Law on Organization of Local Administration No. 65/2025/QH15

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ATTRIBUTE Law on Organization of Local Administration No. 65/2025/QH15

Law on Organization of Local Administration No. 65/2025/QH15 dated February 19, 2025 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:65/2025/QH15Signer:Tran Thanh Man
Type:LawExpiry date:
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Issuing date:19/02/2025Effect status:
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Fields:Administration , Organizational structure
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THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 65/2025/QH15

 

 

LAW

On Organization of Local Administration[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Organization of Local Administration.

Chapter I

GENERAL PROVISIONS

Article 1. Administrative units

1. Administrative units of the Socialist Republic of Vietnam include:

a/ Provinces and centrally run cities (below collectively referred to as provincial-level administrative units);

b/ Rural districts, urban districts, towns, provincial cities and municipal cities (below collectively referred to as district-level administrative units);

c/ Communes, wards and townships (below collectively referred to as commune-level administrative units);

d/ Special administrative-economic units established under the National Assembly’s decisions.

2. Depending on geographical conditions, population, and socio-economic development and national defense and security maintenance requirements, district-level administrative units located on islands or archipelagos (below collectively referred to as islands) are allowed not to organize commune-level administrative units.

Article 2. Organization of local administrations in administrative units

1. The local administration in an administrative unit specified at Point a, b or c, Clause 1, Article 1 of this Law is a local administration level consisting of the People’s Council and the People’s Committee.

In case the National Assembly provides the non-organization of the local administration level in a certain administrative unit, the local administration in that administrative unit is the People’s Committee.

2. Local administrations in rural areas include local administrations in provinces, rural districts and communes.

3. Local administration in urban areas include local administration in centrally run cities, urban districts, towns, provincial cities, municipal cities, wards and townships.

4. Local administrations in special administrative-economic units shall be specified by the National Assembly upon their establishment.

Article 3. Classification of administrative units

1. The classification of administrative units serves as a basis for formulating socio-economic development policies, establishing organizational structures, and formulating regimes and policies applicable to cadres and civil servants of local administrations as suitable to each type of administrative unit.

2. The classification of administrative units shall be based on such criteria as population size, natural area, socio-economic development level, and particular characteristics of each type of administrative unit in rural, urban, mountainous and highland areas and on islands as specified by the National Assembly Standing Committee.

Article 4. Principles of organization and operation of local administrations

1. Ensuring compliance with the Constitution and law, and law-based management of society; adhering to the principle of democratic centralism.

People’s Councils shall operate on a collective basis and make decisions by majority vote. People’s Committees at the local administration level shall operate on a collective basis while upholding the responsibility of Chairpersons of the People’s Committees.

2. Local administrations shall be organized in an elite, streamlined, efficient and effective manner, meeting the requirements of professional, modern and transparent local governance and ensuring accountability in association with the power control mechanism.

3. Guaranteeing human rights and citizens’ rights; bringing into play the people’s right to mastery, serving the people, and being submit to the people’s inspection and supervision.

4. Ensuring a unified, uninterrupted and continuous administrative system.

5. Ensuring that local administrations shall decide on, organize the implementation of, and take self-responsibility for, the matters falling under their competence.

Article 5. People’s Councils

1. A People’s Council shall be composed of People’s Council deputies elected by local voters. The People’s Council is the state power body in the locality that represents the will, aspirations, and right to mastery of the people, and is responsible to the local people and superior state agencies.

2. A People’s Council deputy is a person representing the will and aspirations of the local people and responsible to the local voters and to the People’s Council for the performance of his/her tasks and the exercise of his/her powers as a deputy.

3. A People’s Council deputy must satisfy the following criteria:

a/ Being loyal to the Fatherland, the People and the Constitution; striving for the success of the renewal cause for the goals of a prosperous people and a strong, democratic, just and civilized country;

b/ Holding Vietnamese citizenship as the sole citizenship;

c/ Possessing good ethical qualities; being diligent, thrifty, honest, upright and impartial; being exemplary in law observance; being courageous and determined in fighting corruption, negative practices, waste, and all manifestations of bureaucracy and authoritarianism, and other law violations;

d/ Having the required educational level and professional qualifications; meeting capacity, health, work experience and reputation requirements to perform the tasks of a deputy; being able to participate in activities of the People’s Council;

dd/ Residing, or working at an agency, organization or enterprise located, in the administrative unit for which he/she acts as a People’s Council deputy;

e/ Maintaining close ties with the people, listening to the people’s opinions, and gaining the people’s trust.

4. The term of office of a People’s Council is 5 years, counting from the opening day of the first session of the People’s Council of the current term of office to the opening day of the first session of the People’s Council of the subsequent term of office. At least 45 days before the end of the current term of office of the People’s Council, the election for the People’s Council of the new term of office shall be completed. The shortening or extension of the term of office of People’s Councils shall be decided by the National Assembly at the proposal of the National Assembly Standing Committee.

5. The National Assembly Standing Committee shall oversee and guide the operation of People’s Councils, and promulgate a model Working Regulation of People’s Councils. The Government shall guide and inspect People’s Councils in implementing documents of superior state agencies, and create conditions for People’s Councils to perform their tasks and exercise their powers specified by law.

Article 6. People’s Committees

1. The People’s Committee at a local administration level shall be elected by the same-level People’s Council, act as the executive body of the People’s Council and as the state administrative agency in the locality, and be responsible to the local people, the same-level People’s Council and superior state administrative agencies.

In a locality where no local administration level is organized, the People’s Committee is the state administrative agency in the locality and responsible to the local People and the immediate superior People’s Committee.

2. The term of office of the People’s Committee at a local administration level follows the term of office of the same-level People’s Council. Upon the end of the People’s Council’s term of office, the People’s Committee shall continue performing its tasks until the People’s Council of the new term of office elects the People’s Committee of the new term of office.

3. The Government shall lead, guide, examine and inspect the organization and operation of People’s Committees and promulgate a model Working Regulation of People’s Committees.

Article 7. Working relations between local administrations and Vietnam Fatherland Front Committees and socio-political organizations in localities

1. Local administrations shall coordinate with, and promote the role of, Vietnam Fatherland Front Committees and socio-political organizations in carrying out public communication for mobilizing the people to participate in building and consolidating the people’s administration, organizing the implementation of the State’s policies and laws, and carrying out oversight and social criticism for operation of local administrations.

2. The President of a Vietnam Fatherland Front Committee at a level shall participate in sessions of the same-level People’s Council; and be invited to attend meetings of the same-level People’s Committee when relevant issues are on agenda. Heads of local socio-political organizations shall be invited to attend sessions of the People’s Council and meetings of the People’s Committee at the same level when relevant issues are on agenda.

3. People’s Councils and People’s Committees shall notify the local situation to Vietnam Fatherland Front Committees and socio-political organizations at the same level.

4. Local administrations shall listen to, address, and respond to, recommendations of Vietnam Fatherland Front Committees and socio-political organizations in localities regarding administration building, as well as the local people’s opinions and recommendations summarized and conveyed by Vietnam Fatherland Front Committees.

 

Chapter II

ORGANIZATION OF ADMINISTRATIVE UNITS AND ESTABLISHMENT, DISSOLUTION, MERGER, DIVISION, ADJUSTMENT OF BOUNDARIES AND RENAMING, OF ADMINISTRATIVE UNITS

Article 8. Principles of organization of administrative units and conditions for establishment, dissolution, merger, division, and adjustment of boundaries of administrative units

1. The organization of administrative units must adhere to the following principles:

a/ Complying with the Constitution and law; ensuring stability, uninterruptedness and continuity of the state management;

b/ Conforming with the socio-economic development strategy in each period as well as natural and social characteristics and conditions, historical traditions, and cultural characteristics, and meeting national defense, security and social order and safety maintenance requirements of each locality;

c/ Conforming with the management capacity of the local administration apparatus and level of the digital transformation; ensuring that affairs and administrative procedures related to citizens, enterprises and the society are received and settled in a prompt and convenient manner;

d/ Rearranging or reorganizing administrative units that have yet to meet the law-specified standards.

2. The establishment, merger, division, or adjustment of boundaries of administrative units must satisfy the following conditions:

a/ Conforming with relevant master plans approved by competent authorities;

b/ Serving the common interests of the nation, and ensuring the efficiency and effectiveness of the state management by local administrations at all levels; bringing into play local potential and advantages for promoting socio-economic development of the country and each locality;

c/ Meeting national defense, security and social order and safety maintenance requirements;

d/ Ensuring national unity, and conformity with local historical and cultural traditions; ensuring convenience for the people;

dd/ Being based on standards of administrative units as suitable to characteristics of rural, urban and island areas as specified by the National Assembly Standing Committee.

3. An administrative unit may only be dissolved in the following cases:

a/ Its dissolution is required by the socio-economic development and national defense and security maintenance of the concerned locality or the country;

b/ Its existence is affected by changes in local geographical or topographical factors.

Article 9. Competence to decide on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units

1. The National Assembly may decide on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of provincial-level administrative units.

2. The National Assembly Standing Committee may decide on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of district- and commune-level administrative units.

Article 10. Order and procedures for the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units

1. The Government shall organize the formulation of schemes for the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of provincial-level administrative units for submission to the National Assembly; provincial-level People’s Committees shall organize the formulation of schemes for the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of district- and commune-level administrative units, and submit them to the Government for further submission to the National Assembly Standing Committee.

2. A dossier of a scheme for the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of an administrative unit must comprise:

a/ A request for the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit;

b/ The scheme for the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit;

c/ A report summarizing opinions of the people, People’s Councils at all levels, and related agencies and organizations;

d/ The National Assembly’s or the National Assembly Standing Committee’s draft resolution on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit.

3. The scheme for the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit shall be put for opinions of the people in the commune-level administrative units directly affected by such establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit. The provincial-level People’s Committee shall organize the collection of opinions of the people regarding the policy on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit in appropriate forms under the Government’s regulations.

4. Based on opinions of the people, the scheme-drafting agency shall finalize the scheme and send it to the People’s Councils at the provincial, district and commune levels in the concerned administrative units for the latter’s opinions on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit.

5. The scheme for the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit must undergo appraisal before being submitted to the Government, and undergo verification before being submitted to the National Assembly or the National Assembly Standing Committee for consideration and decision.

6. The formulation of schemes for the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of administrative units and the order and procedures for considering and approving such schemes must comply with regulations of the National Assembly Standing Committee.

 

Chapter III

DEFINITION OF COMPETENCE OF LOCAL ADMINISTRATIONS AT ALL LEVELS

Article 11. Definition of competence of local administrations

1. Tasks and powers of local administrations at all levels shall be determined on the basis of definition of the competence between central- and local-level state agencies, and the competence of local administrations at all levels in the form of power delegation or decentralization.

2. The definition of the competence of local administrations must adhere to the following principles:

a/ Clearly determining the content and scope of tasks and powers that local administrations may decide on, and shall organize the implementation thereof, and take responsibility for implementation results;

b/ Ensuring that there is no identicalness or overlap of tasks and powers between central and local state agencies, among local administrations at different levels, or among agencies and organizations of local administrations;

c/ Being suitable to characteristics of rural, urban and island areas and special administrative-economic units, and conforming with the capacity of, and conditions for performance/exercise of tasks/powers of local administrations at all levels. Agencies, organizations and individuals assigned to perform/exercise tasks/powers of superior state agencies shall be provided with necessary conditions for performance/exercise of such tasks/powers;

d/ Ensuring publicity, transparency, accountability and effectiveness of the power control, together with examination, inspection and supervision responsibilities of superior state agencies; ensuring prompt adjustment of contents of power delegation and decentralization when the delegated or decentralized agencies, organizations or individuals ineffectively perform/exercise their tasks/powers;

dd/ Ensuring consistency in organizing the implementation of the Constitution and law;

e/ Meeting local governance requirements; application of science, technology, innovation and digital transformation;

g/ Matters involving 2 or more commune-level administrative units will fall within the competence of district-level local administrations; matters involving 2 or more district-level administrative units will fall within the competence of provincial-level local administrations; and matters involving 2 or more provincial-level administrative units will fall within the competence of central-level state agencies, unless otherwise provided by laws or resolutions of the National Assembly.

3. Local administrations may propose competent agencies to delegate or decentralize powers to competent agencies, organizations or individuals in localities for performance/exercise of tasks/powers in conformity with the local capacity and conditions.

4. The definition of tasks and powers of local administrations and agencies of local administration in legal documents must comply with this Law, ensuring the effective control of the state power.

Article 12. Delegation of powers

1. The delegation of powers to local administrations at all levels shall be provided in laws and resolutions of the National Assembly, which must clearly determine the subjects responsible for implementation, and the content and ambit of tasks and powers, ensuring adherence to the principles of competence definition, and conformity with the tasks and powers of local administrations of all levels specified in this Law.

2. Local administrations have the autonomy in making decisions and organizing the implementation thereof, and shall take accountability within the ambit of their delegated tasks and powers. They may further decentralize or authorize other entities to perform the delegated tasks and powers in accordance with Articles 13 and 14 of this Law, unless the power delegation or decentralization is not allowed under laws or resolutions of the National Assembly.

3. Superior state agencies shall, within the ambit of their tasks and powers, examine, inspect and supervise the constitutionality and legality of the performance/exercise of the delegated tasks/powers by local administrations at all levels.

Article 13. Decentralization

1. Provincial-level People’s Committees and district-level People’s Committees may decentralize specialized agencies or other administrative organizations under their management, or decentralize subordinate People’s Committees or chairpersons of subordinate People’s Committees to perform/exercise one or several of the former’s tasks/powers on a regular and continuous basis in accordance with law, unless the decentralization is not allowed under law.

Provincial-level People’s Committees and district-level People’s Committees may decentralize public non-business units under their management to perform one or several of their tasks on a regular and continuous basis in accordance with law so as to enhance the autonomy of such public non-business units in the governance and public service provision, unless the decentralization is not allowed under law.

2. The decentralization shall be provided in legal documents of the decentralizing agencies. The decentralizing agencies shall ensure necessary conditions for the performance/exercise of the decentralized tasks/powers, unless the decentralized agencies, organizations, units or individuals wish to and can themselves ensure such conditions.

3. The decentralizing agencies shall monitor, guide and inspect the performance/exercise of the decentralized tasks/powers, ensuring effectiveness and efficiency thereof; and shall take responsibility for results of the performance/exercise of the decentralized tasks/powers if failing to ensure the conditions specified in Clause 2 of this Article.

4. The decentralized agencies, organizations, units and individuals may give their opinions on draft documents on the decentralization; propose the decentralizing agencies to adjust the content of decentralization; take responsibility before law and the decentralizing agencies for results of the performance/exercise of the decentralized tasks/powers; and periodically report on and evaluate the performance/exercise of the decentralized tasks/powers, and may not further decentralize the decentralized tasks/powers.

5. Provincial-level People’s Committees may propose the Government, the Prime Minister, ministers, or heads of ministerial-level agencies to decentralize tasks/powers, or propose the Government to request the National Assembly to delegate powers to competent agencies, organizations or individuals in localities in conformity with the local capacity and conditions.

Competent agencies, organizations and individuals in localities may propose People’s Committees to decentralize tasks/powers to them if they meet financial and human resource requirements and other necessary conditions.

6. In case the decentralization requires changes in the provisions of legal documents of superior state agencies on the order, procedures and competence for decentralization, the decentralized agencies, organizations, units and individuals shall propose provincial-level People’s Committees to revise such provisions, ensuring satisfaction of administrative reform requirements toward reducing administrative procedures, not requiring additional dossier components, and not making additions to the currently applied requirements, conditions or processing time.

Provincial-level People’s Committees shall consider and issue documents to adjust the order, procedures and competence of related agencies in order to facilitate the performance/exercise of the decentralized tasks/powers; publicize administrative procedures in accordance with law, and report such adjustments to the central-level state management agencies in charge of related sectors and fields.

Article 14. Authorization

1. The People’s Committee at a level may authorize its Chairperson, and specialized agencies, other administrative organizations or public non-business units under its management, or authorize the subordinate People’s Committee or the Chairperson of the subordinate People’s Committee; the Chairperson of the People’s Committee at a level may authorize specialized agencies, other administrative organizations or public non-business units under the People’s Committee or authorize the Chairperson of the subordinate People’s Committee; specialized agencies and other administrative organizations under the provincial- or district-level People’s Committee may authorize the subordinate People’s Committee or the Chairperson of the subordinate People’s Committee, or specialized agencies or other administrative organizations under the subordinate People’s Committee to perform/exercise one or several of the former’s tasks/powers in accordance with law within a given period and under specific conditions, unless the decentralization or authorization is not allowed under law.

The authorization to public non-business units may only be made for tasks and powers that aim to enhance the autonomy of these units in their governance and public service provision.

2. The authorization must satisfy the following conditions:

a/ Authorization shall be made in writing by the authorizing agency, organization or individual. A letter of authorization must clearly state the content, scope and duration of authorization, and the method of, and necessary conditions for, the performance/exercise of the authorized tasks/powers;

b/ Authorization must be appropriate to the capacity and performance ability of the authorized agency, organization, unit or individual.

3. The authorizing agency, organization or individual shall monitor, guide, inspect and evaluate the performance/exercise of the authorized tasks/powers; and take responsibility before law for the legality of the authorization and results of the performance/exercise of the authorized tasks/powers, unless the authorized agency, organization, unit or individual improperly implement the content, scope or duration of authorization as specified in Clause 4 of this Article. In case the authorization requires changes in the order, procedures or competence for the performance/exercise of the authorized tasks/powers, Clause 6, Article 13 of this Law shall apply.

4. The authorized agency, organization, unit or individual shall properly perform/exercise the authorized tasks/powers and take responsibility before the authorizing agency, organization or individual for performance/exercise results. In case the authorized agency, organization, unit or individual improperly implements the content, scope or duration of the authorization, it/he/she shall take responsibility before law for performance results, and the authorizing agency, organization or individual will not be held responsible for such improper performance.

5. The authorized agency, organization, unit or individual may propose the authorizing agency, organization or individual to adjust the content, scope or duration of the authorization, and may not further authorize the authorized tasks/powers.

6. The authorized agency, organization, unit or individual shall use its/his/her own documentation format and seal for performing the authorized tasks, except the case specified in Clause 7 of this Article.

7. In case the head of an agency or organization signs documents of the agency or organization on behalf of the latter’s leadership; a deputy head signs documents on behalf of the head of the agency or organization; the head authorizes a deputy head or the head of a subordinate agency, organization or unit to sign documents; or a civil servant of the commune-level People’s Committee assigned several tasks and powers by the chairperson of the commune-level People’s Committee signs documents by authorization, the Government’s regulations on clerical work shall apply.

Chapter IV

TASKS AND POWERS OF LOCAL ADMINISTRATIONS

Section 1

TASKS AND POWERS OF PROVINCIAL-LEVEL LOCAL ADMINISTRATIONS

Article 15. Tasks and powers of provincial-level People’s Councils

1. The People’s Council of a province has the following tasks and powers:

a/ To decide on measures to secure the enforcement of the Constitution and law in the locality;

b/ To decide on long-term, medium-term and annual socio-economic development strategies and plans; and master plans and plans on development of sectors and fields of the locality in accordance with law;

c/ To decide on estimates of state budget revenues s in the locality; and local budget revenue-expenditure estimates and budget estimate allocations; to adjust local budget estimates when necessary; to approve final accounts of local budgets; to decide on matters related to charges, fees and capital borrowing in accordance with law;

d/ To decide on mechanisms, policies and measures to develop the fields of finance, investment, science, technology, innovation, digital transformation, land, natural resources, environment, commerce, services, industry, agriculture, construction, transport, education, health, judicial administration, home affairs, labor, social affairs, culture, information, tourism, and physical training and sports of the locality in accordance with law;

dd/ To decide on measures to implement ethnic and religious policies, measures to secure national defense, security, social order and safety, and the performance of external tasks, and measures to protect property of agencies and organizations, safeguard the life, freedom, honor, dignity, property and other lawful rights and interests of citizens, guarantee human rights, and prevent and combat corruption, negative practices, waste, crime and other law violations in the locality in accordance with law;

e/ Based on the Party’s guidelines, to decide on the pilot application of particular or special policies not yet regulated by law in order to promote socio-economic development in the locality after reporting to and obtaining permission from the Prime Minister;

g/ To promulgate Working Regulations of the People’s Council, the Standing Body of the People’s Council, Boards of the People’s Council, People’s Council deputies’ groups, and People’s Council deputies of the province;

h/ To decide on the establishment, reorganization, renaming or dissolution of specialized agencies of the same-level People’s Committee in accordance with law;

i/ To decide on payrolls of cadres and civil servants in agencies of local administrations at all levels based on payroll quotas assigned by competent authorities; to decide on the total number of the state budget-salaried staff in public non-business units under its management; to decide on the total number of, and allowance levels for, part-time personnel at the commune level and in villages and residential groups; to decide on policies on employment of talented people and incentives for cadres, civil servants, public employees and workers working in the locality in conformity with local conditions and budget capacity;

k/ To consider, and give opinions on, the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units in the locality;

l/ To decide on the naming and renaming of roads, streets, squares and public works in the locality in accordance with law;

m/ To elect, relieve from duty and remove from office the Chairperson and Vice Chairpersons of the People’s Council, and Heads of Boards of the People’s Council of the province; and the Chairperson, Vice Chairpersons and members of the same-level People’s Committee; to elect, relieve from duty and remove from office assessors in accordance with law;

n/ To collect or cast votes of confidence for post holders elected by the People’s Council in accordance with law;

o/ To oversee the implementation of the Constitution and law in the locality and the implementation of resolutions of the People’s Council of the province; to oversee the operation of the Standing Body and Boards of the People’s Council of the province; to oversee the operation of the same-level People’s Committee, People’s Court and People’s Procuracy, and other local agencies in accordance with law;

p/ To remove from office the province’s People’s Council deputies and approve their resignation as People’s Council deputies in accordance with law;

q/ To adopt resolutions on matters falling within the ambit of tasks and powers of the People’s Council of the province; to annul, or amend and supplement documents the People’s Council has promulgated if such documents are found inappropriate or unlawful;

r/ To annul part or the whole of unlawful documents promulgated by the same-level People’s Committee or People’s Committee chairperson and those promulgated by district-level People’s Councils;

s/ To propose dissolution of a district-level People’s Council that causes serious damage to the People’s interests and submit such to the National Assembly Standing Committee for ratification;

t/ To perform/exercise the decentralized tasks/powers and other tasks/powers in accordance with law.

2. The People’s Council of a centrally run city has the tasks and powers specified in Clause 1 of this Article and the following tasks and powers:

a/ To decide on strategies, mechanisms, policies and measures to  promote  socio-economic development, and develop urban infrastructure and sectors and fields in the locality in accordance with law;

b/ To decide on measures to bring into full play the role of a major urban area as a socio-economic center in relation to other localities in the area, the region and the country in accordance with law;

c/ To decide on measures to manage urban population and organize urban life in accordance with law.

Article 16. Tasks and powers of provincial-level People’s Committees

1. The People’s Committee of a province has the following tasks and powers:

a/ To formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for performance/exercise of the tasks/powers specified at Points a, b, c, d, dd, e, h, i, k, and l, Clause 1, Article 15 of this Law;

b/ To organize the implementation of the Constitution and law in the locality; to organize the implementation of resolutions of the same-level People’s Council; to ensure physical foundations, human resources and other resources for the implementation of the Constitution and law in the locality;

c/ To coordinate with central-level state agencies and local administrations in promoting the regional and local economic connectivity, and implementing regional master plans, ensuring the consistency of the national economy;

d/ To perform the state administrative management in the  locality in a unified, uninterrupted, continuous, effective, efficient, democratic, law-ruled, professional, modern, transparent, public, and people-centered manner;

dd/ To manage payrolls of civil servants in administrative agencies of local administrations at all levels, the number of state budget-salaried staff members of agencies and units of the People’s Committee, and the number of commune-level cadres and civil servants, and part-time personnel at the commune level and in villages and residential groups in the locality in accordance with law and regulations of competent authorities;

e/ To provide the organizational structure, tasks and powers of specialized agencies of the People’s Committee; to decide on the establishment, reorganization, renaming or dissolution, and define the organizational structures, tasks and powers of public non-business units of the People’s Committee in accordance with law;

g/ To decide on the number of Vice Chairpersons of the People’s Committee of each district-level administrative unit, ensuring that the total number of Vice Chairpersons of district-level People’s Committees in the locality does not exceed the total number specified by the Government;

h/ To promulgate, annul, or amend and supplement the documents the People’s Committee has promulgated if such documents are found inappropriate or unlawful;

i/ To issue the Working Regulation of the People’s Committee of the province;

k/ To perform/exercise the decentralized or authorized tasks/powers and other tasks/powers in accordance with law.

2. The People’s Committee of a centrally run city has the tasks and powers specified in Clause 1 of this Article and the following tasks and powers:

a/ To formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for the performance/exercise of the tasks/powers specified at Points a, b and c, Clause 2, Article 15 of this Law;

b/ To decide on master plans, programs and plans on development of urban areas and urban infrastructure in accordance with law;

c/ To perform the unified management of urban land areas and urban infrastructure in the locality in accordance with law;

d/ To decide to transfer certain functions, tasks and powers of specialized agencies of the municipal People’s Committee as specified by law to other specialized agencies or administrative organizations of the municipal People’s Committee or to People’s Committees of attached urban districts, rural districts, towns or cities.

Article 17. Tasks and powers of Chairpersons of provincial-level People’s Committees

1. The Chairperson of the People’s Committee of a province has the following tasks and powers:

a/ To lead and administer the affairs of the People’s Committee; to convene and chair meetings of the People’s Committee;

b/ To lead and direct the implementation of the Constitution, law, and documents of superior state agencies and the People’s Council and People’s Committee of the province; to carry out inspection and handle violations in the course of implementation of the Constitution and law in the locality;

c/ To lead, and take responsibility for, the operation of the state administrative apparatus of the locality, ensuring uniformity and uninterruptedness of the administrative system; for the development of science, technology, innovation and digital transformation; and for administrative reform and reform of the affairs related to civil service and civil servants in the state administrative system of the locality;

d/ To lead, direct, urge and inspect the work of specialized agencies and other administrative organizations of the People’s Committee of the province, as well as the work of subordinate People’s Committees and chairpersons of subordinate-level People’s Committees;

dd/ To direct and organize the performance of the tasks of socio-economic development and development of sectors and fields in the locality; to organize the state management work in the locality in such fields as finance, investment, land, natural resources, environment, trade, services, industry, agriculture, construction, transport, education, health, judicial administration, judicial support, home affairs, labor, culture, information, tourism, physical training and sports, social affairs, ethnic affairs, religion, national defense, security, social order and safety, and external affairs; to protect the property of agencies and organizations, safeguard the life, freedom, honor, dignity, property, and other lawful rights and interests of citizens, and guarantee human rights; to prevent and combat corruption, negative practices, waste, crime, and other legal violations in the locality in accordance with law;

e/ To decide on the application of other urgent measures as specified by law when necessary for national interests, disaster preparedness and epidemic control, or protection of the life and property of the people in the locality, and report thereon to the Party’s competent agencies and the Prime Minister as soon as possible;

g/ To direct, manage and organize the efficient use of physical foundations, financial sources and state budget allocations in the locality in accordance with law;

h/ To direct, and take responsibility for, the recruitment and employment of civil servants and public employees in the locality in accordance with law and as decentralized by superior state agencies; to decide on the appointment, relief from duty, transfer or dismissal of heads and deputy heads of specialized agencies, other administrative organizations and public non-business units of the People’s Committee of the province;

i/ To direct and promptly handle emergency situations related to disasters, typhoons, floods and epidemics in the locality;

k/ To direct the inspection, examination, citizen reception, complaint and denunciation settlement, and prevention and combat of bureaucracy, corruption, negative practices and waste in the operation of the state administrative apparatus and in socio-economic activities in the locality;

l/ To approve results of the election, relief from duty or removal from office, and decide on the transfer or dismissal of Chairpersons and Vice Chairpersons of district-level People’s Committees; to assign acting Chairpersons of district-level People’s Committees; to decide on work suspension for Vice Chairpersons of the People’s Committee of the province, Chairpersons of district-level People’s Committees, heads of specialized agencies of the People’s Committee of the province, and heads of public non-business units of the People’s Committee of the province;

m/ To issue, annul, or amend and supplement, documents he/she has promulgated if such documents are found inappropriate or unlawful;

n/ To terminate the implementation, or annul part or the whole, of unlawful documents promulgated by specialized agencies of the People’s Committee of the province and those promulgated by district-level People’s Committees or Chairpersons of district-level People’s Committees;

o/ To terminate the implementation of unlawful documents promulgated by district-level People’s Councils and report such to the People’s Committee of the province to propose the same-level People’s Council to annul such documents;

p/ To perform/exercise the decentralized or authorized tasks/powers and other tasks/powers in accordance with law.

2. The Chairperson of the People’s Committee of a centrally run city has the tasks and powers specified in Clause 1 of this Article and the following tasks and powers:

a/ To direct and organize the implementation of master plans, programs and plans for development of urban areas and urban infrastructure in the locality in accordance with law;

b/ To direct and organize the use of urban land areas for the construction of urban infrastructure works in accordance with law;

c/ To direct the inspection of the compliance with law in the building of houses and construction works in urban areas;

d/ To manage urban population; and prevent and combat social evils in urban areas;

dd/ To manage and protect urban space, architecture and landscape; to organize and direct the maintenance of public order and traffic safety, and prevention of traffic congestion.

Section 2

TASKS AND POWERS OF DISTRICT-LEVEL LOCAL ADMINISTRATIONS

Article 18. Tasks and powers of district-level People’s Councils

1. The People’s Council of a rural district has the following tasks and powers:

a/ To decide on measures to secure the implementation of the Constitution and law in the locality;

b/ To decide on socio-economic development policies and plans, and plans on development of sectors and fields in the locality in accordance with law;

c/ To decide on estimates of state budget revenues in the locality; local budget revenue-expenditure estimates and the district’s budget estimate allocations; to adjust local budget estimates when necessary; to approve final accounts of the local budget;

d/ To decide on measures to develop the fields of economy, land, natural resources, environment, education, health, culture, information, tourism, and physical training and sports; measures to implement social policies; measures to secure national defense and security, and the performance of social order and safety tasks; measures to protect the property of agencies and organizations, safeguard the life, freedom, honor, dignity, property, and other lawful rights and interests of citizens, guarantee human rights, and prevent and combat corruption, negative practices, waste, crime, and other law violations in the locality in accordance with law;

dd/ To issue Working Regulations of the People’s Council, the Standing Body of the People’s Council, Boards of the People’s Council, People’s Council deputies’ groups, and People’s Council deputies of the district;

e/ To decide on the establishment, reorganization, renaming and dissolution of specialized agencies of the same-level People’s Committee in accordance with law;

g/ To decide on payrolls of cadres and civil servants in agencies of the district’s administration, the number of the state budget-salaried staff members in public non-business units of the People’s Council based on the payroll quotas assigned by competent authorities; to decide on the specific number of commune-level cadres and civil servants and part-time personnel at the commune level and in villages and residential groups in accordance with law and regulations of competent authorities;

h/ To consider, and give opinions on, the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of the district’s administrative units and subordinate commune-level administrative units;

i/ To decide on the establishment, reorganization, dissolution, naming and renaming of villages and residential groups in accordance with law;

k/ To elect, relieve from duty and remove from office the Chairperson and Vice Chairpersons of the People’s Council and Heads of Boards of the People’s Council of the district; and the Chairperson, Vice Chairpersons and members of the same-level People’s Committee; to elect, relieve from duty and remove from office assessors in accordance with law;

l/ To collect or cast votes of confidence for post holders elected by the People’s Council in accordance with law;

m/ To oversee the implementation of the Constitution and law in the locality and the implementation of resolutions of the district’s People’s Council; to supervise the operation of the same-level People’s Committee, People’s Court and People’s Procuracy, and other local agencies in accordance with law;

n/ To remove from office the district’s People’s Council deputies and approve their resignation as People’s Council deputies in accordance with law;

o/ To adopt resolutions on matters falling within the ambit of tasks and powers of the People’s Council of the district; to annul, or amend and supplement documents the People’s Council has promulgated if such documents are found inappropriate or unlawful;

p/ To annul part or the whole of unlawful documents promulgated by the same-level People’s Committee or Chairperson of the same-level People’s Committee and those promulgated by subordinate commune-level People’s Councils;

q/ To dissolve a subordinate commune-level People’s Council that causes serious damage to the people’s interests and submit the dissolution to the provincial-level People’s Council for approval;

r/ To perform/exercise the decentralized tasks/powers and other tasks/powers in accordance with law.

2. The People’s Council of a town, provincial city or municipal city has the tasks and powers specified in Clause 1 of this Article, and the following tasks and powers:

a/ To decide on mechanisms, policies and measures for development of urban areas and urban infrastructure in the locality in accordance with law;

b/ To decide on measures for population management and organization of urban life, ensuring public order and urban landscape in the locality in accordance with law.

3. The People’s Council of an urban district has the tasks and powers specified in Clause 1 of this Article and at Point b, Clause 2 of this Article.

Article 19. Tasks and powers of district-level People’s Committees

1. The People’s Committee of a rural district has the following tasks and powers:

a/ To formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for performance/exercise of the tasks/powers specified at Points a, b, c, d, e, g, h and i, Clause 1, Article 18 of this Law;

b/ To organize the implementation of the Constitution and law in the locality; to organize the implementation of resolutions of the same-level People’s Council; to ensure physical foundations, human resources and other resources for the implementation of the Constitution and law in the locality;

c/ To perform the state administrative management in the locality, ensuring uniformity, uninterruptedness, continuity, effectiveness, efficiency, democracy, rule of law, professionalism, modern governance, transparency, openness, publicity, and people-serving rule;

d/ To provide the organizational structure, tasks and powers of specialized agencies of the People’s Committee; to decide on the establishment, reorganization, renaming and dissolution of, and provide the organizational structure, tasks and powers of public non-business units of the People’s Committee;

dd/ To decide on the number of Vice Chairpersons of the People’s Committee for each commune-level administrative unit, ensuring that the total number of Vice Chairpersons of commune-level People’s Committees in the locality does not exceed the total number specified by the Government;

e/ To manage payrolls of civil servants in administrative agencies of the district’s administration, the number of the state budget-salaried staff members in public non-business units of the People’s Committee, the number of commune-level cadres and civil servants and part-time personnel at the commune level and in villages and residential groups in the locality in accordance with law and as decentralized by superior state agencies;

g/ To promulgate, or annul or amend and supplement documents the People’s Committee has promulgated if such documents are found inappropriate or unlawful;

h/ To issue the Working Regulation of the People’s Committee of the district;

i/ To perform/exercise the decentralized or authorized tasks/powers and other tasks/powers in accordance with law.

2. The People’s Committee of a town, provincial city or municipal city has the tasks and powers specified in Clause 1 of this Article and the following tasks and powers:

a/ To formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for the performance/exercise of the tasks/powers specified at Points a and b, Clause 2, Article 18 of this Law;

b/ To decide on master plans, programs and plans on development of urban areas and urban infrastructure in the locality in accordance with law;

c/ To manage urban land areas and urban infrastructure in the locality in accordance with law.

3. The People’s Committee of an urban district has the tasks and powers specified in Clause 1 of this Article, and formulate, and submit to the People’s Council of the urban district for consideration and adoption, resolutions for the performance/exercise of the tasks/powers specified at Point b, Clause 2, Article 18 of this Law.

Article 20. Tasks and powers of Chairpersons of district-level People’s Committees

1. The Chairperson of the People’s Committee of a rural district has the following tasks and powers:

a/ To lead and administer the affairs of the People’s Committee; to convene and chair meetings of the People’s Committee;

b/ To lead and direct the implementation of the Constitution, law, and documents promulgated by superior state agencies and those promulgated by the People’s Council and People’s Committee of the district; to carry out inspection and handle violations during the implementation of the Constitution and law in the locality;

c/ To lead, and take responsibility for, the operation of the state administrative apparatus, ensuring the consistency and uninterruptedness of the administrative system; for the development of science, technology, innovation, and digital transformation; and for administrative reform and reform of civil service and civil servants within the state administrative system in the locality;

d/ To lead, direct, urge and inspect the work of specialized agencies and other administrative organizations of the People’s Committee of the district, and the work of commune-level People’s Committees and chairpersons of commune-level People’s Committees;

dd/ To direct and organize the performance of tasks of socio-economic development and development of sectors and fields in the locality; to organize the state management work in the locality in such fields as economy, land, natural resources, environment, education, health, culture, information, tourism, and physical training and sports; to implement social policies and perform national defense, security, and social order and safety tasks; to protect the property of agencies and organizations, safeguard the life, freedom, honor, dignity, property, and lawful rights and interests of citizens, and guarantee human rights; to prevent and combat corruption, negative practices, waste, crime and other law violations in accordance with law;

e/ To manage, and direct and organize the efficient use of, physical foundations, financial sources and state budget allocations in the locality in accordance with law;

g/ To direct, and take responsibility for, the recruitment and employment of civil servants and public employees in the locality in accordance with law and as decentralized by superior state agencies; to decide on the appointment, relief from duty, transfer and dismissal of heads and deputy heads of specialized agencies, other administrative organizations and public non-business units of the People’s Committee of the district;

h/ To direct and promptly handle, emergency situations related to disasters, storms, floods and epidemics in the locality;

i/ To direct, and take responsibility for, inspection, citizen reception, settlement of complaints and denunciations, and prevention and combat of bureaucracy, corruption, negative practices and waste in the operation of the state administrative apparatus and socio-economic activities in the locality;

k/ To approve results of the election, relief from duty and removal from office, and decide on the transfer and dismissal, of the Chairpersons and Vice Chairpersons of commune-level People’s Committees; to assign acting Chairpersons of commune-level People’s Committees; to decide on work suspension for Vice Chairpersons of the People’s Committee of the district, Chairpersons of commune-level People’s Committees, and leaders and managers under his/her management in specialized agencies and heads of public non-business units of the People’s Committee of the district;

l/ To promulgate, or annul, amend and supplement the documents he/she has promulgated if such documents are found inappropriate or unlawful;

m/ To terminate the implementation, or annul part or the whole, of unlawful documents promulgated by specialized agencies of the district’s People’s Committee and those promulgated by commune-level People’s Committees and Chairpersons of commune-level People’s Committees;

n/ To terminate the implementation of unlawful documents promulgated by commune-level People’s Councils and report thereon to the People’s Committee of the district for proposing the same-level People’s Council to annul such documents;

o/ To perform/exercise the decentralized or authorized tasks/powers and other tasks/powers in accordance with law.

2. The Chairperson of the People’s Committee of a town, provincial city or municipal city has the tasks and powers specified in Clause 1 of this Article and the following tasks and powers:

a/ To direct and organize the implementation of master plans, programs and plans on development of urban areas and urban infrastructure in the locality in accordance with law;

b/ To direct and organize the use of urban land areas for the construction of urban infrastructure facilities in accordance with law;

c/ To direct the inspection of the law observance in the building of houses and construction works in urban areas;

d/ To manage urban population, and prevent and combat social evils in urban areas;

dd/ To manage and protect urban space, architecture and landscapes; to organize and direct the maintenance of public order and traffic safety, and the prevention of traffic congestion.

3. The Chairperson of the People’s Committee of an urban district has the tasks and powers specified in Clause 1 and at Points a, c, d and dd, Clause 2 of this Article.

Section 3

TASKS AND POWERS OF COMMUNE-LEVEL LOCAL ADMINISTRATIONS

Article 21. Tasks and powers of commune-level People’s Councils

1. The People’s Council of a commune has the following tasks and powers:

a/ To decide on measures to secure the implementation of the Constitution and laws in the locality;

b/ To decide on estimates of state budget revenues in the locality; local budget revenue-expenditure estimates and the commune’s budget estimate allocations; to adjust local budget estimates when necessary; to approve final accounts of the local budget;

c/ To decide on measures for socio-economic development and for performance of national defense, security, and social order and safety tasks; measures for protecting the property of agencies and organizations, safeguarding the life, freedom, honor, dignity, property, and other lawful rights and interests of citizens, guaranteeing human rights, and preventing and combating corruption, negative practices, waste, crime, and other law violations in the locality in accordance with law;

d/ To decide on policies and measures for the construction of infrastructure and public works in the locality in accordance with law;

dd/ To issue the Working Regulations of the People’s Council, the Standing Body of the People’s Council, Boards of the People’s Council, People’s Council deputies’ groups, and People’s Council deputies of the commune;

e/ To elect, relieve from duty and remove from office the Chairperson and Vice Chairperson of the People’s Council and Heads of Boards of the People’s Council of the commune, and the Chairperson, Vice Chairpersons and members of the same-level People’s Committee; to cast votes of confidence for post holders elected by the People’s Council in accordance with law;

g/ To remove from office the commune’s People’s Council deputies and approve their resignation as People’s Council deputies in accordance with law;

h/ To consider, and give opinions on, the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units of the commune;

i/ To oversee the implementation of the Constitution and law in the locality and the implementation of resolutions of the People’s Council of the commune; to supervise the operation of the People’s Committee of the commune;

k/ To adopt resolutions on matters falling within the ambit of the tasks and powers of the People’s Council of the commune; to annul, or amend and supplement the documents the People’s Council has promulgated if such documents are found inappropriate or unlawful;

l/ To terminate the implementation, or annul a part or the whole, of unlawful documents promulgated by the same-level People’s Committee or Chairperson of the same-level People’s Committee;

m/ To perform/exercise the decentralized tasks/powers and other tasks/powers in accordance with law.

2. The People’s Council of a township has the tasks and powers specified in Clause 1 of this Article and the following tasks and powers:

a/ To decide on measures for the planning and development of the township in accordance with law;

b/ To decide on measures to build a civilized urban lifestyle and manage urban population in accordance with law.

3. The People’s Council of a ward has the tasks and powers specified at Points a, b, c, dd, e, g, h, i, k, l and m, Clause 1 and Point b, Clause 2 of this Article.

Article 22. Tasks and powers of commune-level People’s Committees

1. The People’s Committee of a commune has the following tasks and powers:

a/ To formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for performance/exercise of the tasks/powers specified at Points a, b, c, d and h, Clause 1, Article 21 of this Law;

b/ To organize the implementation of the Constitution and law in the locality; to organize the implementation of resolutions of the same-level People’s Council; to ensure physical foundations, human resources and other resources for the implementation of the Constitution and law in the locality;

c/ To perform the state administrative management in the locality, ensuring uniformity, uninterruptedness, continuity, effectiveness, efficiency, democracy, rule of law, professionalism, modern governance, transparency, openness and the people-serving rule;

d/ To issue the Working Regulation of the People’s Committee of the commune;

dd/ To promulgate, or annul, amend and supplement the documents the People’s Committee of the commune has promulgated if such documents are found inappropriate or unlawful;

e/ To perform/exercise the decentralized or authorized tasks/powers and other tasks/powers in accordance with law.

2. The People’s Committee of a township has the tasks and powers specified in Clause 1 of this Article and formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for the performance/exercise of the tasks/powers specified at Points a and b, Clause 2, Article 21 of this Law.

3. The People’s Committee of a ward has the tasks and powers specified at Points b, c, d, dd and e, Clause 1 of this Article and formulate, and submit to the same-level People’s Council for consideration and adoption, resolutions for the performance/exercise of the tasks/powers specified at Points a, b, c and h, Clause 1, and Point b, Clause 2, Article 21 of this Law.

Article 23. Tasks and powers of Chairpersons of commune-level People’s Committees

1. The Chairperson of the People’s Committee of a commune has the following tasks and powers:

a/ To lead and administer the affairs of the People’s Committee; to convene and chair meetings of the People’s Committee;

b/ To lead and direct the implementation of the Constitution, law, and documents of superior state agencies and of the People’s Council and People’s Committee of the commune; to carry out inspection and handle violations in the course of implementation of the Constitution and law in the locality;

c/ To lead, and take responsibility for, the operation of the state administrative apparatus, ensuring the uniformity and uninterruptedness of the administrative system; and for administrative reform in the locality; to decide on work suspension for Vice Chairpersons of the People’s Committee of the commune, and leaders and managers under his/her management;

d/ To perform the socio-economic development task, protect property of state agencies and organizations, and protect human rights and citizens’ rights; to safeguard the life, freedom, dignity, honor, property, and other lawful rights and interests of citizens, guarantee human rights, and address issues directly related to the people’s livelihood; to ensure security, social order and safety, and prevent and combat corruption, negative practices, waste, crime, and other law violations in the locality as specified by law and decentralized or authorized by superior state agencies;

dd/ To manage, and direct and organize the use of, physical foundations, financial sources and state budget allocations in the locality in accordance with law;

e/ To receive citizens, settle complaints and denunciations, and prevent and combat bureaucracy, corruption, negative practices and waste in the operation of the commune’s administration and in socio-economic activities in the locality;

g/ To direct and promptly respond to emergency circumstances related to disasters, storms, floods and epidemics in the locality;

h/ To guide and inspect self-management activities of villages;

i/ To promulgate, or annul, amend and supplement the documents he/she has issued if such documents are found inappropriate or unlawful;

k/ To perform/exercise the decentralized or authorized tasks/powers and other tasks/powers in accordance with law.

2. The Chairperson of the People’s Committee of a township has the tasks and powers specified at Points a, b, c, d, dd, e, g, i and k, Clause 1 of this Article, and the following tasks and powers:

a/ To direct and organize the implementation of master plans and plans on development of the township in accordance with law;

b/ To manage urban population; to prevent and combat social evils in urban areas; to build a civilized urban lifestyle in accordance with law;

c/ To manage and protect urban space, architecture and landscapes; to organize and direct the maintenance of public order and traffic safety in the township in accordance with law;

d/ To guide and inspect self-management activities of residential groups.

3. The Chairperson of the People’s Committee of a ward has the tasks and powers specified at Points a, b, c, d, dd, e, g, i and k, Clause 1 and Points b, c and d, Clause 2 of this Article.

Article 24. Dialogue between commune-level administrations and the people

1. Every year, a commune-level administration shall organize at least one dialogue with the people in the form of in-person or online dialogue or via lawful social media in accordance with law in order to exchange information on the operation of the local administration and matters related to the rights and obligations of citizens in the locality. For a large commune-level administrative unit, an in-person dialogue may be held for each cluster of villages or residential group.

2. The commune-level People’s Committee shall coordinate with the same-level Vietnam Fatherland Front Committee in organizing the dialogue mentioned in Clause 1 of this Article and, together with a representative of the Standing Body of the People’s Council, co-chair the dialogue; invite representatives of the same-level Party Committee, Vietnam Fatherland Front Committee and socio-political organizations to attend the dialogue; and notify the dialogue’s time, venue, agenda, and participation procedures in the mass media at least 7 days before the dialogue is held.

3. Results of the dialogue shall be notified by the People’s Committee to the people via the mass media, posted at the office of the commune-level administration, and delivered to village chiefs or residential group leaders within 10 days after the dialogue is held.

Section 4

TASKS AND POWERS OF LOCAL ADMINISTRATIONS ON ISLANDS AND IN SPECIAL ADMINISTRATIVE-ECONOMIC UNITS

Article 25. Tasks and powers of local administrations on islands

1. District-level local administrations on islands have the tasks and powers equivalent to those of local administrations in rural districts, urban districts, towns, provincial cities or municipal cities as specified in Section 2 of this Chapter.

2. Commune-level local administrations on islands have the tasks and powers equivalent to those of local administrations in communes, wards or townships as specified in Section 3 of this Chapter.

3. In case no commune-level administrative unit is organized in a district-level administrative unit on an island, the district-level People’s Council and People’s Committee shall also perform/exercise the tasks/powers of the commune-level People’s Council and People’s Committee in accordance with this Law and relevant regulations.

4. The definition of specific tasks and powers of local administrations in administrative units on islands in other legal documents must ensure enhanced autonomy and accountability of state agencies in localities, and ensure flexible and proactive responses to unexpected events or situations to firmly safeguard national independence, sovereignty and territorial integrity in sea areas and on islands, promote advantages and potential of the marine economy, facilitate international economic integration, and attract the people to settle on and protect and develop islands.

Article 26. Tasks and powers of local administrations in special administrative-economic units

The tasks and powers of local administrations in special administrative-economic units shall be defined by the National Assembly upon their establishment, ensuring the application of special or exceptional mechanisms and policies as a driving force for the development of special administrative-economic units.

Chapter V

ORGANIZATION AND OPERATION OF LOCAL ADMINISTRATIONS

Section 1

ORGANIZATION AND OPERATION OF PEOPLE’S COUNCILS

Article 27. Organizational structure of People’s Councils

1. A People’s Council is composed of its Standing Body, its Boards, People’s Council deputies’ groups and People’s Council deputies.

2. The Standing Body of a People’s Council is the standing agency of the People’s Council and has the tasks and powers specified in this Law, tasks assigned by the People’s Council and under relevant regulations; it shall take responsibility before, and report its work to, the People’s Council. The structure of Standing Bodies and the number of Vice Chairpersons of People’s Councils at all levels are specified as follows:

a/ The Standing Body of a People’s Council is composed of the Chairperson of the People’s Council, Vice Chairpersons of the People’s Council, and members being Heads of the Boards of the People’s Council. A member of the Standing Body of a People’s Council may not concurrently act as a member of the same-level People’s Committee;

b/ The Chairperson of a provincial- or district-level People’s Council may be a full-time People’s Council deputy. Vice Chairpersons of People’s Councils at all levels are full-time People’s Council deputies.

In case the Chairperson of a provincial-level People’s Council is a full-time People’s Council deputy, the provincial-level People’s Council may have 1 Vice Chairperson; in case the Chairperson of a provincial-level People’s Council is a part-time People’s Council deputy, the provincial-level People’s Council may have 2 Vice Chairpersons.

A district- or commune-level People’s Council may have 1 Vice Chairperson.

3. A Board of a People’s Council is an agency of the People’s Council and has the tasks of examining draft resolutions, reports and schemes before submitting them to the People’s Council, monitoring and making recommendations on issues in the fields under the Board’s charge; and shall take responsibility before, and report its work to, the People’s Council. The number and structure of Boards of People’s Councils at all levels are specified as follows:

a/ The People’s Council of a province may establish the Legal Affairs Board, the Economic-Budgetary Affairs Board, and the Cultural and Social Affairs Board.

The People’s Council of a centrally run city may establish the Legal Affairs Board, the Economic-Budgetary Affairs Board, the Cultural and Social Affairs Board, and the Urban Affairs Board.

A district- or commune-level People’s Council may establish the Legal Affairs Board and the Socio-Economic Affairs Board.

The People’s Council in a province, district, town or provincial city with a large ethnic minority population may establish the Ethnic Minority Affairs Board;

b/ A Board of a People’s Council is composed of its Head, Deputy Head and members;

c/ The Head of a Board of a provincial- or district-level People’s Council may be a full-time People’s Council deputy. The Head of a Board of a commune-level People’s Council is a part-time People’s Council deputy.

Heads of Boards of a provincial- or district-level People’s Council may not concurrently act as heads of specialized agencies of the same-level People’s Committee;

d/ Deputy Heads of Boards of a provincial- or district-level People’s Council are full-time People’s Council deputies. Deputy Heads of Boards of a commune-level People’s Council are part-time People’s Council deputies.

In case the Head of a Board of a provincial-level People’s Council is a full-time People’s Council deputy, such Board may have 1 Deputy Head; in case the Head of a Board of a provincial-level People’s Council is a part-time People’s Council deputy, such Board may have 2 Deputy Heads.

A Board of a district- or commune-level People’s Council may have 1 Deputy Head;

dd/ Members of Boards of People’s Councils at all levels are part-time People’s Council deputies, unless otherwise provided by the National Assembly.

4. People’s Council deputies who are elected in one or more than one constituency shall form People’s Council deputies’ groups. The number of People’s Council deputies’ groups shall be decided by Standing Bodies of People’s Councils.

5. The term of office of People’s Council deputies follows the term of office of the People’s Councils. People’s Council deputies who are additionally elected shall start performing their tasks as deputies from the opening day of the session following the additional election to the opening day of the first session of the People’s Council of the next term of office.

The term of office of the Standing Body and Boards of a People’s Council follows the term of office of the People’s Council. Upon the expiration of the term of office of the People’s Council, its Standing Body and Boards shall continue to perform their tasks until the People’s Council of the new term of office elects its Standing Body and Boards.

6. Criteria and conditions for establishment of the Ethnic Minority Affairs Board specified at Point a, Clause 3 of this Article must comply with the relevant regulations of the National Assembly Standing Committee.

Article 28. Number of People’s Council deputies

1. The determination of the number of provincial-level People’s Council deputies must adhere to the following principles:

a/ A mountainous or highland province with a population of 500,000 or less may elect 50 deputies; that with a population exceeding 500,000 may additionally elect one deputy for every additional 50,000 people but the total number of deputies must not exceed 75;

b/ A province other than that specified at Point a of this Clause with a population of 1,000,000 or less may elect 50 deputies; that with a population exceeding 1,000,000 may additionally elect one deputy for every additional 70,000 people but the total number of deputies must not exceed 85;

c/ A centrally run city with a population of 1,000,000 or less may elect 50 deputies; that with a population exceeding 1,000,000 may additionally elect one deputy for every additional 60,000 people but the total number of deputies must not exceed 85;

d/ Ho Chi Minh City may elect 95 deputies. The number of People’s Council deputies of Hanoi city must comply with the Law on the Capital.

2. The determination of the number of district-level People’s Council deputies must adhere to the following principles:

a/ A mountainous, highland or island district with a population of 40,000 or less may elect 30 deputies; that with a population exceeding 40,000 may additionally elect one deputy for every additional 7,000 people but the total number of deputies must not exceed 35;

b/ A district other than that specified at Point a of this Clause with a population of 80,000 or less may elect 30 deputies; that with a population exceeding 80,000 may additionally elect one deputy for every additional 15,000 people but the total number of deputies must not exceed 35;

c/ An urban district with a population of 100,000 or less may elect 30 deputies; that with a population exceeding 100,000 may additionally elect one deputy for every additional 15,000 people but the total number of deputies must not exceed 35;

d/ A town with a population of 80,000 or less may elect 30 deputies; that with a population exceeding 80,000 may additionally elect one deputy for every additional 15,000 people but the total number of deputies must not exceed 35;

dd/ A provincial or municipal city with a population of 100,000 or less may elect 30 deputies; that with a population exceeding 100,000 may additionally elect one deputy for every additional 15,000 people but the total number of deputies must not exceed 35;

e/ The number of People’s Council deputies of a district-level administrative unit with 30 or more attached commune-level administrative units shall be decided by the National Assembly Standing Committee at the proposal of the Standing Body of the provincial-level People’s Council, but the total number of deputies must not exceed 40.

3. The determination of the number of commune-level People’s Council deputies must adhere to the following principles:

a/ A mountainous, highland or island commune or township with a population of 2,000 or less may elect 15 deputies; that with a population of between over 2,000 and under 3,000 may elect 19 deputies; that with a population of between 3,000 and 4,000 may elect 21 deputies; that with a population exceeding 4,000 may additionally elect one deputy for every additional 1,000 people but the total number of deputies must not exceed 30;

b/ A commune or township other than that specified at Point a of this Clause with a population of 5,000 or less may elect 25 deputies; that with a population exceeding 5,000 may additionally elect one deputy for every additional 2,500 people but the total number of deputies must not exceed 30;

c/ A ward with a population of 10,000 or less may elect 21 deputies; that with a population exceeding 10,000 may additionally elect one deputy for every additional 5,000 people but the total number of deputies must not exceed 30.

Article 29. Tasks and powers of Standing Bodies of People’s Councils

1. To discuss and decide on issues falling under their competence in accordance with law and within the ambit of their tasks assigned by their People’s Councils.

2. To convene sessions of People’s Councils; to coordinate with People’s Committees in preparing for sessions of People’s Councils.

3. To urge and inspect People’s Committees and other local agencies in implementing resolutions of People’s Councils.

4. To oversee the implementation of the Constitution and law in their localities.

5. To direct, regulate and coordinate activities of Boards of People’s Councils; to examine results of the supervision by Boards of People’s Councils when deeming it necessary and report them to People’s Councils at upcoming sessions; to keep in touch with People’s Council deputies; to summarize questions of People’s Council deputies for reporting to People’s Councils; to request agencies, organizations and individuals to explain issues related to tasks and powers of Standing Bodies of People’s Councils at their meetings.

6. To organize the citizen reception by People’s Council deputies in accordance with law; to urge, examine and consider the settlement of citizens’ petitions, complaints and denunciations; to summarize opinions and aspirations of the people for reporting at sessions of People’s Councils.

7. To decide on the number of members of Boards of their People’s Councils; to approve the list and resignation of Deputy Heads and members of Boards of People’s Councils among People’s Council deputies at the proposal of Heads of Boards of People’s Councils.

8. To approve results of the election, relief from duty and removal from office of Chairpersons and Vice Chairpersons of subordinate People’s Councils.

9. To establish People’s Council deputies’ groups, determine the number of People’s Council deputies of each group, and assign heads and deputy heads of People’s Council deputies’ groups.

10. To submit to People’s Councils the collection or casting of votes of confidence for post holders elected by People’s Councils in accordance with law.

11. To decide to propose the dismissal of People’s Council deputies to People’s Councils or voters.

12. To report on operation of their People’s Councils to immediate superior People’s Councils and People’s Committees; Standing Bodies of provincial-level People’s Councils shall report on operation of their People’s Councils to the National Assembly Standing Committee and the Government.

13. To keep in touch and coordinate with Standing Boards of the same-level Vietnam Fatherland Front Committees; to notify twice a year the same-level Vietnam Fatherland Front Committees of operation of People’s Councils.

14. During the recess of People’s Councils, to decide on the following contents and report them to People’s Councils at the upcoming session:

a/ Measures to settle unexpected and urgent affairs in the prevention, control and remediation of consequences of disasters and epidemics, and the assurance of national defense, security, and social order and safety in localities;

b/ Adjustment of cost estimates, allocation of increased revenues, and saved expenditures for annual budgets.

Article 30. Tasks and powers of Chairpersons and Vice Chairpersons of People’s Councils and members of Standing Bodies of People’s Councils

1. Chairpersons of People’s Councils have the following tasks and powers:

a/ To chair sessions of People’s Councils, ensuring the implementation of the regulations on activities of People’s Council deputies and regulations on sessions of People’s Councils; to sign for authentication resolutions of People’s Councils;

b/ To lead the work of Standing Bodies of People’s Councils; to direct the preparation of tentative agendas, and convene and chair meetings of Standing Bodies of People’s Councils;

c/ To keep in touch, on behalf of Standing Bodies of People’s Councils, with People’s Committees, state agencies, Standing Boards of the Vietnam Fatherland Front Committees, and member organizations of the Vietnam Fatherland Front Committees at the same level, other social organizations and the people;

d/ To decide on work suspension for Vice Chairpersons of their People’s Councils, Heads and Deputy Heads of Boards of their People’s Councils, and Chairpersons of subordinate People’s Councils in the cases specified by competent authorities.

2. Vice Chairpersons of People’s Councils shall assist Chairpersons of People’s Councils in performing tasks and exercising powers assigned by the latter and take personal responsibility before the latter; to take collective responsibility for the performance of tasks and the exercise of powers by Standing Bodies of People’s Councils; to participate in meetings of Standing Bodies of People’s Councils, and discuss and decide on issues falling within the ambit of tasks and powers of Standing Bodies of People’s Councils.

3. Members of Standing Bodies of People’s Councils shall take collective responsibility for the performance of tasks and exercise of powers of Standing Bodies of People’s Councils; take personal responsibility before Standing Bodies of People’s Councils for the performance of tasks and exercise of powers assigned by Standing Bodies of People’s Councils; to participate in meetings of Standing Bodies of People’s Councils, and discuss and decide on issues falling within the ambit of tasks and powers of Standing Bodies of People’s Councils.

4. During a term of office, if the position of Chairperson of a provincial-level People’s Council is vacant, the Standing Body of the People’s Council shall assign one Vice Chairperson of the People’s Council to administer the operation of the People’s Council and its Standing Body until the People’s Council elects a new Chairperson. If the position of the Chairperson of a district- or commune-level People’s Council is vacant, the Vice Chairperson of the district- or commune-level People’s Council shall administer the operation of the People’s Council and its Standing Body until the People’s Council elects a new Chairperson.

In case of vacancy of both the position of Chairperson and the position of Vice Chairperson of a district- or commune-level People’s Council, the Standing Body of the immediate superior People’s Council shall designate a person to administer the operation of the People’s Council and its Standing Body from among district- or commune-level People’s Council deputies until the People’s Council elects a new Chairperson. In case of vacancy of both the position of Chairperson and the position of Vice Chairperson of a provincial-level People’s Council, the National Assembly Standing Committee shall designate a person to administer the operation of the People’s Council and its Standing Body from among the provincial-level People’s Council deputies until the People’s Council elects a new Chairperson.

In case the Chairperson of a district- or commune-level People’s Council is disciplined and subject to request for relief from duty or removal from office, the Standing Body of the immediate superior People’s Council shall decide to assign the Vice Chairperson of the district- or commune-level People’s Council to perform the tasks and exercise the powers of the Chairperson of the People’s Council until a new Chairperson of the People’s Council is elected; in case the Chairperson of a provincial-level People’s Council is disciplined, the National Assembly Standing Committee shall decide on the designation. In case the Vice Chairperson of the People’s Council is also disciplined, a person shall be designated to administer the operation of the People’s Council and its Standing Body from among the People’s Council deputies.

Vice Chairpersons of People’s Councils, persons designated to administer the operation of People’s Councils and their Standing Bodies may perform the tasks and exercise the powers of Chairpersons of People’s Councils in accordance with this Law and other relevant laws.

Article 31. Tasks and powers of People’s Council deputies

1. People’s Council deputies are equal in discussing and deciding on issues falling within the ambit of tasks and powers of People’s Councils.

2. People’s Council deputies shall attend all meetings and sessions of People’s Councils, participate in discussions and vote on issues falling within the ambit of tasks and powers of People’s Councils. If unable to attend a meeting or session, they shall give reasons and report such in advance to the Chairperson of the People’s Council. In case a People’s Council deputy fails to attend consecutive meetings for 1 year without plausible reasons, the Standing Body of the People’s Council shall report such to the People’s Council for removal from office of such People’s Council deputy.

3. People’s Council deputies shall keep in touch with voters of localities where they perform their tasks as deputies; collect and honestly reflect opinions, aspirations and recommendations of voters; protect the lawful rights and interests of voters; observe the voter contact regime; and submit to the supervision by voters.

4. People’s Council deputies shall receive citizens; receive and settle complaints, denunciations and proposals of citizens in accordance with law.

5. People’s Council deputies have the right to question Chairpersons of People’s Committees, other members of People’s Committees, Chief Justices of People’s Courts, Chief Procurators of People’s Procuracies, and heads of agencies of same-level People’s Committees.

6. People’s Council deputies may propose People’s Councils to cast votes of confidence for post holders elected by People’s Councils, organize thematic sessions, behind-closed-doors sessions or sessions to settle arising affairs and make recommendations on other issues they deem necessary.

7. When detecting acts of law violation, causing damage to interests of the State, or lawful rights and interests of organizations and individuals, People’s Council deputies may request concerned agencies and organizations to take necessary measures to promptly terminate such acts.

8. When performing their tasks and exercising their powers, People’s Council deputies have the right to request agencies, organizations and individuals to provide information and documents related to tasks and powers of such agencies, organizations and individuals.

9. It is prohibited to arrest, detain, hold in custody, or initiate legal proceedings against, People’s Council deputies, or search residences and workplaces of People’s Council deputies without obtaining the consent of People’s Councils or the consent of Standing Bodies of People’s Councils during the recess of People’s Councils. In case a People’s Council deputy is held in custody for a flagrant offense, the custody agency shall immediately report such to the People’s Council or its Standing Body for consideration and decision.

Article 32. Sessions of People’s Councils

1. A People’s Council shall hold at least 2 sessions a year.

A People’s Council shall decide on the plan to hold regular sessions at its first session for the first year of its term of office and at the last session of the preceding year for the subsequent years of its term of office at the proposal of the Standing Body of the People’s Council.

2. A People’s Council shall hold a thematic meeting or meet to settle arising affairs at the request of the Standing Body of the People’s Council, the Chairperson of the same-level People’s Committee or at least one-third of the total number of the People’s Council deputies.

3. Voters in communes, wards or townships have the right to request in writing the People’s Councils of their communes, wards or townships to meet, discuss and decide on affairs of their communes, wards or townships. When a request contains signatures of more than 10% of the total number of voters of the commune, ward or township according to the list of voters for election of commune-level People’s Council deputies at the upcoming election, the Standing Body of the commune-level People’s Council shall hold a thematic meeting of the People’s Council or meet to settle an arising affair in order to discuss the proposals of voters. A voters’ request is considered valid when it contains signatures, full names, dates of birth and addresses of all signatories. The signatories of a request may appoint one of them to act as their representative to attend the meeting of the People’s Council to discuss the proposals of voters.

4. People’s Councils shall meet in public. In case of necessity, at the proposal of the Standing Body of a People’s Council or the Chairperson of the same-level People’s Committee, or at the request of at least one-third of the total number of People’s Council deputies, the People’s Council may decide to hold a behind-closed-doors meeting.

Article 33. Votes of People’s Councils

1. People’s Councils shall decide on issues falling within the ambit of their tasks and powers by voting. The voting may be held in the form of voting in person, online voting or in other appropriate forms in accordance with the Working Regulations of People’s Councils.

2. A resolution of a People’s Council shall be adopted when it is voted for by more than half of the total number of People’s Council deputies. Particularly, a resolution on the removal from office of a People’s Council deputy shall be adopted when it is voted for by at least two-thirds of the total number of People’s Council deputies.

Article 34. Election of title holders of People’s Councils and People’s Committees at the local administration level

1. People’s Councils shall elect their Chairpersons and Vice Chairpersons and Heads of their Boards from among People’s Council deputies on lists of nominees for each of posts of members of their Standing Bodies.

At the first session, a People’s Council shall elect its Chairperson and Vice Chairpersons and Heads of its Boards from among People’s Council deputies at the proposal of the Standing Body of the People’s Council of the previous term of office.

In case of vacancy of the Standing Body of a People’s Council, the National Assembly Standing Committee shall designate a person to chair the sessions of the provincial-level People’s Council; the Standing Body of the superior People’s Council shall designate a person to chair the session of the subordinate People’s Council; the People’s Council shall elect its Chairpersons and Vice Chairpersons and Heads of its Boards from among the People’s Council deputies recommended by the person chairing the session.

2. People’s Councils shall elect Chairpersons of People’s Committees from among persons recommended by Chairpersons of People’s Councils; and elect Vice Chairpersons and members of People’s Committees from among persons recommended by Chairpersons of People’s Committees. Chairpersons of People’s Committees are not necessarily People’s Council deputies.

3. Results of the election of Chairpersons and Vice Chairpersons of provincial-level People’s Councils shall be approved by the National Assembly Standing Committee; results of the election of Chairpersons and Vice Chairpersons of district- and commune-level People’s Councils shall be approved by Standing Bodies of immediate superior People’s Councils.

4. Results of the election of Chairpersons and Vice Chairpersons of provincial-level People’s Committees shall be approved by the Prime Minister; results of the election of Chairpersons and Vice Chairpersons of district- and commune-level People’s Committees shall be approved by Chairpersons of immediate superior People’s Committees.

5. When People’s Councils elect the title holders specified in this Article, if there are People’s Council deputies who stand for election or nominate additional candidates not on lists of candidates recommended by competent agencies or persons, Standing Bodies of People’s Councils shall submit such candidates to People’s Councils for consideration and decision; particularly, at the first session of each term of office of a People’s Council, the person chairing the session shall submit additional candidates to the People’s Council for consideration and decision.

6. Holders of the posts specified in Clauses 1 and 2 of this Article shall perform their tasks and exercise their powers right after being elected by People’s Councils.

7. Within 5 working days from the date of election of the Chairperson and Vice Chairpersons of a People’s Council, and the Chairperson and Vice Chairpersons of a People’s Committee, the Standing Body of the People’s Council shall send the election results to a competent agency or person for approval under Clauses 3 and 4 of this Article. Within 10 working days after receiving the election results, the competent agency or person shall consider and approve them; in case of refusal to approve the election results, it/he/she shall reply in writing, clearly stating the reason, and request the People’s Council to organize the re-election of the post holder(s) not approved.

Article 35. Resignation, relief from duty or removal from office of post holders elected by People’s Councils

1. Persons elected by People’s Councils may apply for resignation if they are no longer able to continue performing their tasks for health reasons or other reasons. A person wishing to resign shall make a resignation application and send it to the agency or person competent to recommend the People’s Council that has elected such post. Such agency or person shall propose the People’s Council to relieve from duty the person applying for resignation at the upcoming session of the People’s Council.

2. People’s Councils shall relieve from duty or remove from office their Chairpersons and Vice Chairpersons and Heads of their Boards at the proposal of their Standing Bodies.

3. People’s Councils shall relieve from duty or remove from office Chairpersons of same-level People’s Committees at the proposal of Chairpersons of People’s Councils; relieve from duty or remove from office Vice Chairpersons and members of same-level People’s Committees at the proposal of Chairpersons of People’s Committees.

4. Results of the relief from duty or removal from office of Chairpersons and Vice Chairpersons of People’s Councils, and Chairpersons and Vice Chairpersons of People’s Committees shall be approved by the competent agencies and persons specified in Clauses 3 and 4, Article 34 of this Law.

Article 36. Suspension of, resignation as, removal from office, and loss of status, of People’s Council deputies

1. The Standing Body of a People’s Council shall decide to suspend the performance of tasks and the exercise of powers of a People’s Council deputy in the following cases:

a/ Legal proceedings are initiated against him/her;

b/ In the course of examining and handling his/her violation, there are grounds to believe that he/she, as a cadre, civil servant or public employee, is subject to disciplining in the form of caution or more severe disciplinary form or criminally handled and against him/her the inspection, examination, auditing, investigation, prosecution, adjudication or judgment execution agency has made a written request for suspension of the performance of tasks and the exercise of powers of a People’s Council deputy.

2. People’s Council deputies may continue to perform their tasks and exercise their powers and have other lawful rights and interests restored when competent agencies make decisions or conclusions on the non-commission of violations and non-imposition of disciplinary forms, or decisions on termination of investigation and termination of cases against such deputies, or from the date the legally effective court judgments or rulings declare such deputies not guilty or exempt from penal liability.

People’s Council deputies who are disciplined may, depending on the nature and severity of their violations, apply for termination of the performance of the tasks of deputies, or Standing Bodies of People’s Councils shall consider and decide to permit such deputies to continue to perform the tasks and exercise the powers of deputies or shall request People’s Councils to remove from office such deputies.

3. A People’s Council or its Standing Body shall, during its recess, consider and approve the resignation as a People’s Council deputy in the following cases:

a/ He/she no longer works at the agency, organization or enterprise in the administrative unit of which he/she is a deputy, and does not reside in such administrative unit;

b/ He/she so requests for the health reason or another reason.

4. The suspension of the performance of tasks and the exercise of powers of People’s Council deputies and the approval of the resignation as People’s Council deputies by Standing Bodies of People’s Councils specified in Clauses 1 and 3 of this Article shall be reported to People’s Councils at their upcoming sessions.

5. People’s Council deputies who do not fully satisfy the criteria for People’s Council deputies and are no longer worthy of the people’s trust shall be removed from office by People’s Councils or voters.

Standing Bodies of People’s Councils shall decide to propose their People’s Councils to remove from office People’s Council deputies or, at the request of the same-level Vietnam Fatherland Front Committees, propose the removal from office of People’s Council deputies by voters.

In case the People’s Council removes from office a People’s Council deputy, the removal from office shall be voted for by at least two-thirds of the total number of People’s Council deputies.

Procedures for voters to remove from office People’s Council deputies must comply with the relevant regulations of the National Assembly Standing Committee.

6. A People’s Council deputy who is convicted of a crime by a court judgment or ruling shall automatically lose the status of a People’s Council deputy from the date the court judgment or ruling takes legal effect.

7. A People’s Council deputy who has resigned as a deputy, been relieved from duty, been removed from office or lost the status of a deputy shall automatically cease to assume his/her posts in the Standing Body and Boards of the People’s Council.

Section 2

ORGANIZATION AND OPERATION OF PEOPLE’S COMMITTEES

Article 37. Organizational structure of People’s Committees

1. A People’s Committee is composed of its Chairperson, Vice Chairpersons and members as specified by the Government.

2. Specialized agencies of People’s Committees organized at the provincial and district levels shall advise and assist People’s Committees in performing the state management of sectors and fields in their localities and perform tasks and exercise powers as decentralized or authorized by People’s Committees, Chairpersons of People’s Committees and superior state agencies.

3. Civil servants of commune-level People’s Committees shall advise and assist commune-level People’s Committees and Chairpersons of commune-level People’s Committees in performing the state management in their localities, performing tasks and exercising powers as assigned by commune-level People’s Committees and Chairpersons of commune-level People’s Committees in accordance with law.

4. The Government shall specify the framework number of Vice Chairpersons and the number of members of People’s Committees at all levels, the framework number of specialized agencies of provincial- and district-level People’s Committees; the order and procedures for requesting People’s Councils to elect, relieve from duty or remove from office members of People’s Committees, ensuring the connection with the procedures for appointment, relief from duty or dismissal of heads of specialized agencies of People’s Committees; the order and procedures for transfer or dismissal of Chairpersons and Vice Chairpersons of People’s Committees, and the assignment of acting chairpersons of People’s Committees at the local administration level.

Article 38. Operation of People’s Committees

1. People’s Committee shall regularly meet once a month. A People’s Committee shall hold a thematic meeting or meet to settle arising affairs in the following cases:

a/ As decided by the Chairperson of the People’s Committee;

b/ As requested by the Chairperson of the immediate superior People’s Committee; or by the Prime Minister, for meetings of provincial-level People’s Committees;

c/ As requested by at least one-third of the total number of members of the People’s Committee.

2. The following contents shall be discussed and decided by People’s Committees:

a/ Draft resolutions of People’s Councils, and draft decisions of People’s Committees as specified in the Law on Promulgation of Legal Documents;

b/ Strategies; master plans; long-term, medium-term and annual socio-economic development plans; medium-term and annual public investment plans; 5-year financial plans and 3-year finance-state budget plans of provinces and centrally run cities; annual state budget estimates and local budget allocation plans; and state budget account-finalizations for reporting to competent authorities under regulations;

c/ Monthly, quarterly, biannual and annual socio-economic reports or reports on important and unexpected issues and tasks and solutions to direct and administer the implementation of socio-economic development plans;

d/ Organizational structures of People’s Committees; the establishment and abolition of specialized agencies and other administrative organizations of People’s Committees; the establishment, dissolution, merger and division of administrative units, adjustment of boundaries and renaming of administrative units at all levels for reporting to competent authorities under regulations;

dd/ Annual working programs of People’s Committees; review of the direction and administration work of People’s Committees and Chairpersons of People’s Committees and the implementation of Working Regulations of People’s Committees;

e/ Issues subject to discussion and decision by People’s Committees as specified by law;

g/ Other issues as specified in Working Regulations of People’s Committees.

3. Decisions of a People’s Committee shall be voted for by more than half of the total number of members of the People’s Committee. In case votes for and votes against are equal, the opinion voted for by the Chairperson of the People’s Committee shall prevail. Voting may be carried out at a meeting of the People’s Committee or in the form of opinion sheets sent to members of the People’s Committee.

4. People’s Committees may authorize their Chairpersons to consider and decide on issues that fall within the competence of the People’s Committees and need to be urgently handled or issues that have been agreed in principle by the People’s Committees, except those specified in Clause 2 of this Article. Chairpersons of People’s Committees shall report or assign Vice Chairpersons of People’s Committees to report on the decided issues at the upcoming meeting of the People’s Committees.

5. Vice Chairpersons of People’s Committees shall perform tasks of Chairpersons of People’s Committees in the fields and working areas and within the ambit of powers delegated by the latter and take personal responsibility before the latter and before law for their decisions in such fields and areas and within the ambit of the delegated powers.

When the Chairperson of a People’s Committee is absent, 1 Vice Chairperson of the People’s Committee assigned by the former shall lead the work of the People’s Committee.

6. Members of People’s Committees shall perform specific jobs in sectors and fields assigned by the People’s Committees or Chairpersons of the People’s Committees; participate in the settlement of common affairs of the People’s Committee collectives; and work together with the People’s Committee collectives in deciding on, and jointly take responsibility for, issues under the competence of the People’s Committees.

Article 39. Transfer or dismissal of Chairpersons and Vice Chairpersons of People’s Committees

1. The Prime Minister shall decide on transfer of Chairpersons and Vice Chairpersons of provincial-level People’s Committees; Chairpersons of provincial- and district-level People’s Committees shall decide on transfer of Chairpersons and Vice Chairpersons of immediate subordinate People’s Committees.

2. The Prime Minister shall decide on dismissal of Chairpersons and Vice Chairpersons of provincial-level People’s Committees; Chairpersons of provincial- and district-level People’s Committees shall decide on dismissal of Chairpersons and Vice Chairpersons of immediate subordinate People’s Committees when the latter commit acts of law violation or fail to properly perform their functions and tasks.

3. Chairpersons and Vice Chairpersons of People’s Committees who are transferred or dismissed shall terminate the performance of their tasks as soon as the transfer or dismissal decisions take effect.

Article 40. Assignment of acting Chairpersons of People’s Committees

During the vacancy of the Chairperson of a People’s Committee, the Standing Body of the provincial-level People’s Council shall propose the Prime Minister to decide on assignment of an acting Chairperson of the same-level People’s Committee; the Standing Body of the district-level People’s Council shall propose the Chairperson of the provincial-level People’s Committee to decide on assignment of an acting Chairperson of the same-level People’s Committee; the Standing Body of the commune-level People’s Council shall propose the Chairperson of the district-level People’s Committee to decide on assignment of an acting Chairperson of the same-level People’s Committee. An acting Chairperson of a People’s Committee shall terminate the performance of his/her tasks as soon as the People’s Council elects the Chairperson of the People’s Committee.

 

Chapter VI

ORGANIZATION OF LOCAL ADMINISTRATIONS IN CASE OF ADJUSTMENT OF BOUNDARIES OF ADMINISTRATIVE UNITS AND OTHER SPECIAL CASES

Article 41. Organization of local administrations upon merger of same-level administrative units

1. In case multiple administrative units are merged into a new administrative unit at the same level, deputies of the People’s Councils of the former administrative units shall form the People’s Council of the new administrative unit and continue to work until the expiration of their term of office, unless the new administrative unit does not organize the local administration level.

2. The first meeting of the People’s Council of the new administrative unit specified in Clause 1 of this Article shall be convened by 1 person designated by the Standing Body of the immediate superior People’s Council from among deputies of the People’s Council of the new administrative unit; or by the National Assembly Standing Committee, for the provincial level, in order to convene and chair the meeting until the People’s Council elects the Chairperson of the People’s Council of the new administrative unit.

3. The People’s Council of the new administrative unit specified in Clause 1 of this Article shall elect the title holders of the People’s Council and People’s Committee under Article 34 of this Law and operate until the People’s Council of the new term of office is elected.

Article 42. Organization of local administrations upon division of an administrative unit into multiple administrative units at the same level

1. In case an administrative unit is divided into multiple new administrative units at the same level, People’s Council deputies who have been elected or are performing tasks of deputies in the geographical area of a certain new administrative unit shall form the People’s Council of such administrative unit and continue to work until the expiration of their term of office.

2. In case the People’s Council of a new administrative unit has a number of deputies larger than or equal to two-thirds of the total number of deputies permitted to be elected in accordance with this Law, the People’s Council of the new administrative unit shall elect the title holders of the People’s Council and People’s Committee under Article 34 of this Law and operate until the People’s Council of the new term of office is elected.

3. In case the number of deputies of the People’s Council of a new administrative unit is smaller than two-thirds of the total number of deputies permitted to be elected in accordance with this Law and the remaining term of office is longer than 18 months, the additional election of deputies of the People’s Council must comply with the law on election. The People’s Council with additionally elected deputies shall elect the title holders of the People’s Council and the People’s Committee under Article 34 of this Law and operate until the People’s Council of the new term of office is elected.

4. The first meeting of the People’s Council of a new administrative unit specified in Clauses 2 and 3 of this Article shall be convened by 1 person designated by the Standing Body of the immediate superior People’s Council from among deputies of the People’s Council of the new administrative unit; or by the National Assembly Standing Committee, for the provincial level, in order to convene and chair the meeting until the People’s Council elects the Chairperson of the People’s Council of the new administrative unit.

5. In case the number of deputies of the People’s Councils of the new administrative units is smaller than two-thirds of the total number of deputies permitted to be elected in accordance with this Law and the remaining term of office is shorter than or equal to 18 months, the Standing Body of the immediate superior People’s Council shall designate acting Chairpersons of the People’s Councils; for provincial-level administrative units, the National Assembly Standing Committee shall designate acting Chairpersons of People’s Councils at the proposal of the Standing Bodies of the People’s Councils of the administrative units before the division to perform the tasks and exercise the powers specified in Clause 3, Article 46 of this Law.

Chairpersons of immediate superior People’s Committees shall designate acting Chairpersons of People’s Committees or provisional People’s Committees; for provincial-level administrative units, the Prime Minister shall designate acting Chairpersons of their People’s Committees or provisional People’s Committees to perform the tasks and exercise the powers of Chairpersons of People’s Committees or of People’s Committees in accordance with this Law until the People’s Committees of the new term are elected.

Article 43. Organization of local administrations upon establishment of a new administrative unit on a status-quo basis

In case of establishment of a new administrative unit on the basis of the status quo of an existing administrative unit, the deputies of the People’s Council, the Standing Body of the People’s Council, the People’s Committee, the Boards of the People’s Council, and the People’s Council deputies’ groups of the existing administrative unit will become deputies of the People’s Council, the Standing Body of the People’s Council, the People’s Committee, the Boards of the People’s Council, and the People’s Council deputies’ groups of the new administrative unit.

The term of office of the People’s Council of the new administrative unit shall be counted as the first term of office from the time of establishment.

Article 44. Organization of local administrations upon establishment of a new administrative unit on the basis of adjustment of part of the territory and population of existing administrative units

1. In case of establishment of a new administrative unit on the basis of adjustment of part of the territory and population of administrative units at the same level, the People’s Council deputies at that level who are residing or working in such territory may form the People’s Council of the new administrative unit and continue to work in the new administrative unit until the expiration of their term of office.

2. The organization and operation of local administrations in the new administrative unit must comply with Article 42 of this Law.

3. The People’s Council and People’s Committee of an administrative unit that has part of its administrative boundaries adjusted for establishing a new administrative unit may continue to operate until the expiration of their term of office; the additional election of People’s Council deputies must comply with the law on election.

Article 45. Operation of People’s Council deputies when residential collectives are moved

1. In case part of the territory and population of an administrative unit is transferred to another administrative unit, the People’s Council deputies who are residing or working in that territory shall act as People’s Council deputies at the level equivalent to that of the administrative unit receiving such part of the territory and population and continue to work until the expiration of their term of office.

2. In case a residential collective is moved to another place, the People’s Council deputies who move together with such residential collective shall act as People’s Council deputies at the level equivalent to that of the administrative unit receiving the residential collective and continue to work until the expiration of their term of office.

3. The People’s Council and People’s Committee of the administrative unit that receives part of the territory and population of another administrative unit or receives a residential collective may continue to operate until the expiration of their term of office.

Article 46. Operation of People’s Councils when they fall short of two-thirds of the total number of their deputies

1. In case a People’s Council falls short of two-thirds of the total number of its deputies permitted to be elected in accordance with this Law and the remaining term of office is longer than 18 months, the additional election of People’s Council deputies must comply with the law on election.

2. In case a People’s Council falls short of two-thirds of the total number of its deputies permitted to be elected in accordance with this Law and the remaining term of office is shorter than or equal to 18 months, the People’s Council shall discuss and decide on local socio-economic development plans and budgets, election, removal from office and relief from duty of title holders elected by the People’s Council, the establishment, reorganization and dissolution of the Boards of the People’s Council and the specialized agencies of the same-level People’s Committee, and urgent affairs falling within the ambit of the tasks and powers of the People’s Council in accordance with law.

Decisions on the affairs specified in this Clause shall be voted for by more than two-thirds of the total remaining number of People’s Council deputies.

In case of vacancy of the Chairperson of a People’s Council, the Standing Body of the immediate superior People’s Council shall designate an acting Chairperson of the People’s Council; for provincial-level administrative units, the National Assembly Standing Committee shall designate acting Chairpersons of People’s Councils.

3. The Chairperson or acting Chairperson of a People’s Council in the case specified in Clause 2 of this Article has the following tasks and powers:

a/ To coordinate with the People’s Committee in preparing meetings of the People’s Council deputies; to convene and chair meetings of People’s Council deputies to discuss and adopt resolutions of the People’s Council on local socio-economic development plans and budgets;

b/ To summarize questions of People’s Council deputies, and opinions and proposals of voters for reporting at meetings of People’s Council deputies;

c/ To keep in touch with, urge and create conditions for, People’s Council deputies to work;

d/ To convene and chair the first session of the People’s Council of the new term of office until the People’s Council elects its Chairperson;

dd/ To perform other tasks and exercise other powers of the Standing Body of the People’s Council in accordance with law.

Article 47. Dissolution of People’s Councils

1. Any People’s Councils that cause serious damage to the interests of the people shall be dissolved.

2. The competence to dissolve People’s Councils is provided as follows:

a/ The National Assembly Standing Committee may dissolve provincial-level People’s Councils;

b/ Provincial-level People’s Councils may dissolve district-level People’s Councils;

c/ District-level People’s Councils may dissolve commune-level People’s Councils.

3. District-level People’s Councils’ resolutions on dissolution of commune-level People’s Councils shall be submitted to provincial-level People’s Councils for approval; provincial-level People’s Councils’ resolutions on dissolution of district-level People’s Councils shall be submitted to the National Assembly Standing Committee for approval.

4. A dissolved provincial-level People’s Council shall terminate its operation as soon as the National Assembly Standing Committee’s resolution on dissolution of the provincial-level People’s Council takes effect.

A dissolved district- or commune-level People’s Council shall terminate its operation as soon as the resolution on dissolution of the People’s Council is approved by a competent state agency.

5. In case a People’s Council is dissolved, the Chairperson of the immediate superior People’s Committee shall designate an acting Chairperson of the People’s Committee and the provisional People’s Committee; for a provincial-level administrative unit, the Prime Minister shall designate an acting Chairperson of the People’s Committee and the provisional People’s Committee in order to perform the tasks and exercise the powers of the Chairperson of the People’s Committee and of the People’s Committee in accordance with this Law until the new People’s Council and People’s Committee are elected.

6. The National Assembly Standing Committee shall decide on and announce the date of election of People’s Council deputies in case of dissolution of a provincial-level People’s Council; the Standing Body of the provincial-level People’s Council shall decide on and announce the date of election of People’s Council deputies in case of dissolution of a district- or commune-level People’s Council. The election of People’s Council deputies must comply with the law on election. A newly elected People’s Council shall perform its tasks until the expiration of the term of office of the dissolved People’s Council.

 

Chapter VII

IMPLEMENTATION PROVISIONS

Article 48. Amendments and supplementations to the Law of the Sea of Vietnam

To add Clause 3 below Clause 2, Article 7 of Law No. 18/2012/QH13 of the Sea of Vietnam as follows:

“3. The Government shall delineate the maritime administrative boundaries for provincial-, district- and commune-level administrative units in the coastal localities; assign the islands under Vietnam’s sovereignty to the coastal provinces and centrally run cities for management; and establish boundaries of administrative units for natural alluvial areas and reclaimed land areas.”.

Article 49. Effect

1. This Law takes effect on March 1, 2025, except for the case specified in Clause 3, Article 50 of this Law.

2. The organization of urban administrations in Ho Chi Minh City, Da Nang city and Hai Phong city continues to comply with the National Assembly’s Resolution No. 131/2020/QH14 of November 16, 2020, on the organization of the urban administration in Ho Chi Minh City; the National Assembly’s Resolution No. 98/2023/QH15 of June 24, 2023, on pilot implementation of a number of particular mechanisms and policies for the development of Ho Chi Minh City; the National Assembly’s Resolution No. 136/2024/QH15 of June 26, 2024, on the organization of the urban administration and pilot implementation of a number of particular mechanisms and policies for the development of Da Nang city; and the National Assembly’s Resolution No. 169/2024/QH15 of November 30, 2024, on the organization of the urban administration in Hai Phong city.

People’s Committees of urban districts in administrative units without the local administration level in Ho Chi Minh City, Da Nang city and Hai Phong city shall additionally perform the tasks and exercise the powers specified at Point i, Clause 1, Article 18 of this Law.

3. The organization of the urban administration in Hanoi city must comply with the Law on the Capital.

To annul Clause 5, Article 14 of Law No. 39/2024/QH15 on the Capital, which has a number of articles amended and supplemented under Law No. 47/2024/QH15, Law No. 55/2024/QH15, Law No. 57/2024/QH15, and Law No. 58/2024/QH15. The contents concerning the regime of responsibility, the assurance of conditions for implementation, and the use of documents and seals upon power delegation or authorization must comply with this Law.

4. Law No. 77/2015/QH13 on Organization of Local Administration, which has a number of articles amended and supplemented under Law No. 21/2017/QH14, Law No. 47/2019/QH14, Law No. 31/2024/QH15, Law No. 34/2024/QH15, Law No. 43/2024/QH15, Law No. 47/2024/QH15, and Law No. 58/2024/QH15, ceases to be effective on the effective date of this Law, except the case specified in Clause 3, Article 50 of this Law.

Article 50. Transitional provisions

1. Within 2 years from the effective date of this Law, legal documents that have provisions on tasks and powers of local administrations at all levels shall be amended and supplemented to ensure adherence to the principles specified in Articles 11, 12, 13 and 14 of, and the tasks and powers of local administrations at all levels specified in, this Law.

From the effective date of this Law, in order to promptly step up the decentralization and delegation of powers to local administrations in a number of priority and urgent fields, the Government shall be assigned to promulgate legal documents under its competence to re-define tasks and powers of local administrations and modify other provisions related to the performance of tasks and exercise of powers of local administrations for uniform application pending the amendment and supplementation of the laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee, and periodically report thereon to the National Assembly Standing Committee; or report cases related to the laws and resolutions of the National Assembly to the National Assembly at the upcoming session.

2. Pending the promulgation of legal documents by competent agencies to regulate the tasks and powers of local administrations in the sectors and fields in accordance with this Law, the current provisions on the responsibility for performing tasks and exercising powers of local administrations must continue to be implemented until competent agencies promulgate the amending, supplementing or replacing legal documents.

3. The organization of People’s Committees of the 2021-2026 term of office must continue to comply with the provisions on their structures and composition of Law No. 77/2015/QH13 on Organization of Local Administration, which has a number of articles amended and supplemented under Law No. 21/2017/QH14, Law No. 47/2019/QH14, Law No. 31/2024/QH15, Law No. 34/2024/QH15, Law No. 43/2024/QH15, Law No. 47/2024/QH15, and Law No. 58/2024/QH15, until the Government promulgates relevant regulations in accordance with Clause 1, Article 37 of this Law.-

This Law was passed on February 19, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam, at its 9th extraordinary session.

Chairman of the National Assembly
TRAN THANH MAN


[1] Công Báo Nos 605-606 (27/3/2025)

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