English - CEDAW Southeast Asia

CEDAW and the Law:
II.1.3 THE GOVERNMENT
The Government is the executive organ of the National Assembly and is the highest organ of
State administration. 35 It is accountable to the National Assembly and it reports to it, the
Standing Committee and State President. 36 The Government is composed of the Prime
Minister, Vice Prime Ministers, Ministers and other members. 37 With the exception of the Prime
Minister, the members of the Government are not necessarily members of the National
Assembly. 38 The tenure of the Government is the same as that of the National Assembly. 39
However, it continues on until a new government is established by the new legislature. 40
Among the duties and powers of the Government are to: (a) direct the work of the
Government ministries, other organs of government and the People’s Committees at all levels;
(b) build and consolidate the State administration from the centre to the grassroots; (c)
ensure the implementation of the Constitution and laws; (d) present draft laws, decrees and
other projects to the National Assembly and Standing Committee; and (e) organize and direct
State inspection and control, and settle complaints and denunciations by citizens. 41
The Prime Minister is the Head of Government and has duties and powers to: (a) direct
the work of the Government, Government members and People’s Councils at all levels; (b)
chair Cabinet meetings; (c) propose to the National Assembly to establish or dissolve
Government ministries and ministerial agencies; (d) suspend or annul decisions and directives
of People’s Councils and chairpersons of People’s Committees when in contravention of the
Constitution, laws and formal written documents of superior State organs; and (e) suspend the
execution of resolutions of the People’s Councils when in contravention of the Constitution,
laws and formal written documents of superior State organs, and to propose to the Standing
Committee to annul them. 42
The Law on Organization of the Government (No. 32/2001/QH10 of December 25,
2001) (Law on Government Organization) specifies further the tasks and powers of the
Government, Prime Minister and Government ministries and ministerial agencies.
II.1.4 THE PEOPLE’S COURTS AND PEOPLE’S PROCURACY
The SPC, local People’s Courts, Military Tribunals and other tribunals established by law are
the judicial organs of the State. 43 The SPC is the highest judicial organ. 44 It supervises and
directs the judicial work of local People’s Courts and Military Tribunal. 45 The Chief Justice of
the SPC is responsible to the National Assembly and reports to it. 46 The Chief Justice of the
40
35
Ibid., Article 109
36
Ibid.
37
Ibid., Article 110
38
Ibid.
39
Ibid., Article 113
40
Ibid.
41
Ibid., Article 112
42
Ibid., Article 114
43
Law on Government, Article 127
44
Constitution, Article 134
45
Law on Government, Article 134
46
Constitution, Article 135
Structures of governance