Viet Nam 1992 Constitution (reviewed 2013)

CHAPTER VII. THE GOVERNMENT

Article 94

The Government is the executive organ of the National Assembly, exercise the executive power, and is the highest organ of State administration of the Socialist Republic of Vietnam.

The Government is accountable to the National Assembly and shall make its reports to the National Assembly, its Standing Committee, and the State President.

Article 95

1. The Government shall be composed of the Prime Minister, the Deputy Prime Ministers, the Ministers, and heads of organs of ministerial rank.The structure and numbers of members of the Government are decided by the National Assembly.

   The Government shall operate as a collegium and take its decisions by a vote of the majority.

2. Prime Minister is the head of the Government, is accountable before the National Assembly on the activities of the Government and assigned duties, and shall report to the National Assembly, the National Assembly’s Standing Committee, and the State President on the activities of the Government and the Prime Minister.
3. The Deputy Prime Ministers shall assist the Prime Minister in the performance of his duties, as required by him, and are accountable to the Prime Minister. In the absence of the Prime Minister, one of his Deputies shall be delegated by him to direct the work of the Government.
4. The Ministers and Heads of organs of ministerial ranks shall be personally accountable to the Prime Minister, the Government, and the National Assembly on their respective fields and branches, and shall be, together with other members of the Government, collectively accountable for the activities of the Government.

Article 96

1. To organize the implementation of the Constitution, the laws, resolutions of the National Assembly, the ordinances and resolutions of the National Assembly’s Standing Committee, and decrees, decisions of the State President.
2. To initiate and build policies, and to propose them to the National Assembly, and the National Assembly’s Standing Committee for decision or to decide on these policies according to its authorities to exercise its duties and authorities as provided by this Article; to propose draft laws, and draft state budget and other projects to the National Assembly; to propose the draft ordinances to the National Assembly’s Standing Committee.
3. To exercise uniform management of the economy, culture, society, education, medicine, science, technology, environment, information, media, international relations, national defence, national security, and social order and security; to exercise the decisions on mobilization and the state of emergency and carry out all other necessary measures to protect the country and to safeguard the live and the property of the people.
4. To propose to the National Assembly to create and remove ministry and organs of ministerial rank, and to establish, merge, divide, or adjust the boundaries of provinces and cities under direct central rule, and to set up or disband special administrative-economic units; to propose to the National Assembly’s Standing Committee to establish, merge, divide, or adjust the administrative boundaries below provinces and cities under direct central rule.
5. To exercise the uniform management of the national bureaucracy; exercise the management of cadres, civil servants, officials, and public service in state organs; to exercise the work of inspection and examination, and handling of citizen’s complaint and denouncement; to fight against authoritativeness and corruption in the state apparatus; 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 guide and control the People’s Councils in their implementation of their legal duties and authorities.
6. To protect the rights and interests of the State and society, human rights, and citizen’s rights; ensure social order and security.
7. To negotiate and conclude international treaties in the name of the State as delegated by the State President; to negotiate, sign, ratify and accede to international treaties in the name of the Government, except the international treaties proposed to the National Assembly for approval as provided by clause 14 of Article 70; protect the interests of the State, the legitimate interests of Vietnamese organizations and citizens in foreign countries.
8. To coordinate with Central Committee of the Vietnamese Fatherland Front and the central bodies of socio-political organizations in the exercise of its duties and authorities.

Article 97

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.

Article 98

The Prime Minister is elected by the National Assembly among its members.

The Prime Minister has the following duties and powers:

1. To direct the work of the Government; to direct the construction of policies and the organization of implementation of the laws.
2. To direct and to be accountable to the activities of the national administration from the central to local level, and to ensure the unity and thoroughness of the national administration.
3. To submit to the National Assembly for approval proposals on appointment, release from duty or dismissal of Deputy Prime Ministers, Ministers and heads of organs of ministerial rank; To appoint, release from duty, or dismiss Vice-Ministers and officials of equal rank of ministries and organs of ministerial rank; to approve the election, release from duty, secondment, and dismissal of Chairmen and Deputy Chairmen of People’s Committees of provinces and cities under direct central rule.
4. 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.
5. To decide and direct the negotiation of, to direct the conclusion of and joining, international treaties within the duties and authorities of the Government; to organize the implementation of international treaties in which Socialist Republic of Vietnam is a member.
6. To make regular reports to the people through the mass media on major issues to be settled by the Government and the Prime Minister.

Article 99

1. Minsters and heads of organs of ministerial rank are members of the Government, preside ministries and organs of ministerial rank, direct the work of ministries and organs of ministerial rank; shall be responsible for State administration in the fields and branches under their respective authority; to organize and monitor the implementation of the laws in their respective fields and branches throughout the country.
2. Minsters and heads of organs of ministerial rank shall report to the Government and the Prime Minister; to exercise a regime of report to the people on issues under their respective management.

Article 100

The Government, the Prime Minister, minsters and heads of organs of ministerial rank shall issue legal documents to exercise their duties and authorities, review the implementation of these documents, and handle illegal documents in concordance with the law.

Article 101

The Chairman of the Central Committee of the Vietnamese Fatherland Front and the heads of socio-political organizations shall be invited to attend the sessions of the Government when relevant problems come up for discussion.