of the Government
when relevant problems come up for discussion.
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- ARTICLE 112:
Following are the duties and powers of the Government :
- To direct the work of the ministries , the organs of ministerial rank
and the organs of the Government, the People's Committees at all levels ; to
build and consolidate the unified system of the apparatus of State
administration from the centre to the grassroots ; to guide and control the
People 's Councils in their implementation of the directives of superior organs
of State administration ; to create favourable conditions for the People's
Councils to fulfil their duties and exercise their powers as laid down by law ; to
train, foster, dispose and use State officials and employees ;
- To ensure the implementation of the Constitution and the law in State
organs, economic bodies, social organizations, units of the armed forces, and
among citizens ; to organize and direct propaganda and educational work
among the people concerning the Constitution and the law ;
- To present draft laws, decree - laws and other projects to the
National Assembly and its Standing Committee ;
- To ensure the overall management of the building and development
of the national economy ; to carry into effect national financial and monetary
policies ; to manage and ensure the effective use of property in the ownership
of the entire people ; to promote the development of culture, education, health
care, science and technology ; to carry out the plan for socio - economic
development and to give effect to the State budget ;
- To take measures to protect the rights and legitimate interests of the
citizen, to create conditions for him to exercise his rights and fulfil his duties,
to protect the property and interests of the State and society ; to protect the
environment ;
- To consolidate and strengthen national defence by the entire people
and the people's security ; to ensure national security and social order ; to
build the people's armed forces ; to carry into effect general mobilization ; to
proclaim the state of emergency and all other necessary measures to defend
the country ;
- To organize and direct the conduct of State inventories and
statistics ; State inspection and control ; to fight bureaucratism and corruption
in the State machinery ; to settle complaints and denunciations by citizens ;
- To ensure the overall management of the State's external relations ;
to sign, approve international agreements on behalf of the Government ; to
direct the implementation of international agreements subscribed to or joined
by the Socialist Republic of Vietnam ; to protect the interests of the State and
the legitimate interests of Vietnamese citizens and organizations in foreign
countries;
- To implement social policies, nationalities policies, policies on
religion;
- To take decisions on the adjustment of the boundaries of
administrative units below the level of the province and the city under direct
central control ;
- To coordinate its efforts with those of the Vietnam Fatherland Front
and all mass organizations in the fulfillment of their duties and exercise of their
rights ; to create conditions for their effective functioning.
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- ARTICLE 113:
The tenure of the Government is the same as that of the National
Assembly. When the latter's tenure ends the Government shall continue in
office until the new legislature establishes a new Government.
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- ARTICLE 114:
Following are the duties and powers of the Prime Minister :
- To direct the work of the Government, the Government members, the
People's Councils at all levels ; to chair Cabinet meetings ;
- To propose to the National Assembly to set up or disband ministries
and organs of ministerial rank ; to present to the National Assembly or, when
the latter is not in session, to its Standing Committee for approval, proposals
on the appointment, release from duty, or dismissal of Vice - Premiers,
Cabinet Ministers and other members of the Government ;
- To appoint, release from duty, or dismiss Vice - Ministers and
officials of equal rank ; approve the election, release from duty, secondment,
and dismiss the Chairmen and Vice - Chairmen of People's Committees of
provinces and cities under direct central rule ;
- To suspend or annul decisions, directives and circulars of Cabinet
Ministers and other Government members, decisions and directives of
People's Councils and Chairmen of People's Committees of provinces and
cities under direct central rule that contravene the Constitution, the law, and
other formal written documents of superior State organs ;
- To suspend the execution of resolutions of People's Councils of
provinces and cities under direct central rule that contravene the Constitution,
the law, and formal written orders of superior State organs ; at the same time
to propose to the Standing Committee of the National Assembly to annul them
;
- To make regular reports to the people through the mass media on
major issues to be settled by the Government.
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- ARTICLE 115:
On the basis of the Constitution, the law, and the resolutions of the
National Assembly, the decree - laws and resolutions of the latter's Standing
Committee, the orders and decisions of the country's President, the
Government shall issue resolutions and decrees, the Prime Minister shall
issue decisions and directives and shall supervise the execution of those
formal written orders.
Major issues within the jurisdiction of the Government shall undergo
collegial discussion and decisions shall be taken in conformity with the will of
the majority.
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- ARTICLE 116:
Cabinet Ministers and other Government members shall be responsible
for State administration in the fields and branches under their respective
authority throughout the country; they shall ensure the autonomy of
grassroots units in production and trading according to the provisions of the
law.
On the basis of the Constitution the law, and the resolutions of the
National Assembly, the decree-laws and resolutions of the letter's Standing
Committee, the orders and decisions of the country's President, the written
orders of the Government and the Prime Minister, the Cabinet Ministers, the
other Government members, the heads of Government organs shall issue
decisions, directives and circulars and shall control the execution of those
formal written instructions by all branches, regions and grassroots units.
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- ARTICLE 117:
Cabinet Ministers and the other Government members shall be
responsible to the Prime Minister and the National Assembly for the fields and
branches under their respective authority.
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