Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: No number | Hanoi, June 21, 1994 |
ON ORGANIZATION OF THE PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE
(Amended)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, this Law provides for the organization and activities of the People's Council and the People's Committee.
The People's Council shall discharge the duties and powers vested in it by the Constitution and the laws, ensure the unified leadership of the central organs and, at the same time, promote the initiatives and creativeness of the locality.
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Within their duties and powers, the People's Council and the People's Committee shall manage the local affairs in accordance with the Constitution, the laws and the written decisions of the State organs of higher levels, promote the right to mastery of the people, strengthen the socialist legislation, prevent and fight against bureaucratism, irresponsibility, arrogance, authoritarianism, corruption, wastefulness and other negative manifestations at the offices, among State employees and within the local administrative apparatus.
- Provinces and cities directly under the Central Government (hereinafter referred to as provincial level);
- Rural and urban districts, provincial towns and provincial cities (hereinafter referred to as districts level);
- Communes, urban wards and district townships (hereinafter referred to as commune level).
The number of members of the People's Council and the electoral procedure to the People's Council at all levels are provided for by the Law on Election to the People's Council.
The People's Council at commune level has a Chairman and a Vice Chairman.
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The tenure of the Standing Committee of the People's Council, of the People's Committee at provincial and district levels, and of the Chairman and Vice Chairman of the People's Council and the President and Vice President of the People's Committee at commune level, shall correspond to the tenure of the People's Council of their levels. When the tenure of a People's Council expires, the Standing Committee of that People's Council and the President and Vice President of the People's Committee at commune level shall continue to function until the new People's Council elects a new Standing Committee, a new People's Committee at provincial and district levels, new Chairman and Vice Chairman of the People's Council and the new President and Vice President of People's Committee at commune level.
The concrete duties and powers of the People's Council and the People's Committee at each level are proposed by the Government and approved by the Standing Committee of the National Assembly.
The efficiency of the activities of the People's Council at commune level is guaranteed by the efficiency of its meetings and of its Chairman, Vice Chairman, its People's Committee and its members.
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1. Decide on the important undertakings and measures aimed at promoting the potentials of the locality in socio-economic construction and development, strengthening national defense and security, unceasingly improving the material and spiritual life of the local population, and fulfilling the locality's obligations toward the country. In matters related to its duties and powers, the People's Council shall issue resolutions; the resolutions on the matters which by law must be approved by the higher level, must get this approval before being put into effect;
2. Supervise the activities of the Standing Committee, the People's Committee, the People's Court and People's Inspectorate of the same level; supervise the implementation of the resolutions of the People's Council in the fields stipulated in Articles 12, 13, 14, 15, 16, 17 and 18 of this Law; supervise the observance of the laws by the State organs, economic and social organizations, units of the People's Armed Forces and by the citizens at the locality.
Article 12.- In the field of economy, the People's Council shall decide:
1. The plan for socio-economic development; the undertakings and measures aimed at promoting all potentials of the local economic sectors, ensuring the right to autonomy in production and business of the economic establishments as prescribed by law; the budget estimates and account statement of the locality;
2. The undertakings and measures for the labor and demographic distribution at the locality;
3. The measures for management and use of the land, forests and mountains, rivers and lakes, and the water, underground and sea resources, and for the protection of natural resources, in the locality in compliance with the provision of law;
4. The measures for the observance of the policy of thrift in State management and in production, business and consumption, and for the fight against corruption and illicit trade.
Article 13.- In the fields of culture, social afairs and life, the People's Council shall decide;
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2. The undertakings and measures for the creation of employment and the improvement of the working and living conditions of the laborers; and for the improvement of the living standard of the local people;
3. The undertakings and measures for the protection of the health of the local people, the care for old people, mothers and children, and the implementation of the population and family planning policy;
4. The undertakings and measures for the implementation of the policies for preferential treatment of, care for and assistance to war invalids, diseased soldiers, families of war dead and those individuals and families which have rendered meritorious services to the country; and the implementation of policies for social insurance and relief.
1. The undertakings and measures aimed at encouraging studies, technical innovation and the application of scientific and technological advances to production and the service of life in the locality.
2. The undertakings and measures for the protection and improvement of the local environment in accordance with the provision of law;
3. The measures for the implementation of the legal provisions on measurement and quality of products, the prevention of the production and circulation of counterfeit goods in the locality, and the protection of the interests of the consumers.
1. The measures for the realization of the tasks of building the armed forces and ensuring the entØe people's national defense, the implementation of the regime of military service, the on-the-spot logistics, and the promotion and implementation of policies concerning the home front of the army and the assistance to the local people's armed forces.
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1. The measures for ensuring the realization of the policies toward ethnic groups, the improvement of the material and cultural life and educational level of the ethnic groups, the exercise of equal rights among different ethnic groups, and the maintenance and strengthening of the unity and mutual assistance among the ethnic groups in the locality;
2. The measures for ensuring the implementation of the policies toward religions, the exercise of equal rights of different religions before the law, and the right to freedom of religious beliefs and worship of the local people in accordance with law.
Article 17.- In the field of execution of the laws, the People's Council shall decide:
1. The measures for ensuring the execution of the Constitution, the laws and written decisions of the State organs of the higher levels by the local State organs, social and economic organizations, people's armed force units and the local citizenry.
2. The measures for the protection of the life, property, freedom, honor, dignity and other lawful rights and interests of the citizenry.
3. The measures for the protection of the property and interests of the State and the property of the social and economic organizations in the locality.
4. The measures for ensuring the settlement of complaints, protests and petitions by the citizenry in accordance with the provision of law.
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2. Revoke the offending decisions of the People's Committee of the same level and of the People's Council of the immediate lower level;
3. Decide the dismissal of the People's Council of the immediate lower level in case the latter causes serious detriment to the interests of the people. The resolution to this effect must have the approval of the People's Council of the immediate higher level before being put into effect. The resolution of the People's Council at the provincial level on the dismissal of the People's Council of the immediate lower level must have the approval of the Standing Committee of the National Assembly before being put into effect;
4. Approve plans for demarcation and redemarcation of the geographical boundaries of the local administrative units for consideration by the higher level.
Section II THE MEMBERS OF THE PEOPLE'S COUNCIL
The tenure of the additionally elected member begins at the session which follows his/her election and lasts until the first session of the next People's Council.
Members who cannot participate in a session must produce a plausible reason and notify the Chairman of the People's Council in advance.
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After each session of the People's Council, the members shall report to their constituents about the results of the session, report and explain to them about the resolutions of the People's Council, and mobilize them and join them in implementing those resolutions.
Upon receiving complaints and denunciations from the constituency, the members of the People's Council are obliged to consider them and file requests to the heads of the concerned agencies and organizations for settlement, monitor and supervise this settlement process and communicate its results to the complainants and denouncers.
During a session of the People's Council, the members of the People's Council at provincial and district levels shall send their questions to the Standing Committee of the People's Council at their level; the members of the People Council at commune level shall send their questions to the Chairman of the People's Council. The questioned persons must answer those questions before the People's Council at that session. In case investigation or verification is required, the People's Council may postpone the answer till its next session or allow the answer to be communicated in written form to the questioning member and the Standing Committee of the People's Council at provincial and district levels or the Chairman of the People's Council at commune level.
Between two sessions of the People's Council, questions from members of the People's Council at provincial and district levels shall be sent to the Standing Committee of the People's Council at their level; questions from the members of the People's Council at commune level shall be sent to the Chairman of the People's Council who shall relay them to the questioned bodies or individuals and decide the time-limit for an answer.
If the members do not agree with the content of the answer, they have the right to propose the Standing Committee of the People's Council at provincial and district levels or the Chairman of the People's Council at commune level to bring up the matter for discussion at a session of the People's Council.
In case of necessity, the People's Council shall issue a resolution on the answers to the questions and on the responsibility of the questioned persons or bodies.
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When a member of the People's Council requests a meeting with the heads of State organs, social and economic organizations and units of the People's Armed Forces, the requested person is obliged to meet with him/her.
The members of the People's Council have the right to make petitions to the State organs on the execution of law and State policies and on matters of common interests. The concerned bodies are obliged to answer these petitions.
The Vietnam Fatherland Front and its member organizations shall assist the members of the People's Council of their level to discharge their duties, create favorable conditions for them to contact their constituents, and gather opinions, wishes and petitions from the population for the People's Council.
Between two sessions of the People's Council, if an authorized State organ orders the temporary detention of a member of the People's Council, it shall notify the Chairman of the People's Council, and the President of the People's Committee, of the same level.
In case a People's Council decides to dismiss one of its members, the dismissal must be approved by at least two thirds of the total number of the members of the People's Council.
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Section III. THE SESSION OF THE PEOPLE'S COUNCIL
The People's Council at all levels shall regularly meet twice each year. In case of necessity, an irregular session shall be convened, at the provincial and district levels, by the Standing Committee of the People's Council upon the request of the Chairman of the People's Council or the President of the People's Committee of the same level, or of at least one third of the total number of the members of the People's Council of the same level; and at the commune level, by the Chairman of the People's Council, upon the request of the People's Committee or at least one third of the total number of the members of the People's Council.
The meetings of the People's Council shall be open to the public. In case of necessity, upon the request of the Chairperson of the session or the President of the People's Committee of the same level, the People's Council may decide to meet in close-door session.
The date, venue and agenda of a session of the People's Council shall be announced in advance to the public, at least five days before the opening of the session.
The session of the People's Council shall proceed only with the participation of at least two thirds of the total number of its members.
The deputies of the National Assembly and the People's Council of the higher levels who are elected by the local constituency, the President of the local Vietnam Fatherland Front organization and the heads of the other local people's organizations, shall be invited to participate in and address the session of the People's Council but shall not vote in it.
The necessary documents of the session of the People's Council shall be circulated to the members before its opening date.
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The first session of each People's Council shall be convened and chaired by the Chairman of the previous People's Council until a Chairman is elected by the new People's Council.
Ten days at the latest after the closing of the session, the resolutions and minutes shall be transmitted to the Standing Committee of the People's Council and the People's Committee of the immediate higher level. The resolutions and minutes of the session of the provincial People's Council shall be transmitted to the Standing Committee of the National Assembly and the Government.
2. At the first session of its tenure, the People's Council shall elect:
a/ The Chairman of the People's Council as recommended by the Chairman of the session from among the members of the People's Council;
b/ The Vice Chairman of the People's Council, the heads and other members of the specialized committees recommended by the Chairman of the People's Council from among the members of the People's Council;
c/ The President of the People's Committee recommended by the Chairman of the People's Council from among the members of the People's Council;
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e/ The Secretary of the session of each People?s Council recommended by the Chairman of the session.
3. Each member of the People's Council has the right to nominate others or him/herself to posts provided for in this Article. The elections to the posts provided for in Item 2 of this Article shall be carried out by secret ballots on the list of nominees for each post.
The members of the Standing Committee of the People's Council at provincial and district levels, and the Chairman and Vice Chairman of the People's Council at commune level, cannot at the same time be members of the People's Committee of the same level.
1. To convene and chair the sessions of the People's Council; cooperate with the People's Committee in preparing sessions of the People's Council;
2. To supervise and monitor the implementation of the resolutions of the People's Council by the People's Committee of the same level and by the other State organs in the locality;
3. To harmonize and cooperate the activities of the specialized committees of the People's Council, and maintain contacts with the members of the People's Council;
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5. To cooperate with the People's Committee to decide on the forwarding to People's Council or the constituency of proposed dismissals of offending members of the People's Council upon requests by the Vietnam Fatherland Front organization of the same level;
6. To report on the activities of the People's Council of the same level to the People's Council and the People's Committee of the immediate higher level; the Standing Committee of the People's Council at the provincial level shall report on the activities of its own People's Council to the Standing Committee of the National Assembly and the Government.
7. To maintain contacts and work coordination with the Vietnam Fatherland Front organization of the same level; to report twice annually to the Vietnam Fatherland Front organization of the same level on the activities of the People's Council.
1. To convene and chair the sessions of the People's Council; cooperate with the People's Committee in preparing the sessions of the People's Council;
2. To supervise and monitor the implementation of the resolutions of the People's Council;
3. To organize the reception of the people, to supervise and monitor the settlement of the petitions, complaints and denunciations of the citizenry;
4. To maintain contacts with the members of the People's Council; to report on the activities of the People's Council to the People's Council and the People's Committee of the immediate higher level;
5. To cooperate with the People's Committee on decisions to forward to the People's Council or the constituency proposed dismissals of offending members of the People's Council upon request by the Vietnam Fatherland Front organization of the same level;
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The Vice Chairman of the People's Council at commune level shall assist the Chairman in the latter's discharge of duties and act in that capacity in the latter's absence.
The People's Council at district level shall establish two specialized committees: The Socio-Economic Committee and the Judicial Committee.
The number of members of each committee shall be decided by the People's Council of the same level. Members of each committee of the People's Council cannot at the same time be members of the People's Committee of the same level. The heads of specialized committees of the provincial People's Council may be full-time personnel; the heads of specialized committees of district People's Council shall not be full-time personnel. The heads of specialized committees of the People's Council at provincial and district levels cannot at the same time be heads of specialized agencies of the People's Committee or the Chief Inspector of the People's Inspectorate or the President of the People's Court of the same level.
1. To take part in the preparation for the sessions of the People's Council;
2. To verify reports and plans upon assignment of the People's Council or its Standing Committee;
3. To assist the People's Council in monitoring the activities of the People's Committee and the latter's specialized boards, and the activities of the People's Court and the People's Inspectorate of the same level;
4. To assist the People's Council in monitoring the State organs, social and economic organizations, units of the People's Armed Forces and the citizenry in their observance of the Constitution, laws and written decisions of the State organs of the higher levels and of the resolutions of the People's Council of the same level.
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Section I: THE DUTIES AND POWERS OF THE PEOPLE'S COMMITTEE
The People's Committee of a higher level shall direct the activities of the People's Committee of its immediate lower level.
Within the scope of its duties and powers as provided for by law, the People's Committee shall make decisions and instructions, organize and monitor the implementation of these documents.
The People's Committee of the commune level shall cooperate with the Chairman of the People's Council to prepare the contents for the sessions of the People's Council.
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1. To exercise State management in the locality in the fields of agriculture, forestry, fishery, industry, small industry and handicraft, trade, service, culture, education, health care, science, technology and environment, sports and physical exercises, press, radio and television, and in other social areas; to exert State management on land and other natural resources, and on the application of the standards in measurement and quality of commodity goods;
2. To popularize and educate in the law and monitor the observance of the Constitution, laws and written decisions of the State organs of the higher levels and the resolutions of the People's Council of the same level at State organs, social and economic organizations, units of the People's Armed Forces and the citizenry in the locality;
3. To ensure political security, social order and safety; to carry out the duty of building the armed forces and the all-people's defense; to practice the regime of military service and the provision of on-the-spot logistics, effect military draft and implement home-front policies for the army and the policies for the local people's armed forces; to exert administrative management on households and individuals in the locality; and to manage the residence and travels of foreigners in the locality;
4. To organize the prevention and fight against natural calamities, protect properties of the State and social and economic organizations, protect the life, democratic freedoms, honor, dignity, property and the other legitimate rights and interests of the citizenry; to fight against corruption, illicit trade, production of counterfeit and the other social evils;
5. To manage the organizational work, the payroll and wage regime, the training of State employees and commune-level personnel, and social insurance in accordance with the assignment from the Government;
6. To organize and direct the execution of legal sentences in the locality in accordance with the provision of law;
7. To organize and implement activities in budget revenues and expenditures in the locality in accordance with the provision of law; to cooperate with the concerned offices and agencies to ensure the right, full and timely collection of taxes and other revenues in the locality.
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Section II. THE ORGANIZATION AND ACTIVITIES OF THE PEOPLE'S COMMITTEE
The results of the election of the members of the People's Committee must be approved by the President of the People's Committee of the immediate higher level; the results of the election of the members of the People's Committee at provincial level must be approved by the Prime Minister.
1. The People's Committee at provincial level shall have from nine to eleven members; the People's Committees of Hanoi and Ho Chi Minh City shall have no more than thirteen members;
2. The People's Committee at district level shall have from seven to nine members;
3. The People's Committee at commune level shall have from five to seven members.
The number of Vice Presidents of the People's Committee at each level shall be provided for by the Government.
Article 48.- The People's Committee shall meet at least once a month.
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1. The agenda of the People's Committee;
2. The plans for socio-economic development and the drafting and account statement of the annual budget and reserve fund of the locality to be submitted to the People's Council;
3. The measures for implementing the resolutions of the People's Council on socio-economic issues, and the report of the People's Committee to the People's Council;
4. The plans for establishing, merging and dissolving specialized agencies under the People's Committee and for the delineation and adjustment of the geographical areas of the administrative units in the locality.
The People's Committee shall create favorable conditions for the Vietnam Fatherland Front and other people's organizations to organize and encourage the people to take part in the building and strengthening of the people's power, organize and take part in the implementation of the State policies and laws, and monitor the work of the State organs, elected representatives and State employees.
The People's Committee shall report on all aspects of the local situation to the Vietnam Fatherland Front organization and the other people's organizations.
The People's Committee and its members are responsible for solving and answering the recommendations of the Vietnam Fatherland Front organization and the other people's organizations.
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The President of the People's Committee shall assign work to the Vice Presidents and the other members of the People's Committee; the assignees are answerable to the President of the People's Committee.
Each member of the People' Committee shall take personal responsibility for his/her assigned work before the People's Council, the People's Committee of the same level and, together with the other members, take collective responsibility for the work of their People's Committee before the People's Council of their level and the State organs of the higher level.
Article 52.- The President of the People's Committee has the following duties and powers:
1. To lead the work of the People's Committee, its members and its specialized agencies;
a/ To supervise and monitor the work of the specialized agencies under the People's Committee of his/her level and the lower levels in implementing the Constitution, laws and written decisions of the State organs of the higher levels, the resolutions of the People's Council and the decisions of the People's Committee of the same level;
b/ To take decisions on matters within the duties and powers of the People's Committee of his/her level, except for matters provided for in Article 49 of this Law;
c/ To take measures to renovate the working style; manage and conduct the efficient activities of the administrative apparatus; prevent and resolutely fight against bureaucratism, irresponsibility, arrogance, authoritarianism, corruption, wastefulness and other negative manifestations in State and local organs and among their employees;
d/ To receive people; consider and settle petitions, complaints and denunciations from the people in accordance with the provision of law.
2. To convene and chair meetings of the People's Committee.
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4. To suspend or rescind erroneous documents issued by specialized agencies under the People's Committee of his/her level or of the People's Committee of the lower level or their Presidents.
5. To suspend the execution of erroneous resolutions adopted by the People's Council of the lower levels and propose the People's Council of his/her level to revoke them.
Section III. SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEE
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The new People's Council shall elect the Chairman and Vice Chairmen of the People's Council, the President, Vice Presidents and other members of the People's Committee, the heads and other members of the specialized committees of the People's Council who shall continue to function until the end of their tenures.
In case the number of members of the People's Council in a new administrative unit is lower than provided for by the Law on Election of Members of the People's Council, an election may be held for the additional members in accordance with the Law on Election of Members of the People's Council.
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All previous provisions which are contrary to this Law shall be annulled.
This Law was passed on the 21st of June 1994, by the National Assembly of the Socialist Republic of Vietnam, Ninth Legislature, at its Fifth Session.
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh