GROUP 7

Government

Member:
Nguyễn Thạc Duy Quang
Trần Đăng Liêm
Đặng Tuấn Phong
BFI 66A
Đào Thị Vi Khanh
Ngô Quý Tùng
Lương Nhật Minh
Table of Contents
1. Position and functions of the Government......................................................................3
2. Task and responsibilities of the Government..................................................................3
Implementation of Laws:.....................................................................................................3
Policy Proposals and Formation:........................................................................................3
Unified Management:..........................................................................................................3
Administrative Proposal:.....................................................................................................4
National Administration:.....................................................................................................4
Protection of Rights and interests:.....................................................................................4
Treaty Negotiation:..............................................................................................................4
To coordinate........................................................................................................................4
Other duties according to law on on organisation of the government............................4
Article 9: Natural Resources, Environment, and Climate Change Management...............4
Article 10: Science and Technology Management............................................................4
Article 11: Education and Training Management.............................................................5
Article 12: Culture, Sports, and Tourism Management.....................................................5
Article 13: Information and Communications Management............................................5
Article 14: Healthcare and Population Management.......................................................5
Article 16: Ethnicity Affairs Management.........................................................................6
Article 17: Belief and Religion Affairs Management.........................................................6
3. Organizational Structure of the Government..................................................................6
a) Diagram and overview..............................................................................................6
b) *Prime Minister*:.......................................................................................................7
*Brief History*:................................................................................................................ 7
Duties and Powers............................................................................................................7
Article 29: Responsibilities................................................................................................8
c) *Deputy Prime Ministers*:.......................................................................................8
- *Brief History*:.............................................................................................................. 8
Duties and responsibility..................................................................................................8
d) *Ministers and Ministries*.......................................................................................9
- *Brief History*:.............................................................................................................. 9
Article 33: Duties and Powers as Cabinet Members.........................................................9
 Article 34: Duties and Powers as Heads of Ministries and Agencies.................................9
Article 35: Duties and Powers in Relation to Other Ministries and Agencies..................10
Article 36: Duties and Powers in Relation to Local Governments...................................10
Article 37: Ministerial Accountability..............................................................................10
4. The relationship between a national assembly and the government varies depending on
the country's political system, but generally, the following key aspects:..........................10
a. Legislative Authority......................................................................................................10
b. Checks and Balances......................................................................................................10
c. Representation................................................................................................................11
d. Confidence and Accountability.....................................................................................11
e. Political Dynamics..........................................................................................................11
5. Additional information.................................................................................................11
References........................................................................................................................12
1. Position and functions of the Government
 The Government is the highest state administrative body of the Socialist Republic of
Vietnam, shall exercise executive power, and is the executive body of the National
Assembly.
The Government is responsible to the National Assembly and shall report on its work to the
National Assembly, the Standing Committee of the National Assembly and the President.

2. Task and responsibilities of the Government

Implementation of Laws:
To organize the implementation of the Constitution, laws and resolutions of the National
Assembly, ordinances and resolutions of the Standing Committee of the National Assembly,
and orders and decisions of the President
Policy Proposals and Formation:
Develop and propose policies and legislation to the National Assembly, including budget and
legal drafts, or make independent policy decisions within its authority.;

Unified Management:
Oversee unified management across key sectors, including defense and security, and take
necessary emergency measures for national protection and citizen safety.;.

Administrative Proposal:
Recommend establishment, reorganization, or dissolution of ministries, provinces, and
administrative boundaries for approval by the National Assembly or its Standing Committee.;

National Administration:
Manage the civil service, public services, and anti-corruption efforts, providing guidance to
ministries and local governments and supporting People’s Councils in their roles

Protection of Rights and interests:

To protect the rights and interests of the State and society, human rights and citizens’ rights;
and to ensure social order and safety;
Treaty Negotiation:
To negotiate and conclude treaties in the name of the State, as authorized by the President; to
decide on the conclusion, accession to, ratification of, or withdrawal from, treaties in the
name of the Government, except for treaties to be submitted to the National Assembly for
ratification as specified in Clause 14, Article 70; to protect the interests of the State and the
legitimate interests of Vietnamese organizations or citizens in foreign countries;
To coordinate
with the Central Committee of the Vietnam Fatherland Front and central bodies of the socio-
political organizations in the performance of the tasks and the exercise of the powers of the
Government.
 a) Other duties according to law on on organisation of the government

Article 9: Natural Resources, Environment, and Climate Change Management

1. Comprehensive Management: Oversee state management of natural resources,

environment, and climate change. Formulate policies for environmental protection
and disaster prevention.
2. Sustainable Resource Use: Efficiently manage natural resources, encourage clean
energy, and promote biodiversity conservation and waste treatment services.
3. Research and Forecasting: Improve meteorological and hydrological forecasts,
climate change studies, and environmental assessments to enhance disaster response.
4. Environmental Protection Policies: Develop policies for pollution control and
preservation, with a focus on vulnerable regions.
5. Resource Conservation: Implement policies for sustainable resource utilization.

Article 10: Science and Technology Management

1. Unified Management: Administer and promote science, technology, product

standards, intellectual property, and technology transfer.
2. Development Plans: Implement policies to advance science and technology
effectively.
3. Market Promotion: Develop policies to support the science and technology market.
4. Resource Mobilization: Diversify investments in high-tech and fundamental
sciences, emphasizing Vietnam's competitive technological areas.
5. Public Engagement: Establish policies that enable public participation and access to
scientific advancements.

Article 11: Education and Training Management

1. Unified Education System: Manage the national education system.

2. Policy Development: Formulate policies to align educational progress with socio-
economic demands, promote intellectual and talent growth, and encourage diverse
funding sources.
3. Resource Utilization: Create mechanisms for social investment in education and
support lifelong learning.
4. Regional Focus: Prioritize education in mountainous, island, and ethnic minority
regions, supporting access for the disadvantaged and disabled.

Article 12: Culture, Sports, and Tourism Management

1. Unified Cultural Development: Administer cultural, sports, and tourism sectors.

2. Cultural Identity: Promote Vietnamese culture while respecting ethnic diversity and
preserving cultural heritage.
3. Sports Development: Encourage investments in sports, emphasizing high-
performance areas.
 4. Tourism Development: Formulate policies to improve domestic tourism and enhance
international tourism appeal.

Article 13: Information and Communications Management

1. Unified Information System: Oversee information and communication development.

2. Security and Safety: Establish policies for safe and secure information systems,
applying technology to socio-economic growth.
3. E-Government: Advance electronic governance and public access to information.
4. Content Regulation: Implement measures to prevent harmful content and protect
national values and morals.

Article 14: Healthcare and Population Management

1. Healthcare Management: Oversee national health and population services.

2. Workforce and Infrastructure Development: Invest in healthcare personnel,
promote modern and traditional medical practices, and ensure medicine and
equipment availability.
3. Healthcare Funding: Sustain financing for universal health insurance.
4. Priority Healthcare Policies: Develop policies prioritizing healthcare for ethnic
minorities, and disadvantaged regions.
5. Population and Family Planning: Implement policies to maintain optimal
population levels and enhance quality of life.

Article 16: Ethnicity Affairs Management

1. Ethnicity Policy Development: Propose ethnicity policies to ensure equity and

solidarity among ethnic groups.
2. Protection and Support: Formulate policies to protect ethnic identity, language
rights, and cultural heritage.
3. Development Support: Prioritize ethnic development projects to improve living
standards.
4. Workforce Development: Train and support employment opportunities for ethnic
minority members.

Article 17: Belief and Religion Affairs Management

1. Religion Policy Development: Propose religious policies to the National Assembly.

2. Freedom of Religion: Ensure citizens’ rights to choose their beliefs or religions.
3. Equality and Legal Protection: Protect religious freedoms while preventing misuse
of religion for legal violations.

3. Organizational Structure of the Government

a) Diagram and overview
  The Government is composed of the Prime Minister, Deputy Prime Ministers,
Ministers, and Heads of ministerial-level agencies.
The structure and number of members of the Government shall be decided by the National
Assembly.
The Government shall work on a collegial basis and make its decisions by a vote of the
majority.

 The Prime Minister is the head of the Government and responsible to the National
Assembly for the work of the Government and assigned tasks; and shall report on the
work of the Government and the Prime Minister to the National Assembly, the
Standing Committee of the National Assembly and the President.
 Deputy Prime Ministers shall assist the Prime Minister in his or her work as
assigned by the Prime Minister, and are responsible to the Prime Minister for their
assigned tasks. In the absence of the Prime Minister, a Deputy Prime Minister
delegated by the Prime Minister shall lead the work of the Government on behalf of
the Prime Minister.
 Ministers and Heads of ministerial-level agencies are personally responsible to the
Prime Minister, Government and National Assembly for the sectors and fields under
their charge and, together with other members of Government, shall assume the
collective responsibility for the work of the Government.

b) *Prime Minister*:

*Brief History*:

The position of Prime Minister in Vietnam was formally established in 1946 with the
Democratic Republic of Vietnam (North Vietnam). Phạm Văn Đồng was one of the earliest
and longest-serving Prime Ministers, holding the position from 1955 to 1976, spanning the
Vietnam War period.

After the reunification of North and South Vietnam in 1976, the Prime Minister role
continued under the Socialist Republic of Vietnam, responsible for leading the government’s
executive branch. Appointed by the National Assembly, the Prime Minister oversees law
implementation and economic policies. Recent leaders include Nguyễn Xuân Phúc and the
current Prime Minister, Phạm Minh Chính.
Duties and Powers

1. Leadership and Policy Implementation: The Prime Minister leads the

Government’s tasks, oversees policy formulation, and ensures the implementation of
laws. This includes combating bureaucracy, corruption, and waste within the state
apparatus.
o Policy and Law Development: Directs the creation of laws, strategies, plans,
and government projects.
o Cabinet Coordination: Oversees cabinet member activities and resolves
ministerial disputes.
o Provincial Oversight: Guides provincial People’s Committees on national
programs in economic, cultural, and security areas.
o Legal Compliance: Ensures nationwide adherence to the Constitution and
laws.
2. State Administrative Management: The Prime Minister oversees the national
administrative system from the central to the local level to ensure unified and
transparent governance.
o Personnel Management: Directs the administration of state employees and
authorizes decentralization to local levels.
o Resource Oversight: Manages facilities, finances, and budgets for state
operations.
o Administrative Reforms: Leads reforms within the administrative system.
3. Appointments and Dismissals: Recommends the appointment or dismissal of cabinet
members and acts on appointments for interim positions as needed.
4. Ambassadorial Appointments: Requests the National Assembly’s ratification for
ambassadorial appointments.
5. Acting Ministers and Provincial Presidents: Appoints acting officials to ministry or
provincial positions when vacancies arise.
6. Deputy Minister and Agency Head Appointments: Decides appointments and
dismissals of deputy ministers and heads of government agencies.
7. Provincial People’s Committee Leaders: Approves provincial People’s Committee
leadership and manages disciplinary actions as needed.
8. Suspension of Non-Compliant Documents: Can suspend or abolish provincial or
ministerial documents that violate laws or higher-level directives.
9. International Agreements: Oversees international negotiations and ensures
compliance with agreements.
10. Provincial Committee Affiliates: Sets criteria for establishing or dissolving affiliates
of provincial committees and may form councils or committees as needed.
11. Government Meetings: Convenes and leads government meetings.

Article 29: Responsibilities

1. Accountability to the National Assembly: The Prime Minister is accountable to the

National Assembly for the government's and administrative system's performance.
2. Reporting and Explanation: Must report on government performance to the
National Assembly and answer inquiries; a Deputy Prime Minister may represent in
their absence.
3. Public Reporting: Provides the public with information on major governmental
issues through mass media.
 c) *Deputy Prime Ministers*:
- *Brief History*:
Deputy prime ministers assist the prime minister in handling specific areas of government,
such as economic development, social welfare, or defense. The number and specific duties of
deputy prime ministers can change depending on the prime minister's decision and the
approval of the National Assembly.
Their powers are largely delegated by the prime minister, and they serve at the discretion of
the prime minister and National Assembly.
- Previous person in charge - Trương Hòa Bình - Phạm Bình Minh - Vương Đình Huệ

Duties and responsibility

1. The Deputy Prime Minister shall assist the Prime Minister in performing duties as assigned
by the Prime Minister, and shall be responsible to the Prime Minister for performance of
these assigned duties.
2. When the Prime Minister is absent, one Deputy Prime Minister shall be authorized by the
Prime Minister to act on behalf of the Prime Minister to lead the Government’s tasks.

d) *Ministers and Ministries*

- *Brief History*:
Ministers in Vietnam lead the various ministries, which are responsible for implementing
government policies in specific sectors such as health, education, defense, and foreign affairs.
Each ministry operates under the authority of the government, and is guided by the policies of
the Communist Party.
- Ministers are nominated by the prime minister and approved by the National Assembly.
They are accountable to both the prime minister and the National Assembly for their work.
- Previous person in charge: - Võ Nguyên Giáp - Trần Đại Quang - Tô Lâm
Article 33: Duties and Powers as Cabinet Members

1. Collective Government Responsibility: Participate in government tasks, collaborate

on decisions, and share responsibility for government issues.
2. Policy Proposals: Propose necessary regulations and documents to the Prime
Minister and actively manage projects under their remit.
3. Government Meetings: Attend and vote in government meetings.
4. Sector-Specific Responsibilities: Oversee enforcement of laws, strategies, and
programs in their assigned sectors.
5. Additional Duties: Perform other tasks assigned by the Prime Minister.
Article 34: Duties and Powers as Heads of Ministries and Agencies

1. Leadership and Accountability: Fully responsible for their ministry or agency’s

work, directing affiliates to execute approved strategies and tasks.
2. Decision-Making: Make decisions within their scope or refer issues to the Prime
Minister or government as needed.
3. Personnel Management: Propose appointments, dismissals, and other personnel
actions for key roles.
4. Issuance of Regulations: Issue or request policies and legislative documents for
managing their sectors.
5. Human Resources: Handle recruitment, training, and disciplinary actions for
officials and public employees.
6. Decentralization: Delegate responsibilities to local governments and affiliated
agencies.
7. Scientific and Technological Development: Approve scientific programs and set
standards in their sectors.
8. Organizational Decisions: Establish interdisciplinary or public non-business
organizations.
9. Affiliate Leadership: Appoint and oversee leaders of affiliated organizations.
10. Legal Compliance: Ensure adherence to laws within their sector nationwide.
11. Resource Management: Manage state resources, promote anti-corruption, and
prevent waste.
12. Administrative Reform: Direct administrative reforms in their sectors.
13. Collaboration with National Bodies: Cooperate with Communist Party organs,
National Assembly, and other central bodies; respond to questions from elected
deputies and the electorate.
14. Additional Government Tasks: Perform other tasks assigned by the Government
and Prime Minister.

Article 35: Duties and Powers in Relation to Other Ministries and Agencies

1. Inter-Agency Collaboration: Guide and work with other ministries and agencies on
shared duties.
2. Regulatory Compliance: Request other ministries to suspend or amend regulations
that violate the Constitution or higher-level documents; unresolved cases go to the
Prime Minister.

Article 36: Duties and Powers in Relation to Local Governments

1. Guidance and Inspection: Direct and inspect local People’s Committees in their
sectoral tasks.
2. Regulation Suspension Requests: Request suspension of provincial resolutions that
breach the Constitution or higher-level documents, or escalate to the Prime Minister if
necessary.
Article 37: Ministerial Accountability

1. Direct Accountability: Solely accountable to the Prime Minister, Government, and

National Assembly for their sectors, and share responsibility for government
operations.
2. Reporting and Answerability: Provide explanations to the National Assembly and
report to the public on critical issues in their sector.

4. The relationship between a national assembly and the government varies

depending on the country's political system, but generally, the following
key aspects:
a. Legislative Authority
 National Assembly: Typically responsible for making laws, representing the
electorate, and overseeing the government. It debates and passes legislation, which the
government must implement.
 Government: Enforces laws and policies created by the assembly. The government
often proposes legislation and needs assembly approval for budgetary and policy
matters.
b. Checks and Balances
 Oversight Role: The national assembly can monitor government actions, hold
hearings, and investigate matters of public interest to ensure accountability.
 Approval of Appointments: In many systems, the assembly must approve key
government appointments, such as cabinet members or judges.
c. Representation
 National Assembly: Represents the interests and views of the populace. Members are
usually elected and serve as a link between citizens and the government.
 Government: Implements policies that reflect the assembly's legislative priorities and
the public’s needs.
d. Confidence and Accountability
 Confidence Votes: In parliamentary systems, the government often needs the
assembly's confidence to remain in power. If the assembly passes a vote of no
confidence, the government may need to resign.
 Reporting: Governments may be required to regularly report to the assembly on their
activities and policy outcomes.
e. Political Dynamics
 Majority vs. Minority: The relationship can be influenced by the political
composition of the assembly. A majority party may support the government, while a
divided assembly may lead to conflict and gridlock.
 Coalition Governments: In cases where no single party has a majority, alliances may
form, affecting how the government operates and its relationship with the assembly.
5. Additional information

References
LAW ON ORGANISATION OF THE GOVERNMENT

The 2013 Constitution of the Socialist Republic of Vietnam