Law on Organization of the People’s Councils and the People’s Committees 2003, No. 11/2003/QH11

ORDER No. 21/2003/L-CTN OF DECEMBER 10, 2003 ON LAW PROMULGATION

THE STATE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented by Resolution No.51/2001/QH10 of December 25, 2001 of the X^th National Assembly, the 10^th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 50 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Organization of People’s Councils and People’s Committees,

which was passed on November 26, 2003 by the XI^th National Assembly of the Socialist Republic of Vietnam at its 4^th session.

State President of the Socialist Republic of Vietnam
TRAN DUC LUONG

LAW ON ORGANIZATION OF THE PEOPLE’S COUNCILS AND THE PEOPLE’S COMMITTEES

(No. 11/2003/QH11 November 26, 2003)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which has been amended and supplemented by Resolution No.51/2001/QH10 of December 25, 2001 of the X^th National Assembly, the 10^th session;

This Law prescribes the organization and operation of the People’s Councils and the People’s Committees.

Chapter I

GENERAL PROVISIONS

Article 1.- The People’s Councils are the State power agencies in localities, which represent the people’s will, aspirations and mastery, are elected by the local people and answerable to the local people and superior State bodies.

The People’s Councils decide on important undertakings and measures to bring into play the potentials of localities, to build and develop the localities economically and socially, to consolidate defense and security, to constantly improve the local people’s material and spiritual life and to fulfill the localities’ obligations towards the whole country.

The People’s Councils exercise the right to supervise the activities of the Standing Bodies of the People’s Councils, the People’s Committees, the People’s Courts and the People’s Procuracies of the same level; supervise the realization of resolutions of the People’s Councils; supervise the law observance by State bodies, economic organizations, social organizations, people’s armed force units and citizens in their respective localities.

Article 2.- The People’s Committees are elected by the People’s Councils, being the executive bodies of the People’s Councils, the State administrative bodies in localities and taking responsibility before the People’s Councils of the same level and the superior State bodies.

The People’s Committees have the responsibility to abide by the Constitutions, laws, legal documents of superior State bodies and resolutions of the People’s Councils of the same level in order to ensure the implementation of undertakings and measures for socio-economic development, defense and security consolidation and the implementation of other policies in the localities.

The People’s Committees perform the function of State management in localities, contributing to ensuring the uniform direction and management within the State administrative apparatus from the central to grassroots level.

Article 3.- The People’s Councils and the People’s Committees are organized and operate on the principle of democratic centralism.

The People’s Councils and the People’s Committees perform their respective tasks and exercise their respective rights in accordance with the Constitution, laws and documents of superior State bodies; bring into play the people’s mastery, enhance the socialist legislation, prevent and combat manifestations of bureaucracy, authoritarianism, corruption, wastage, irresponsibility and other negative manifestations of officials and employees and in the local administration apparatuses.

Article 4.-

1. The People’s Councils and the People’s Committees are organized at the following administrative units:

a) Provinces and centrally-run cities (referred collectively to as the provinces);

b) Rural districts, urban districts, provincial capitals and towns (referred collectively to as districts).

c) Communes, wards, district townships (referred collectively to as communes).

2. The number of People’s Council deputies and the procedures for election of deputies to the People’s Councils of all levels are prescribed by the Law on Election of Deputies to the People’s Councils.

Article 5.- The People’s Councils of all levels have their own Standing Bodies.

The provincial- and district-level People’s Councils have various Boards.

Article 6.-

1. Each term of office of the People’s Councils at all level is five years, counting from their respective first session to the first session of the next People’s Councils.

2. The term of office of the Standing Bodies of the People’s Councils, the People’s Committees and the Boards of the People’s Councils is the same as the term of office of the People’s Councils of the same level. When the People’s Councils finish their terms of office, their Standing Bodies, the People’s Committees and the Boards of the People’s Councils shall continue working until the new People’s Councils elect their Standing Bodies, the People’s Committees and their Boards.

3. The People’s Council chairman and the People’s Committee president at each administrative unit shall not hold such positions for more than two consecutive terms.

Article 7.- The People’s Councils submit to the operation supervision and guidance by the National Assembly Standing Committee, the guidance and examination of the Government in the implementation of documents of superior State bodies according to the regulations of the National Assembly Standing Committee.

The subordinate People’s Committees submit to the direction of the superior People’s Committees and the provincial-level People’s Committees submit to the direction of the Government.

Article 8.- The efficiency of the People’s Councils’ operation is guaranteed by the efficiency of the People’s Councils’ sessions, the efficiency of operation of the Standing Bodies of the People’s Councils, the People’s Committees, Boards of the People’s Councils and of the People’s Council deputies.

The efficiency of the People’s Committees’ operation is guaranteed by the efficiency of operation of the People’ Committee collectives, the presidents and other members of the People’s Committees and of the specialized agencies of the People’s Committees.

Article 9.- In their respective operations, the People’s Councils, the Standing Bodies of the People’s Councils, the People’s Committees, the Boards of the People’s Councils and the People’s Council deputies shall closely coordinate with the Standing Body of the Vietnam Fatherland Front Committees and member organizations of the Front as well as other social organizations in caring for and protecting the interests of people, mobilizing people to participate in the State management and fulfill the obligations towards the State.

Article 10.- When deciding on matters falling under their respective tasks and powers, the People’s Councils shall issue resolutions and supervise the implementation thereof; the resolutions on matters which, as prescribed by law, fall under the approving jurisdiction of the superiors must be approved by the latter before they are implemented.

Within the scope of their respective tasks and powers prescribed by law, the People’s Committees shall issue decisions, directives and organize the implementation thereof and examine the enforcement of those documents.

Chapter II

THE PEOPLE’S COUNCILS

Section 1. TASKS, POWERS OF THE PROVINCIAL-LEVEL PEOPLE’S COUNCILS

Article 11.- In the economic field, the provincial People’s Councils shall perform the following tasks and exercise the following powers:

1. To decide on plannings, long-term and annual plans on socio-economic development, on land use, branch development and planning on construction and development of urban and rural areas under their respective management; investment fields and investment capital size according to the Government’s decentralization;

2. To decide on plannings, plans on development of the networks of agricultural, forestry, fishery and industrial promotion in the localities and adopt mechanisms to encourage production development, economic restructuring and development of economic sectors in the localities; to ensure the production and business autonomy of economic establishments as provided for by law;

3. To decide on State budget revenue estimates in the localities; the local budget revenue and expenditure estimates and the distribution of budget estimates at their respective levels; to ratify local budget settlement; to decide on undertakings and measures to implement the local budgets; to adjust local budget estimates in case of necessity; to supervise the implementation of budgets already decided by the People’s Councils;

4. To decide on the decentralization of revenue sources and spending tasks to each budget level in the localities according to the provisions of the State Budget Law;

5. To decide on the collection of charges, fees and people’s contributions and on the capital mobilization levels according to law provisions;

6. To decide on schemes for management, development and use of human resources in the localities;

7. To decide on measures to practice thrift, combat wastage, combat corruption, combat smuggling and trade frauds.

Article 12.- In the fields of education, healthcare, social affairs, culture, information, physical training and sports, the provincial People’s Councils perform the following tasks and exercise the following powers:

1. To decide on undertakings, measures to develop the cause of education and training; to decide on plannings, plans on development of pre-school education, general education and vocational education networks; ensure material foundations and conditions for educational and training activities in the localities;

2. To decide on undertakings, measures to develop the cause of culture, information, physical training and sports; measures to protect and promote the value of cultural heritages in the localities; measures to ensure material foundations and conditions for cultural, information, physical training and sport activities in the localities according to law provisions;

3. To decide on undertakings, measures to develop human resources, to employ labor, create jobs and improve working and living conditions of laborers, ensure labor protection; to conduct population distribution and improve the local people’s life;

4. To decide on measures to educate, protect and care for youths, youngsters and children; to build up civilized lifestyle and cultured families; to educate in fine ethical tradition, to preserve fine customs of the nation; on measures to prevent the dissemination of reactionary and debauching culture, to eradicate superstition, bad practices and to prevent and combat social evils as well as unhealthy manifestations in the social life in the localities;

5. To decide on plannings, plans on development of medical examination and treatment networks; measures to protect the people’s health, to protect and care for the elderly, the disabled, supportless orphans, to protect and care for mothers and children; to implement population and family planning policies; to prevent and combat epidemics and develop healthcare in the localities;

6. To decide on measures to implement preferential  treatment policies and regimes for war invalids, diseased soldiers, war martyrs’ families, people and families with meritorious services to the country; to implement the policies of social insurance, social relief and hunger elimination as well as poverty alleviation.

Article 13.- In the fields of science, technology, natural resources and environment, the provincial People’s Councils shall perform the following tasks and exercise the following powers:

1. To decide on undertakings, measures to encourage research, creation of innovations on technical modification, application of scientific and technological advances in order to develop production and business and raise the living standards of the local people;

2. To decide on measures to manage and use land, forests and mountains, rivers and lakes, water sources, underground natural resources, marine resources in the localities according to law provisions;

3. To decide on measures to protect the environment; to prevent, combat and overcome the consequences of, natural disasters, storms, floods, environmental deterioration, environmental pollution, environmental incidents in the localities according to law provisions;

4. To decide on measures to implement law provisions on product standards, measurement and quality; to curb the production and circulation of fake goods, poor-quality goods in the localities, protecting the interests of consumers.

Article 14.- In the fields of defense, security, social order and safety, the provincial People’s Councils shall perform the following tasks and exercise the following powers:

1. To decide on measures to perform the tasks of combining defense and security with economy, economy with defense and security and perform the tasks of building the mobilized reserve force in the localities;

2. To decide on measures to ensure security, social order and safety, to prevent and combat crimes and other law-breaking acts in the localities.

Article 15.- In the implementation of the nationality policies and the religious policies, the provincial People’s Councils have the following tasks and powers:

1. To decide on measures to implement the nationality policies, to improve the material and spiritual life and raise the intellectual levels of the ethnic minority people, to ensure the exercise of the right to equality among nationalities, to enhance unity among the entire population and mutual assistance and support among nationalities in the localities;

2. To decide on measures to implement the religious policies, to exercise the right to equality among religions before law; to ensure freedom of belief, religious freedom, freedom to follow or not to follow any religion of citizens in the localities according to law provisions.

Article 16.- In the field of law enforcement, the provincial People’s Councils shall perform the following tasks and exercise the following powers:

1. To decide on measures to ensure the enforcement of the Constitution, laws, documents of superior State bodies and their own resolutions in the localities;

2. To decide on measures to protect the life, freedom, honor, dignity and other rights and legitimate interests of citizens;

3. To decide on measures to protect the property and interests of the State; to protect the property of agencies, organizations and individuals in the localities;

4. To decide on measures to ensure the settlement of citizens’ complaints and denunciations according to law provisions.

Article 17.- In the fields of building the local administrations and management of administrative boundaries, the provincial People’s Councils shall perform the following tasks and exercise the following powers:

1. To elect, relieve from duty and dismiss chairmen, vice-chairmen, members of the Standing Bodies of the People’s Councils, presidents, vice-presidents and other members of the People’s Committees, heads and other members of the Boards of the People’s Councils, people’s jurors of the people’s courts of the same level; to dismiss People’s Council deputies and accept People’s Council deputies’ resignation from duty according to law provisions;

2. To cast votes of confidence on persons holding positions which they were elected to by the People’s Councils;

3. To approve the structures of professional agencies of the provincial- or district-level People’s Committees; to decide on the establishment, merger, dissolution of a number of professional agencies of the People’s Committees of the same level under the Government’s guidance;

4. To decide on the total non-business payrolls in the localities, suitable to the development requirements and local budgets’ capabilities; to approve the total administrative payrolls of the localities before submitting them to the competent authorities for decisions;

5. To decide on policies to attract, and a number of incentive regimes for, officials and employees in the localities, suitable to the local budgets’ capabilities; to decide on the volume and level of allowances for part-time officials in communes, wards and district townships on the basis of the Government’s guidance;

6. To adopt schemes on the establishment, merger, division and adjustment of administrative boundaries for proposing them to the superior authorities for consideration and decision; to decide on the naming, renaming of avenues, streets, public squares, public facilities in the localities according to law provisions;

7. To abrogate part or whole of unlawful decisions, directives of the People’s Committees of the same level, unlawful resolutions of the district-level People’s Councils;

8. To dissolve the district-level People’s Councils in cases where they cause serious damage to the interests of the people, submit the decisions to the National Assembly Standing Committee for approval before the implementation thereof;

9. To ratify resolutions of the district-level People’s Councils on the dissolution of the commune-level People’s Councils.

Article 18.- The People’s Councils of the centrally-run cities shall perform the tasks and exercise the rights, which are prescribed in Articles 11, 12, 13, 14, 15, 16 and 17 of this Law and perform the following tasks and exercise the following powers:

1. To decide on measures to promote the big cities’ role as socio-economic centers in their relations with localities in the regions, zones and the whole country according to the Government’s decentralization;

2. To adopt plans on building of urban infrastructures, the overall plannings on urban construction and development for submission to the Government for approval;

3. To decide on measures to ensure public order, traffic safety, to prevent and fight fires, explosions, to protect environment and urban landscapes;

4. To decide on measures to manage urban population and organize the urban life.

Section 2. TASKS, POWERS OF THE DISTRICT-LEVEL PEOPLE’S COUNCILS

Article 19.- In the economic field, the People’s Councils of rural districts shall perform the following tasks and exercise the following powers:

1. To decide on annual plans for socio-economic development; undertakings and measures to build and develop the cooperative economy and the household economy in the localities;

2. To decide on measures to ensure the implementation of programs on agricultural, forestry, fishery and/or industrial promotion and measures to bring into play all potentials of various economic sectors in the localities, to ensure the economic establishments’ production and business autonomy as provided for by law;

3. To decide on State budget revenue estimates in the localities; local budget revenue and expenditure estimates; to decide on undertakings, measures to implement the budget; to adjust local budget estimates in case of necessity; to supervise the implementation of budgets already decided by the People’s Councils;

4. To decide on plannings, plans on development of communications and irrigation networks and measures to protect dikes, irrigation works, to protect forests according to law provisions;

5. To decide on measures to practice thrift, combat wastage, combat corruption, smuggling and trade frauds.

Article 20.- In the fields of education, healthcare, culture, information, physical training and sports, social affairs and life, the People’s Councils of rural districts shall perform the following tasks and exercise the following powers:

1. To decide on necessary measures and conditions to build and develop pre-school education and general education networks in the localities according to the general plannings;

2. To decide on measures to ensure material foundations and conditions for the development of the cause of culture, information, physical training and sports in the localities;

3. To decide on measures to preserve, maintain, renovate and promote the values of cultural and art projects, historical and cultural relics and scenic places according to decentralization;

4. To decide on measures to prevent and combat social vices in the localities;

5. To decide on measures to protect and care for people’s health, to prevent and combat epidemics; to care for the elderly, the disabled and supportless orphans; to protect and care for mothers and children; to implement the population and family planning policies;

6. To decide on measures to implement the policies of preferential treatment for war invalids, diseased soldiers, war martyrs’ families, persons and families with meritorious services to the country; measures to implement the policies of labor protection, social insurance, social relief, hunger elimination and poverty alleviation.

Article 21.- In the fields of science, technology, natural resources and environment, the People’s Councils of rural districts shall perform the following tasks and exercise the following powers:

1. To decide on measures to apply scientific and technological advances, to promote technical innovations in order to develop production, business and improve the life of people in the localities;

2. To decide on measures to manage and use land, forests and mountains, rivers and lakes, water sources, underground natural resources, marine resources in the localities according to law provisions;

3. To decide on measures to protect and improve the environment; to prevent, combat, and overcome the consequences of, natural calamities, storms and floods in the localities;

4. To decide on measures to implement the law provisions on standards, measurement and quality of products, prevent the production and circulation of fake goods, low-quality goods in the localities, protect the consumers’ interests.

Article 22.- In the fields of national defense, security, social order and safety, the People’s Councils of rural districts shall perform the following tasks and exercise the following powers:

1. To decide on measures to perform the tasks of building up the people’s armed forces and the entire-people defense; to ensure the implementation of military service obligations, the building of mobilized reserve forces, to perform the tasks of on-spot logistic supply, the army’s rear policies and the policies toward the people’s armed forces in the localities; measures to combine defense, security with economy as well as economy with defense and security;

2. To decide on measures to perform the tasks of maintaining security, social order and safety; measures to prevent and combat crimes and other law-breaking acts in the localities.

Article 23.- In the implementation of the ethnic policies and religious policies, the People’s Councils of rural districts shall have the following tasks and powers:

1. To decide on tasks of realizing the province’s socio-economic development programs and projects in areas inhabited by ethnic minority people, deep-lying and remote regions, areas meeting with numerous difficulties;

2. To decide on measures to ensure the implementation of the ethnic policies, religious policies according to law provisions.

Article 24.- In the field of law enforcement, the People’s Councils of rural districts shall perform the following tasks and exercise the following powers:

1. To decide on measures to ensure the enforcement of the Constitution, laws, legal documents of superior State bodies and their own resolutions in the localities;

2. To decide on measures to protect the life, freedom, honor, dignity, other rights and legitimate interests of citizens.

3. To decide on measures to protect the property and interests of the State; to protect property of agencies, organizations and individuals in the localities;

4. To decide on measures to ensure the settlement of complaints and denunciations of citizens according to law provisions.

Article 25.- In the field of building the local administrations and managing administrative boundaries, the People’s Councils of rural districts shall perform the following tasks and exercise the following powers:

1. To elect, relieve from duty and dismiss the chairmen, vice-chairmen, standing members of the People’s Councils, the presidents, vice-presidents and other members of the People’s Committees, heads and other members of the Boards of the People’s Councils, the people’s jurors of the people’s courts of the same level; to relieve from duty People’s Council deputies and accept People’s Council deputies’ resignation from duty under the provisions of law;

2. To cast votes of confidence against persons holding positions to which they are elected by People’s Councils;

3. To abrogate part or whole of unlawful decisions, directives of the People’s Committees of the same level, unlawful resolutions of the commune-level People’s Councils;

4. To dissolve the commune-level People’s Councils if they cause serious damage to the interests of people, and to submit such decisions to the provincial-level People’s Councils for approval before implementation.

5. To adopt schemes on establishment, merger, division or adjustment of administrative boundaries in the localities for submission to the superior for consideration and decision.

Article 26.- The People’s Councils of urban districts shall perform the tasks and exercise the powers, prescribed in Articles 19, 20, 21, 22, 23, 24 and 25 of this Law and the following tasks as well as powers:

1. To decide on measures to ensure the uniform implementation of socio-economic development plans and urban plannings of their cities;

2. To decide on measures to ensure public order and communications; to prevent and fight fires and explosions and to protect the environment and urban landscapes;

3. To decide on measures to manage urban population and organize the life of people in the localities.

Article 27.- The People’s Councils of provincial capitals or towns shall perform the tasks and exercise the powers defined in Articles 19, 20, 21, 22, 23, 24 and 25 of this Law as well as the following tasks and powers:

1. To adopt the overall plannings on the construction and development of the provincial capitals or towns on the basis of the general plannings of the provinces for submission to the immediate superior People’s Committees for approval;

2. To decide on plans for construction of urban technical infrastructure of the provincial capitals or towns;

3. To decide on measures to ensure public order, traffic, to prevent and fight fires and explosion and to protect environment, urban landscapes of the provincial capitals or towns;

4. To decide on measures to manage the urban population and organize the life of people in the localities.

Article 28.- The People’s Councils of island districts shall perform the tasks and exercise the powers defined in Articles 19, 20, 21, 22, 23, 24 and 25 of this Law as well as the following tasks and powers:

1. To decide on measures to build, manage and protect islands and sea regions according to law provisions;

2. To decide on measures to manage the population on islands and organize the life of people in the localities;

3. To perform other tasks and exercise other powers as provided for by law.

Section 3. TASKS AND POWERS OF THE COMMUNE-LEVEL PEOPLE’S COUNCILS

Article 29.- In the economic field, the People’s Councils of communes and district townships shall perform the following tasks and exercise the following powers:

1. To decide on measures to implement annual socio-economic development plans; annual public-labor employment plans; measures to realize programs on agricultural, forestry, fishery and industrial promotion as well as economic, crop and husbandry restructuring according to the general plannings;

2. To decide on State budget revenue estimates in the localities; local budget revenue and expenditure estimates and the allocation of the budget of their level; to ratify local budget settlement, undertakings and measures to implement the local budgets and adjust local budget estimates according to law provisions; to supervise the implementation of budgets already decided by the People’s Councils;

3. To decide on measures to manage and rationally and efficiently use the retained land fund in service of the public-utility demands of the localities;

4. To decide on measures to build and develop cooperatives, cooperation groups, household economy in the localities;

5. To decide on measures to manage, use and protect water sources and irrigation works as decentralized by the superior; measures to prevent, combat and overcome the consequences of natural disasters, storms and floods, to protect forests, consolidate and protect dykes in the localities;

6. To decide on measures to build, repair traffic roads, bridges, culverts in the communes as well as other infrastructures in the localities;

7. To decide on measures to practice thrift, combat wastage, corruption, smuggling and trade frauds.

Article 30.- In the fields of education, healthcare, social affairs and life, culture, information, physical training and sports, natural resource and environment protection, the People’s Councils of communes and district townships shall perform the following tasks and exercise the following powers:

1. To decide on measures to ensure necessary conditions for children to go to the primary school at the right age, to complete the programs on primary education universalization; to organize pre-schools; to conduct complementary education and eradicate illiteracy for people in the eligible age group;

2. To decide on measures to educate and care for youth, youngsters and children; to build civilized lifestyle, cultured families, to educate in fine moral traditions; to preserve fine customs and practices of the nation; to prevent the dissemination of reactionary, debauching cultural products, to eliminate superstition, bad practices, to prevent and combat social vices in the localities;

3. To decide on measures to develop cultural, art, physical training and sport activities; to guide the organization of traditional festivals, rituals, to protect and promote the values of historical-cultural relics and scenic places in the localities according to law provisions;

4. To decide on the construction and repair of schools, classrooms, cultural works under the local management;

5. To decide on measures to ensure sanitation, treat garbage, to prevent and fight epidemics, measures to protect environment within their management scope; measures to realize grassroots medical programs, population and family planning policies;

6. To decide on measures to implement policies and regimes towards war invalids, diseased soldiers, war martyrs’ families, people and families with meritorious services to the country, the carry out the work of social relief and mobilize people to assist needy families, aged people, disabled people, supportless orphans; measures to eradicate hunger, reduce poverty.

Article 31.- In the fields of national defense, security, social order and safety, the People’s Councils of the communes and district townships shall perform the following tasks and exercise the following powers:

1. To decide on measures to ensure the implementation of the military service obligations; to build up the military and self-defense forces and the entire-people defense; to perform the task of on-spot logistic supply; to observe the army rear policies and policies towards the people’s armed forces in the localities;

2. To decide on measures to maintain security, public order, social safety; to prevent and fight fires and explosion; to prevent and fight crimes and other law-breaking acts in the localities.

Article 32.- In the implementation of the ethnic policies and religious policies, the People’s Councils of communes and district townships shall have the following tasks and powers:

1. To decide on measures to implement the ethnic policies, improve the material and spiritual life and raise the intellectual level of the ethnic minority people; to ensure the realization of equality among the nationalities, to enhance the entire-people unity and mutual support and assistance among nationalities in the localities;

2. To decide on measures to implement the religious policies, ensuring the local people’s freedom of belief and religious freedom according to law provisions.

Article 33.- In the field of law enforcement, the People’s Council of communes and district township shall perform the following tasks and exercise the following powers:

1. To decide on measures to ensure the enforcement of the Constitution, laws, legal documents of the superior State bodies and their own resolutions in the localities;

2. To decide on measures to protect the life, freedom, honor, dignity and other rights and legitimate interests of citizens;

3. To decide on measures to protect the property and interests of the State, to protect property of agencies, organizations or individuals in the localities.

4. To decide on measures to ensure the settlement of complaints and denunciations of citizens according to law provisions.

Article 34.- In the building of the local administration, the People’s Councils of communes and district townships shall perform the following tasks and exercise the following powers:

1. To elect, relieve from duty and dismiss chairmen, vice-chairmen of People’s Councils, presidents, vice presidents and other members of the People’s Committees of the same level; to relieve from duty People’s Council deputies and accept People’s Council deputies resignation from duty according to law provisions;

2. To cast votes of confidence on persons holding People’s Council-elected positions;

3. To cancel part or whole of unlawful decisions or directives of the People’s Committees of the same level;

4. To adopt schemes on establishment, merger, division or adjustment of administrative boundaries of localities and propose them to the superiors for consideration and decision.

Article 35.- The ward People’s Councils shall perform the tasks and exercise the powers, which are prescribed in Articles 29, 30, 31, 32, 33 and 34 of this Law, as well as the following tasks and powers:

1. To decide on measures to uniformly implement the socio-economic development plans and urban plannings; to perform the ground-clearance tasks; ensure urban traffic order and construction order in their respective wards;

2. To decide on measures to build up the urban civilized lifestyle; measures to prevent and fight fires and explosion, maintain sanitation; to protect environment, public order and urban landscapes within their management scope;

3. To decide on measures to manage the population and organize the life of people in their wards.

Section 4. PEOPLE’ S COUNCIL DEPUTIES

Article 36.- People’s Council deputies are persons who represent the local people’s will and aspirations, exemplarily abide by the State’s policies and laws; propagate and mobilize people to implement policies and laws and to participate in the State management.

Article 37.- A term of office of the deputies of a People’s Council starts from the first session of that People’s Council till the first session of the next People’s Council.

People’s Council deputies additionally elected shall start their deputy tasks from the session following the by-election to the first session of the next People’s Council.

Article 38.- The People’s Council deputies have the tasks to attend all sessions and meetings of the People’s Councils, to participate in discussing and voting on issues falling under the tasks and powers of the People’s Councils.

Those People’s Council deputies who cannot attend sessions must have reasons therefor and report them in advance to the People’s Council chairmen.

Those People’s Council deputies who cannot attend meetings must have reasons therefor and report them in advance to the meetings’ chairpersons.

Article 39.- The People’s Council deputies must keep close contacts with voters in their constituencies, submit to the voters’ supervision, have the responsibility to gather and truthfully reflect the voters’ opinions, aspirations and proposals; protect the voters’ legitimate rights and interests; meet with voters at least once a year, reporting on the activities of their own as well as of the People’s Councils, answering questions and petitions of voters.

After each session of the People’s Councils, the People’s Council deputies shall have to report to the voters on the session’s results, disseminate and explain resolutions of the People’s Councils, mobilize and join people to implement those resolutions.

Article 40.- Upon receiving requests and petitions of voters, the People’s Council deputies have the responsibility to reply them.

Upon receiving people’s complaints and/or denunciations, the People’s Council deputies have the responsibility to study and transfer them in time to competent persons for settlement, to monitor and urge the settlement; and at the same time to notify the complainants and/or denouncers thereof.

Within the law-prescribed time limits, the competent persons must consider and settle them and notify in writing the People’s Council deputies of the results.

Article 41.- The People’s Council deputies are entitled to interpellate chairmen of the People’s Councils, presidents and other members of the People’s Committees, chief judges of the People’s Courts, heads of the People’s Procuracies and heads of the professional agencies of the People’s Committees of the same levels. The interpellated persons must reply on issues questioned by the People’s Council deputies.

While the People’s Councils hold their sessions, the People’s Council deputies shall forward their interpellations to the Standing Bodies of the People’s Councils of the same level. The interpellated persons must answer before the People’s Councils at such sessions. In case of necessity to conduct investigation, verification, the People’s Councils may decide to permit the replies to be made at their next sessions or permit the written replies to be sent to the interpellators and the Standing Bodies of the People’s Councils.

During the intervals of two sessions of the People’s Councils, interpellations of People’s Council deputies shall be sent to the Standing Bodies of the People’s Councils of the same level, which shall transfer them to the interpellated persons and decide on the time limits for answering the interpellations.

Article 42.- The People’s Council deputies are entitled to request State agencies, economic organizations, social organizations, people’s armed force units to promptly stop acts against the State’s law and policies in their agencies, organizations and/or units or acts committed by their respective cadres, officials and/or employees.

When People’s Council deputies request to meet persons in charge of the State agencies, economic organizations, social organizations and/or people’s armed force units, such persons shall have to receive them.

The People’s Council deputies are entitled to propose to State agencies the enforcement of the State’s laws and policies as well as other matters related to the common interests. The concerned agencies have the responsibility to answer the deputies’ petitions.

The People’s Council deputies are entitled to propose the People’s Councils to cast votes of confidence on persons holding positions elected by the People’s Councils.

Article 43.- The People’s Committees at all levels, agencies, organizations, units, officials and public servants in localities shall, within the scope of their respective tasks and powers, have to supply materials, information, arrange places for meeting with voters and create favorable conditions for activities of the People’s Council deputies.

Vietnam Fatherland Front Committees and member organizations of the Front shall create conditions for the People’s Council deputies to contact voters, gather people’s opinions, aspirations and proposals to the People’s Councils.

Article 44.- While the People’s Councils are in session, the People’s Council deputies must not be arrested if not so agreed upon by the session chairpersons. If People’s Council deputies are temporarily put into custody for committing crimes in the act or in case of urgency, the agencies ordering the custody must immediately notify such to the session chairpersons.

During the intervals of two sessions of the People’s Councils, if the competent State agencies order the custody of People’s Council deputies, they must notify the chairmen of the People’s Councils of the same level thereof.

Article 45.- The People’s Council deputies can apply to resign from performing their tasks for health or other reasons. The acceptance of People’s Council deputies’ resignation from their duty shall be considered and decided by the People’s Councils of the same level.

Article 46.- Those People’s Council deputies who no longer deserve the people’s confidence shall be dismissed by the People’s Councils or voters, depending on the seriousness of their violations. The Standing Bodies of the People’s Councils and the People’s Committees shall decide to bring the cases of such People’s Council deputies before the People’s Councils or the voters for dismissal at the proposal of the Vietnam Fatherland Front Committees of the same level.

In cases where the People’s Councils dismiss such deputies, the dismissal must be voted for by at least two-thirds of the total number of the People’s Council deputies.

In cases where voters dismiss such deputies, the dismissal shall be carried out according to the procedures prescribed by the National Assembly Standing Committee.

Article 47.- In cases where People’s Council deputies are examined for penal liability, the Standing Bodies of the People’s Councils shall decide to suspend the performance of tasks and the exercise of powers by such People’s Council deputies.

People’s Council deputies who commit crimes, are sentenced by courts and the judgments have already taken effect shall automatically lose the rights of the People’s Council deputies.

Section 5. SESSIONS OF PEOPLE’S COUNCILS

Article 48.- The People’s Councils discuss and adopt resolutions on matters related to their tasks and powers at their sessions. The People’s Councils’ resolutions must be voted for by more than half of the total number of the People’s Council deputies, except for the case of dismissal of People’s Council deputies prescribed in Article 46 of this Law. The People’s Councils shall decide to vote by show of hands, ballots or other ways at the suggestion of the meetings’ chairpersons.

The People’s Councils at all levels regularly meet in two sessions a year. Apart from the regular sessions, the People’s Councils shall organize topical sessions or extraordinary sessions at the proposals of the chairmen of the People’s Councils, the presidents of the People’s Committees of the same level or when requested by at least one-third of the total number of the People’s Council deputies. The Standing Bodies of the People’s Councils shall decide to convene regular sessions of the People’s Councils at least twenty days, topical or extraordinary sessions at least ten days, before such sessions open.

The People’s Councils meet openly. When necessary, the People’s Councils shall decide to meet behind closed door at the proposal of the meetings’ chairpersons or the presidents of the People’s Committees of the same level.

Dates, venues and agendas of the People’s Council sessions must be announced to the people at least five days before the sessions open.

A  People’s Council session shall be conducted when it is attended by at least two-thirds of the total number of the People’s Council deputies.

National Assembly deputies, deputies of superior People’s Councils, who have been elected in the localities, presidents of the Vietnam Fatherland Front Committees, the heads of mass organizations in the localities and voters’ representatives shall be invited to attend sessions of the People’s Councils, entitled to express their opinions but not to vote.

Necessary documents of the People’s Council sessions must be forwarded to the People’s Council deputies at least five days before the sessions open.

Article 49.- The first session of a People’s Council shall be convened within thirty days as from the date of election of deputies to such People’s Council. In mountainous areas or regions with difficult travel conditions, the first session of the provincial People’s Councils shall be convened within forty five days as from the date of election of deputies to such People’s Councils.

The first sessions of the People’s Councils shall be convened and presided over by chairmen of the preceding People’s Councils until the new People’s Councils elect their chairmen.

In cases where the People’s Council chairmen are not available, the vice-chairmen shall convene and chair the first sessions of the new People’s Councils. In cases of the unavailability of both the chairmen and the vice-chairmen of the People’s Councils, the Standing Bodies of the immediate superior People’s Councils shall designate the persons to convene and chair such sessions until the People’s Councils elect the chairmen; for the provincial level, the National Assembly Standing Committee shall designate the conveners.

Article 50.- Resolutions and minutes of the meetings of the People’s Councils must be signed for certification by the People’s Council chairmen.

Resolutions and minutes of the meetings of the People’s Councils at their first sessions when the chairmen of the newly elected People’s Councils are not yet elected shall be signed for certification by the chairmen of the preceding People’s Councils. In cases where such People’s Council chairmen are absent, the meetings’ chairpersons shall sign the resolutions and minutes of the meetings of the People’s Councils for certification.

Within ten days after the closing of sessions, the resolutions and minutes of the sessions must be forwarded to the Standing Bodies of the People’s Councils and the People’s Committees of the immediate superior level; the resolutions and minutes of sessions of the provincial-level People’s Councils must be forwarded to the National Assembly Standing Committee and the Government.

Article 51.-

1. At the first meeting of its first session, a People’s Council shall elect the Board for Examination of the People’s Council deputies’ qualifications at the recommendation of the session chairperson. Basing itself on the report of the Deputies’ Qualification Examination Board, the People’s Council shall adopt a resolution to certify the qualifications of the People’s Council deputies or declare the invalidity of the election of any deputy. During its term, if any by-election of People’s Council deputies is organized, the People’s Council shall set up the Board for Examination of Qualifications of the additionally elected deputies. Such Board shall fulfill its task when the verification of the deputies’ qualifications is completed.

2. At its first session, a People’s Council shall elect:

a) Its chairman among its deputies at the recommendation of the session chairperson;

b) The vice-chairmen, the members of the Standing Bodies, the heads and other members of the Boards of the People’s Council among its deputies at the recommendation of the chairman of the People’s Council;

c) The president of the People’s Committee among the People’s Council deputies at the recommendation of the People’s Council chairman;

d) The vice-presidents and other members of the People’s Committee at the recommendation of the People’s Committee president;

e) The secretary of the session of the People’s Council at the recommendation of the session chairperson.

3. Persons holding positions prescribed in Clause 2 of this Article shall perform their tasks and exercise their powers immediately after they are elected by the People’s Councils.

4. The People’s Council deputies are entitled to nominate candidates and stand for the election to the positions prescribed in Clause 2 of this Article. The election of people to these positions shall be carried out with ballots according to the list of nominees to such positions.

Section 6. STANDING BODIES AND BOARDS OF PEOPLE’S COUNCILS

Article 52.- The Standing Bodies of the People’s Councils shall be elected by the People’s Councils of the same level.

The Standing Body of a provincial- or district-level People’s Council is composed of the chairman, the vice-chairman and members. The Standing Body of a commune-level People’s Council is composed of the chairman and vice-chairman of the People’s Council.

Members of the Standing Bodies of the People’s Councils cannot concurrently be members of the People’s Committees of the same level.

The results of election of chairmen, vice-chairmen and members of the Standing Bodies of the People’s Councils must be ratified by the Standing Bodies of the immediate superior People’s Councils; the results of election of chairmen, vice-chairmen and members of the Standing Bodies of the provincial-level People’s Councils must be ratified by the National Assembly Standing Committee.

Article 53.- The Standing Bodies of the People’s Councils shall have the following tasks and powers:

1. To convene and preside over sessions of the People’s Councils; to coordinate with the People’s Committees in preparing for the sessions of the People’s Councils;

2. To urge and examine the People’s Committees of the same level as well as other State bodies in the localities in the implementation of the resolutions of the People’s Councils;

3. To supervise the law enforcement in the localities;

4. To regulate and coordinate activities of the Boards of the People’s Councils; to examine the results of supervision by the Boards of the People’s Councils when necessary and to report such to the People’s Councils at their nearest sessions; to maintain contacts with the People’s Council deputies; to synthesize the interpellations of People’s Council deputies for reporting them to the People’s Councils;

5. To receive citizens, to urge, check and supervise the situation of settlement of petitions, complaints and denunciations of citizens; to synthesize opinions and aspirations of people for reporting at the sessions of the People’s Councils;

6. To ratify the results of election of chairmen, vice-chairmen and members of the Standing Bodies of the immediate subordinate People’s Councils;

7. To propose the People’s Councils to cast votes of confidence on persons holding positions elected by the People’s Councils at the proposals of the Vietnam Fatherland Front Committees of the same level or of at least one-third of the total number of the People’s Council deputies;

8. To coordinate with the People’s Committees in deciding to bring cases of dismissal of People’s Council deputies to the People’s Councils or the voters at the proposals of the Standing Bodies of the Vietnam Fatherland Front Committees of the same level;

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

10. To maintain contacts and coordinate in working with the Standing Bodies of the Vietnam Fatherland Front Committees of the same level; twice a year to notify the Vietnam Fatherland Front Committees of the same level of activities of the People’s Councils.

Article 54.- The provincial-level People’s Councils shall set up three Boards each: The Economic and Budgetary Board, the Board for Socio-Cultural Affairs, and the Legal Board; in places where reside many ethnic groups, the Board for Ethnic Affairs can be set up.

The district-level People’s Councils shall set up two Boards each: The Socio-Economic Board and the Legal Board.

The number of members of each Board shall be decided by the People’s Council of the same level. Members of the Boards of the People’s Councils cannot concurrently be members of the People’s Committees of the same level.

The heads of the Boards of the People’s Councils cannot concurrently be the heads of professional agencies of the People’s Committees, the chiefs of the People’s Procuracies or the chief judges of the People’s Courts of the same level.

Article 55.- The Boards of the People’s Councils shall have the following tasks and powers:

1. To participate in preparation for sessions of the People’s Councils;

2. To verify reports, schemes as assigned by the People’s Councils or the Standing Bodies of the People’s Councils;

3. To assist the People’s Councils in supervising activities of the People’s Committees and professional agencies of the People’s Committees, activities of the People’s Courts and the People’s Procuracies of the same level.

4. To assist the People’s Councils in supervising activities of the State agencies, economic organizations, social organizations, people’s armed force units and citizens in the observance of the Constitution, laws and documents of the superior State agencies and the resolutions of the People’s Councils of the same level.

While performing their tasks, the Boards of the People’s Councils are entitled to request the People’s Committees, the professional agencies of the People’s Committees, the People’s Courts and the People’s Procuracies of the same level, the State agencies, economic organizations and social organizations in the localities to supply necessary information and documents related to the supervisory activities. Such agencies and organizations have the responsibility to meet the requests of the Boards of the People’s Councils;

5. To report on results of supervisory activities to the Standing Bodies of the People’s Councils when necessary.

Article 56.- The funding for the operation of the People’s Councils shall be decided by the People’s Councils and included in the local budgets according to law provisions.

Chapter III

SUPERVISORY ACTIVITIES OF THE PEOPLE’S COUNCILS, THE STANDING BOARDS OF THE PEOPLE’S COUNCILS, BOARDS OF THE PEOPLE’S COUNCILS AND DEPUTIES OF THE PEOPLE’S COUNCILS

Section 1. SUPERVISORY ACTIVITIES OF THE PEOPLE’S COUNCILS

Article 57.-  The supervisory activities of the People’s Councils shall be carried out regularly in association with the performance of tasks and the exercise of powers, which are prescribed by law.

The People’s Councils’ supervision covers their supervision at sessions; the supervision by the Standing Bodies of the People’s Councils; the supervision by the Boards of the People’s Councils and the supervision by the People’s Council deputies.

Article 58.- The People’s Councils conduct supervision through the following activities:

1. Scrutinizing the working reports of the Standing Bodies of the People’s Councils, the People’s Committees, the People’s Courts and the People’s Procuracies of the same level;

2. Scrutinizing the replies to interpellations of the People’ Council chairmen, the presidents and other members of the People’s Committees, the heads of professional agencies of the People’s Committees, the heads of the People’s Procuracies and the chief judges of the People’s Courts, of the same level.

3. Scrutinizing the legal documents of the People’s Committees of the same level, the resolutions of the subordinate People’s Councils upon detecting signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee, legal documents of superior State agencies and/or resolutions of the People’s Councils of the same level;

4. Setting up supervisory teams when deeming it necessary;

5. Casting votes of confidence on persons holding positions elected by the People’s Councils.

Article 59.- The People’s Councils shall decide on their annual supervisory programs at the proposals of the Standing Bodies of the People’s Councils, Boards of the People’s Councils, deputies of the People’s Councils, the Standing Boards of the Vietnam Fatherland Front Committees of the same level and proposals of the local voters.

The Standing Bodies of the People’s Councils shall project the supervisory programs of the People’s Councils and submit them to the latter for consideration and decision at the session at the end of the preceding year and organize the implementation of such programs.

Article 60.-

1. At their year-end sessions, the People’s Councils shall consider and discuss the annual working reports of the Standing Bodies of the People’s Councils, the People’s Committees, the Boards of the People’s Councils, the People’s Courts and the People’s Procuracies of the same level. At the mid-year sessions, these agencies shall send their working reports to the People’s Council deputies; when necessary, the People’s Councils may consider and discuss them.

At their term-end sessions, the People’s Councils shall consider and discuss their whole-term working reports of the People’s Councils, the Standing Bodies of the People’s Councils, the People’s Committees, the Boards of the People’s Councils, the People’s Courts and the People’s Procuracies of the same level.

The People’s Councils may request their Standing Bodies, the People’s Committees, Boards of the People’s Councils, the People’s Courts and the People’s Procuracies of the same level to report on other matters when deeming it necessary.

2. The working reports prescribed in Clause 1 of this Article, excluding reports of the People’s Councils, their Standing Bodies and Boards, must be verified by Boards of the People’s Councils according to the assignment by the Standing Bodies of the People’s Councils.

3. The People’s Councils shall consider and discuss reports according to the following order:

a) The heads of the agencies defined in Clause 1 of this Article present the reports;

b) The heads of the concerned Boards of the People’s Councils present the verification reports;

c) The People’s Councils discuss;

d) The heads of the report-presenting agencies may additionally present relevant matters which the People’s Councils are interested in;

e) The People’s Councils issue resolutions on the working reports when deeming it necessary.

Article 61.- At the sessions of the People’s Councils, the interpellations and replies thereto shall be carried out as follows:

1. People’s Council deputies write clearly the contents of their interpellations and the interpellated persons in the interpellating slips and send them to the Standing Bodies of the People’s Councils, which shall transfer the inquiries to the interpellated persons and sum up the interpellations of the People’s Council deputies for reporting thereon to the People’s Councils;

2. The Standing Bodies of the People’s Councils project the lists of persons responsible for replying the inquiries and report them to the People’s Councils for decision;

3. The reply to interpellations at the plenary meetings of the People’s Councils shall be carried out in the following order:

a) The interpellated persons shall reply directly and fully to all contents inquired by the People’s Council deputies and clearly identify the responsibility therefor and remedial measures;

b) The People’s Council deputies may put up questions relating to the inquired contents for the interpellated persons to answer.

The time for replying to interpellations shall be decided by the People’s Councils;

c) After hearing replies to their inquiries, if the People’s Council deputies disagree with the contents of the replies, they may request the People’s Councils to continue discussing the matters at such sessions, to raise the matters for discussion at other sessions of the People’s Councils or request the People’s Councils to examine the liabilities of the interpellated persons. The People’s Councils issue resolutions on the replies to interpellations and the liabilities of the interpellated persons when deeming it necessary.

Article 62.-

1. When detecting that legal documents of the People’s Committees of the same level, resolutions of the immediate subordinate People’s Councils show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee, legal documents of superior State agencies and/or their own resolutions, the People’s Councils shall consider and decide on the abrogation of such documents.

2. The People’s Councils shall consider legal documents of the People’s Committees of the same level, resolutions of the immediate subordinate People’s Councils, which show signs of contravening the Constitution, laws, resolutions of the National Assembly, ordinances and/or resolutions of the National Assembly Standing Committee, legal documents of superior State agencies and/or their own resolutions in the following order:

a) The representatives of the Standing Bodies of the People’s Councils shall present the legal documents which show signs of contravening the Constitution, laws and/or legal documents of superior State agencies;

b) The People’s Councils shall discuss.

In the course of discussion, the heads of the agencies which have issued the legal documents may additionally present relevant matters;

c) The People’s Councils shall issue resolutions on such legal documents’ non-contravention of the Constitution, laws and/or legal documents of superior State agencies; or decisions to abrogate part or whole thereof.

Article 63.- When performing the supervisory tasks assigned by the People’s Councils, the supervisory teams have the responsibilities:

1. To notify the supervisory contents and plans to agencies, organizations, units and/or individuals subject to supervision at least seven days before starting the supervisory activities;

2. To invite representatives of the Standing Boards of the Vietnam Fatherland Front Committees of the same level, member organizations of the Front and request representatives of the concerned agencies, organizations or individuals to participate in the supervision; such agencies, organizations or individuals shall have to satisfy such requests;

3. To strictly comply with the supervisory contents, plans, competence, order and procedures prescribed by law; not to obstruct the normal operations of the supervised agencies, organizations, units and/or individuals;

4. In case of necessity, the supervisory teams shall request competent agencies, organizations or individuals to apply measures to stop violation acts, handle violators in order to restore the legitimate rights and interests of the violated agencies, organizations or individuals, and take responsibility before law for the requests, proposals through their supervisory activities.

Article 64.- Based on the supervisory results, the People’s Councils shall have the following powers:

1. To abrogate part or whole of legal documents of the People’s Committees of the same level, resolutions of the immediate subordinate People’s Councils;

2. To issue resolutions on reply to interpellations and liabilities of the interpellated persons when deeming it necessary;

3. To relieve from duty, dismiss chairmen, vice-chairmen, members of the Standing Bodies of the People’s Councils; presidents, vice-presidents and other members of the People’s Committees; heads and other members of the Boards of the People’s Councils, people’s jurors of the same level under the provisions of law;

4. To decide on the dissolution of the immediate subordinate People’s Councils in cases where such People’s Councils cause serious damage to the interests of people.

Article 65.-

1. The People’s Councils shall cast votes of confidence on persons holding positions elected by the People’s Councils according to the following order:

a) The Standing Bodies of the People’s Councils shall submit to the People’s Councils the vote of confidence;

b) The persons against whom the vote of confidence is conducted are entitled to present their ideas before the People’s Councils;

c) The People’s Councils shall discuss and cast votes of confidence.

2. In cases where the target persons fail to gain the confidence of more than half of the total number of the People’s Council deputies, the agencies or the persons that recommended them for election to the such positions shall have the responsibility to propose the People’s Councils to consider and decide on the relief from duty or dismissal of the persons who fail to get the confidence of the People’s Councils.

Section 2. SUPERVISION BY THE STANDING BODIES OF THE PEOPLE’S COUNCILS

Article 66.- The Standing Bodies of the People’s Councils are entitled to supervise activities of the People’s Councils and professional agencies of the People’s Committees, activities of the People’s Courts and the People’s Procuracies of the same level; supervise the State agencies, economic organizations, social organizations, people’s armed force units and citizens in the observance of the Constitution, laws, legal documents of the superior State agencies and resolutions of the People’s Councils of the same level.

Article 67.- The Standing Bodies of the People’s Councils shall decide on their quarterly and annual supervisory programs and opinions of their members, proposals of the Boards of the People’s Councils, the deputies of the People’s Council, the Vietnam Fatherland Front Committees of the same level, and the opinions and proposals of voters in the localities.

Basing themselves on the approved supervisory programs, the Standing Bodies of the People’s Councils shall assign their members to realize the contents in the programs; may assign Boards of the People’s Councils to realize a number of contents of the programs and report on the implementation results to the Standing Bodies of the People’s Councils when necessary.

Article 68.-

1. Basing themselves on their own supervisory programs or at the requests of the People’s Councils, the proposals of the Boards of the People’s Councils, deputies of the People’s Councils and/or, the Standing Bodies of the People’s Councils shall decide to set up the supervisory teams.

The decisions of the Standing Bodies of the People’s Councils on the setting up of supervisory teams must clearly identify the supervisory contents and plans, the composition of the supervisory teams and the to be- supervised agencies, organizations and/or individuals.

The contents and plans of supervision by the supervisory teams shall be notified to the to be- supervised agencies, organizations and/or individuals at least seven days before the supervisory teams start to conduct their supervisory activities.

2. The supervisory teams shall have the following tasks and powers:

a) To strictly comply with the supervisory contents and plans in the decisions on the establishment of the supervisory teams;

b) To request the supervised agencies, organizations and/or individuals to report in writing on, to supply information and documents related to, the supervisory contents, and to explain matters which the supervisory teams are interested in;

c) To examine and verify matters which the supervisory teams deem necessary;

d) Upon detection of law violation acts, which cause damage to the interests of the State, the legitimate rights and interests of organizations and/or individuals, the supervisory teams shall have the right to request the concerned agencies, organizations and/or individuals to apply measures to stop in time the violation acts and restore the interests of the State, the legitimate rights and interests of the infringed organizations and/or individuals; to request competent agencies, organizations and/or individuals to examine the liabilities of the violating agencies, organizations and/or individuals under the provisions of law;

e) Within fifteen days counting from the date of terminating the supervisory activities, the supervisory teams must send their reports on the supervision results to the Standing Bodies of the People’s Councils for consideration and decision.

3. The Standing Bodies of the People’s Councils shall have to report to the People’s Councils on their supervisory activities during the interval between two sessions.

Article 69.- The Standing Bodies of the People’s Councils shall supervise the enforcement of legislation on complaints and denunciations; organize supervisory teams or assign Boards of the People’s Councils to supervise the settlement of complaints and denunciations in the localities.

Upon detection of law violation act which cause damage to the interests of the State, the rights and legitimate interests of organizations and/or individuals, the Standing Bodies of the People’s Councils shall request competent agencies, organizations and/or individuals to apply measures to stop in time such law violation acts, examine the liabilities of, and handle, violators, to restore the interests of the State, the rights and legitimate interests of the infringed agencies, organizations and/or individuals, and at the same time request the competent persons to consider and settle the cases; if disagreeing with the settlement by such persons, they shall request the heads of the immediate superior agencies or organizations to consider and settle the cases. The concerned agencies, organizations and/or individuals shall have to realize the requests of the Standing Bodies of the People’s Councils and report thereon to the Standing Bodies of the People’s Councils within seven days counting from the date of issuance of the settling decisions.

Article 70.- The Standing Bodies of the People’s Councils shall submit to the People’s Councils for consideration the legal documents of the People’s Committees of the same level, the resolutions of the immediate subordinate People’s Councils in case of detecting signs of contravening the Constitution, laws, legal documents of the superior State agencies and resolutions of the People’s Councils of the same level.

Article 71.- The Standing Bodies of the People’s Councils shall propose the People’s Councils to cast votes of confidence on persons holding People’s Council- elected positions at the proposal of the Vietnam Fatherland Front Committees of the same level or the request of at least one-third of the total number of the People’s Council deputies.

Article 72.- The Standing Bodies of the People’s Councils shall have the responsibility to receive proposals and interpellations of People’s Council deputies for transfer thereof to the interpellated persons; notify the interpellated persons of the time and form of replying the interpellations.

Article 73.- The Standing Bodies of the People’s Councils shall regulate and coordinate supervisory activities of the Boards of the People’s Councils and deputies of the People’s Councils; sum up the supervisory results and submit them to the People’s Councils for consideration and handling decisions according to competence.

Section 3. SUPERVISORY ACTIVITIES OF THE BOARDS OF THE PEOPLE’S COUNCILS

Article 74.- In their supervisory activities, the Boards of the People’s Councils shall have the following tasks:

1. To assist the People’s Councils in supervising the activities of the People’s Committees and their professional agencies, and activities of the People’s Courts and the People’s Procuracies of the same level;

2. To assist the People’s Councils in supervising the State agencies, economic organizations, social organizations, people’s armed force units and citizens in the observance of the Constitution, laws, legal documents of superior State agencies and resolutions of the People’s Councils of the same level.

Article 75.- The Boards of the People’s Councils shall assist the People’s Councils in effecting the supervision through the following activities:

1. Verifying reports and schemes as assigned by the People’s Councils or the Standing Bodies thereof;

2. Scrutinizing legal documents of the People’s Committees of the same level, resolutions of the immediate subordinate People’s Councils in case of detecting signs of contravening the Constitution, laws, legal documents of superior State agencies and/or resolutions of the People’s Councils of the same level;

3. In case of necessity, requesting the People’s Committees and/or their professional agencies, the People’s Courts and/or the People’s Procuracies of the same level to report on matters falling in the Boards’ charge;

4. Organizing supervisory teams;

5. Sending their members to the concerned agencies and/or organizations to examine and verify matters falling within the tasks and powers of the Boards;

6. To study, handle and consider the settlement of, complaints and denunciations of citizens.

Article 76.- The Boards of the People’s Councils shall decide on their quarterly and annual supervisory programs, based on the supervisory programs of the People’s Councils and opinions of the Boards’ members.

Article 77.-

1. The Boards of the People’s Councils shall organize meetings to verify the reports of the People’s Committees and/or their professional agencies, the People’s Courts and the People’s Procuracies of the same level as assigned by the People’s Councils or the Standing Bodies thereof.

2. The verification of reports as provided in Clause 1 of this Article shall be conducted in the following order:

a) The heads of the report-making agencies present their reports;

b) The representatives of agencies, organizations, who are invited to attend the meetings, take the floor;

c) Members of the Boards shall discuss;

d) The meetings’ chairpersons make conclusions.

3. The verification reports of the Boards shall be addressed to the People’s Councils, the Standing Bodies of the People’s Councils.

Article 78.-

1. The Boards of the People’s Councils shall, within  the scope of their respective tasks and powers, have to regularly monitor the promulgation of legal documents of the People’s Committees of the same level, resolutions of the immediate subordinate People’s Councils.

2. In case of detecting that legal documents, resolutions prescribed in Clause 1 of this Article show signs of contravening the Constitution, laws, legal documents of superior State agencies and/or resolutions of the People’s Councils of the same level, the Boards of the People’s Council shall, within the scope of their respective tasks and powers, have the right to request competent agencies, organizations and/or individuals to consider, amend, supplement, suspend the implementation of, or abrogate part or whole of, such documents. Within thirty days counting from the date of receiving the requests, the agencies, organizations and/or individuals must notify the Boards of the People’s Councils of the settlement thereof; if past the above-said time limit they fail to give replies or their settlement fail to meet the requirements, the Boards of the People’s Councils shall have the right to propose the Standing Bodies of the People’s Councils to submit the cases to the People’s Councils for consideration and decision.

Article 79.-

1. Basing themselves on their own supervisory programs or the detection of signs of law violations through supervision of the settlement of citizens’ complaints and denunciations, through the mass media, or assigned by the People’s Councils, the Boards of the People’s Councils shall organize their own supervisory teams.

The establishment of supervisory teams, the supervisory contents and plans, the composition of the supervisory teams and the to be- supervised agencies, organizations and/or individuals shall be decided by the Boards.

The supervisory contents and plans of the supervisory teams shall be notified to the to be-supervised agencies, organizations and/or individuals at least seven days before the supervisory teams start to conduct their supervisory activities.

2. The supervisory teams shall have the following tasks and powers:

a) To notify the supervisory contents and plans to the to be-supervised agencies, organizations and/or individuals at least seven days before the date of starting to conduct the supervisory activities;

b) To invite representatives of the Standing Boards of the Vietnam Fatherland Front Committees of the same level, member organizations of the Front to partake in the supervision and request the representatives of the concerned agencies, organizations and/or individuals to join in the supervision; agencies, organizations and individuals shall have to respond to such requests;

c) To comply with the supervisory contents, plans as well as competence, order and procedures as provided for by law; not to obstruct the normal activities of the supervised agencies, organizations and/or individuals;

d) Upon detecting law violation acts, the supervisory teams shall request competent agencies, organizations and/or individuals to apply measures to stop the violation acts, handle the violators, restore the interests of the State, the rights and legitimate interests of the infringed organizations and/or individuals;

e) Within ten days counting from the date of termination of the supervisory activities, the supervisory teams must report on the supervision results to the Boards.

Article 80.-

1. Basing themselves on the nature and contents of the supervised issues, the concerned Boards shall organize their meetings to consider and discuss the reports of the supervisory teams.

2. The order for considering the supervisory teams’ reports shall be as follows:

a) The supervisory teams’ heads present the reports;

b) Representatives of agencies and/or organizations, who are invited to attend the meetings, present their opinions;

c) The Boards discuss the supervisory teams’ reports;

d) The meetings’ chairpersons make the conclusions; the Boards shall vote when deeming it necessary.

3. The Boards shall send the supervision reports to the Standing Bodies of the People’s Councils, the People’s Councils, and concurrently to the supervised agencies, organizations and/or individuals. The reports must clearly state the proposals on necessary measures.

Article 81.- While performing their tasks, the Boards of the People’s Councils shall have the right to request the People’s Committees and/or their professional agencies, the People’s Courts and the People’s Procuracies of the same level, State agencies, economic organizations, social organizations in the localities to supply necessary information and documents related to supervisory activities. Such agencies and organizations shall have to respond to the requests of the Boards of the People’s Councils. Upon detecting law violation acts which cause damage to the interests of the State, the rights and legitimate interests of organizations and/or individuals, they shall request competent agencies, organizations and/or individuals to apply measures to stop in time the law violation acts, examine the liability of, and handle, violators, restore the interests of the State, the rights and legitimate interests of the infringed organizations and/or individuals.

Chapter IV

THE PEOPLE’S COMMITTEES

Section 1. TASKS AND POWERS OF THE PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 82.- In the economic domain, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To work out overall plannings on socio-economic development, branch development, urban and rural development within their respective management scope; to draw up long-term and annual plans on socio- economic development of the provinces and submit them to the People’s Councils for adoption to submit them to the Government for approval;

2. To join ministries and central branches in marking off economic zones; to draw up programs and projects of ministries, central branches in the provinces; to organize and examine the implementation of tasks under the assigned programs and/or projects;

3. To estimate the State budget revenues in the localities; to estimate local budget revenues and expenditures; to draw up plans for allocation of their budgets and submit them to the People’s Councils of the same level for decision; to estimate the local budget adjustment in case of necessity; to make local budget settlements and submit them to the People’s Councils of the same level for consideration as provided for by law;

4. To direct and examine the tax offices and State agencies, which are tasked to make budget collection in the localities as provided for by law;

5. To draw up schemes for collection of charges, fees and people’s contributions as well as the capital mobilization levels for submission to the People’s Councils for decision;

6. To work out schemes on decentralization of spending on investment in the construction of socio-economic infrastructures of the localities as provided for by law for submitting them to the People’s Councils for decision; to organize and direct the implementation of the schemes after they are adopted by the People’s Councils;

7. To set up financial reserve funds according to law provisions for submission to the People’s Councils of the same level and report thereon to the superior finance agencies;

8. To exercise the right to represent the owners of the State capital portions at enterprises and the right to represent the owners of the land in the localities according to law provisions.

Article 83.- In the fields of agriculture, forestry, fishery, irrigation and land, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To direct and examine the implementation of plannings, plans on development of agriculture, forestry, fishery and irrigation; programs on agricultural, forestry and fishery promotion; the development of production and the protection of crops and domestic animals in the provinces;

2. To direct the implementation and examination of the production and use of plant varieties and animal breeds, animal feeds, plant protection drugs, fertilizers, veterinary drugs and bio-preparations in service of agriculture;

3. To elaborate plannings and plans on land use for submission to the People’s Councils of the same level for adoption before submission thereof to the Government for approval; to consider and approve land-use plannings and plans of the immediate subordinate People’s Committees; to decide on land assignment, land recovery, land lease and settle land disputes; to inspect the land management and use, and perform other tasks as provided for by law;

4. To direct the implementation and examination of forestation, protection of head-water forests, special-use forests and protection forests according to plannings; to organize forest exploitation under the Government’s regulations; to direct the implementation and examination of aquatic resource rearing, fishing, processing and protection.

5. To direct and examine the water resource exploitation and protection; to build, exploit and protect medium- and small-sized irrigation works; to manage and protect dyke systems, anti-flood works; to direct and mobilize forces for the combat against, and overcoming of consequences of natural disasters, storms and floods in the provinces.

Article 84.- In the fields of industry, cottage industry and handicraft, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To work out plannings, plans on development of industries, cottage industry and handicrafts of the provinces; to perform the State management over industrial, cottage-industrial and handicraft enterprises in the localities according to their respective jurisdiction;

2. To organize the realization of programs, projects on industrial development, build and develop industrial parks, export-processing zones and economic zones according to the approved plannings; to direct and examine the construction and development of industrial, trade, service, tourist clusters as well as branches, trades and traditional craft villages in the provinces; to develop establishments for processing agricultural, forestry, fishery products and other industrial establishments;

3. To organize the protection of untapped mineral resources in the localities; to organize and examine the utmost exploitation thereof in the localities.

Article 85.- In the fields of communications and transport, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To direct and examine the elaboration and implementation of plannings and plans on development of the provincial communications networks in line with the general plans on development and planning on communications and transport programs of the central government; 

2. To organize the management of urban traffic works, roads and inland waterways in the localities according to law provisions;

3. To organize the safety inspection and technical expertise of road and inland waterway motorized means; to examine and grant permits for circulation of vehicles, inland waterway means and driving licenses according to law provisions;

4. To organize and direct the work of inspection, protection of traffic works and ensure traffic safety in the provinces.

Article 86.- In the fields of construction, urban management and development, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To organize the elaboration, submission for approval or consideration and approval according to competence of plannings on regional construction, urban construction in the localities; to manage architecture, construction, construction land according to approved plannings; to approve plans and projects on investment in construction projects falling under their respective jurisdiction; to manage the construction and granting of construction permits in the provinces;

2. To manage investment in, exploitation and use of, urban technical infrastructures, urban centers, rural population quarters; to manage the implementation of policies on dwelling houses and residential land; to manage the funds of State-owned houses as assigned by the Government;

3. To draw up plannings and plans on development of building materials; to manage the exploitation and production as well as trading of building materials in the provinces according to competence.

Article 87.- In the fields of trade, services and tourism, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To elaborate plannings and plans on development of trade, service and/or tourist networks; to guide and arrange the trade, service and/or tourist networks in the localities; to participate in international cooperation on trade, services and/or tourism according to law provisions;

2. To grant, withdraw licenses for dealing in tourism, tourist resorts, tourist spots, hotels, domestic tour of the provinces according to law provisions;

3. To organize the management of export, import according to law provisions; to direct the work of market management;

4. To set rules on safety and sanitation in trade, service and tourist activities;

5. To organize the inspection and examination of the observance of law provisions on trade, service and tourist activities.

Article 88.- In the fields of education and training, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To perform the State management over the assigned schools and classes of various types in the provinces; to directly manage teachers’ training colleges, intermediate vocational training schools, senior high schools, complementary education schools; to train and foster the contingent of teachers of the collegial or lower level in the provinces; to permit the founding of non-public schools according to law provisions;

2. To manage and examine the implementation of teachers’ criteria, regulations on tests and examinations and the granting of diplomas according to law provisions;

3. To inspect and examine the work of education and training in the provinces according to law provisions.

Article 89.- In the fields of culture, information, physical training and sports, the provincial People’s Committees shall perform the following tasks and exercise the following rights:

1. To perform the State management over cultural, information, advertising, press, publishing, physical training and sport activities according to law provisions; to organize and manage non-business units of the provinces, which are engaged in culture, information, physical training and sports, radio and television broadcasting;

2. To organize or be authorized to organize national and/or international exhibitions, fairs, cultural, physical training and sport activities in the provinces.

3. To direct and organize the implementation of the work of protecting, renovating and conserving cultural and historical relics as well as scenic places, cultural and/or art works according to competence; to guide the building of civilized lifestyle and cultured families;

4. To examine, prevent and check the dealing in and circulation of reactionary and debauching books, papers and cultural products.

Article 90.- In the fields of health and social affairs, the provincial People’s Committees shall perform the following tasks and exercise the following rights:

1. To manage activities of the provinces’ medical units and grant licenses for private medical and pharmaceutical practices;

2. To direct and examine the application of measures for protection of people’s health; protection of and care for the elderly, the disabled, supportless orphans; protection of, and care for, the mothers and children; the implementation of policies on population and family planning;

3. To direct and examine the implementation of policies on preferential treatment, care and assistance for war invalids, diseased soldiers, war martyrs’ families, people and families with meritorious services to the country;

4. To implement plans and measures on labor employment and settle labor relations; to settle the question of employment and redistribution of population within the provinces;

5. To implement policies on labor protection, social insurance, social relief, hunger elimination and poverty reduction, improvement of people’s living standards; to guide the implementation of charity and humanitarian activities; to prevent and combat social evils and epidemics in the localities.

Article 91.- In the fields of sciences, technology, natural resources and environment, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To direct and examine the implementation of tasks and specific plans on scientific and technological development and environmental protection; to apply measures to encourage research, technical innovations and application of scientific and technological advances to production and daily life;

2. To direct and examine the application of measures for management and use of land, forests and mountains, rivers and lakes, water sources, underground natural resources, marine resources in the localities according to law provisions;

3. To manage scientific research programs and subjects of the provincial level or as assigned by the superior; to manage activities of technological transfer, participate in the State technical expertise of important investment projects in the localities;

4. To direct, realize and examine the environmental protection and improvement; the prevention, combat and overcoming the consequences of natural calamities, storms and floods, environmental deterioration and pollution and determine the responsibilities of organizations and individuals for handling the environment according to law provisions;

5. To direct, inspect and examine the implementation of law provisions on standards, measurement and product quality; radiation safety and control; industrial property; the observance of policies and legislation on science, technology and environment protection in the localities; to prevent and stop the production and circulation of fake goods and protect the interests of consumers.

Article 92.- In the fields of national defense, security, social order and safety, the provincial People’s Committees shall perform the following tasks and exercise the following rights:

1. To ensure political security, social order and safety, to build up the people’s police forces; to direct the work of crime prevention and combat, corruption fighting, smuggling and trade fraud combat; to protect the State secrets, to build up the mass movement for protection of security, social order and safety; to manage and inspect the transportation and use of weapons, explosives, inflammables, toxins, radioactive substances; manage special business lines according to law provisions;

2. To direct and examine the implementation of law provisions on management of household registration, management of residence and travel of foreigners in the localities;

3. To apply measures to build up the armed forces and the entire-people defense; to direct the work of education in entire-people defense among the population and in schools in the localities; to organize and direct the implementation of building the provinces into steady defense zones; to direct the building and combat activities of the local army, militia and self-defense forces; to direct and examine the implementation of the Law on Military Service Obligations; to build up the reserve forces and mobilize the forces when necessary, meeting the local and national requirements in all circumstances;

4. To direct and organize the implementation of the on-spot logistic tasks, the army rear policies and the policies towards the local people’s armed forces; to combine defense, security with economy and economy with  defense and security; to organize the management and protection of defense works and military zones in the provinces.

Article 93.- In the implementation of ethnic policies and religious policies, the provincial People’s Committees shall have the following tasks and powers:

1. To organize, direct and examine the implementation of legislation and policies on ethnic affairs; to organize and direct the application of measures to ensure conditions for improving the material and spiritual life, intellectual levels of ethnic minority people in deep-lying, remote and special difficulty-hit regions;

2. To ensure the realization of the right to equality among nationalities, to preserve and enhance the unity, mutual support and assistance among ethnic groups in the localities;

3. To formulate and organize the implementation of provincial programs, projects on regions inhabited by ethnic minority people, deep-lying, remote and special difficulty-hit areas;

4. To consider and settle proposals on repair of worshipping works, religious establishments of local people according to law provisions; to handle according to law provisions acts of violating freedom of belief, religious freedom or acts of abusing beliefs and/or religions to act against laws and policies of the State.

Article 94.- In the field of law enforcement, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To organize, direct and examine the enforcement of the Constitution, laws, legal documents of superior State agencies and resolutions of the People’s Councils of the same level; to organize the work of law propagation and education in the localities;

2. To direct the application of measures to protect the property of agencies, organizations, to protect the life, freedom, honor, dignity, property as well as other rights and legitimate interests of citizens;

3. To organize and direct the work of State inspection, organize the reception of citizens to settle complaints, denunciations and proposals of citizens according to law provisions;

4. To organize and direct the judgment execution in the localities according to law provisions;

5. To organize and direct the civil status management; to implement the work of public notarization, judicial expertise, management of lawyers and legal consultancy organizations according to law provisions;

6. To organize the registration and management of civil status involving foreign elements.

Article 95.- In the building of local administration and management of administrative boundaries, the provincial People’s Committees shall perform the following tasks and exercise the following powers:

1. To organize and direct the election of National Assembly deputies, People’s Council deputies according to law provisions;

2. To elaborate schemes on setting up professional agencies of the People’s Committees under the Government’s guidance and submit them to the People’s Councils for decisions;

3. To prescribe the organizational apparatuses, specific tasks and powers of the professional agencies of the People’s Committees of their level;

4. To decide on the setting up of non-business and/or public-service units on the basis of plannings and guidance of competent State agencies; to perform the State management over the central State agencies, organizations and units based in the provinces;

5. To permit the establishment, dissolution and equitization of State enterprises; to grant, withdraw permits for setting up enterprises, companies; to permit domestic economic organizations to locate their representative offices and/or branches operating in the localities according to law provisions;

6. To permit the establishment of associations; to manage, guide and examine the establishment and operation of associations according to law provisions;

7. To decide on the allocation of administrative, non-business payroll norms to the attached units and the district-level People’s Committees; to direct and examine the implementation of the mechanism of autonomy and self-responsibility in term of tasks, finance and organization for non-business units as decentralized by the Government;

8. To organize training and retraining of the contingent of State officials and employees as well as commune-level cadres and public servants, to foster the State management knowledge for deputies of the district- and commune-level People’s Councils under the Government’s guidance;

9. To draw up schemes on establishment, merger, division, adjustment of administrative boundaries and submit them to the People’s Councils of the same level for further submission to competent authorities for consideration and decision;

10. To direct and examine the management of dossiers, markers, border lines and maps on administrative boundaries of the provinces and the administrative units in the provinces;

11. To work out schemes on naming, renaming roads, streets, public squares, public facilities in the provinces and submit them to the People’s Councils for consideration and decision.

Article 96.- The People’s Committees of the centrally-run cities shall perform the tasks and exercise the rights prescribed in Articles 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94 and 95 of this Law as well as the following tasks and powers:

1. To organize the application of measures to promote the big cities’ role as socio-economic centers in the relations with localities in the regions, zones and the whole country under the Government’s decentralization;

2. To direct and organize the implementation of plans on construction of urban infrastructures; to draw up overall plannings on urban construction and development for submission to the People’s Councils for adoption and submission to the Government for approval;

3. To realize the undertakings and measures to create financial sources, mobilize capital for urban development; to build and uniformly manage urban technical infrastructures according to law provisions;

4. To directly manage urban land funds; the use of urban land funds in service of the construction of urban technical infrastructures according to law provisions;

5. To manage urban houses; manage the dealing in dwelling houses; to use the cities’ funds of State-owned houses to develop dwelling houses in the cities; to direct the examination of law observance in the construction of dwelling houses in the cities;

6. To guide and arrange urban trade, service and tourist networks;

7. To draw up plans and measures for employment; to prevent and combat social evils in the cities according to law provisions;

8. To organize and direct the application of measures to manage population and organize the life of urban population;

9. To organize and direct the performance of tasks of ensuring public order, traffic safety, combating traffic congestion; to organize fire and explosion prevention and fighting, to protect urban environment and landscapes.

Section 2.  TASKS AND POWERS OF THE DISTRICT-LEVEL PEOPLE’S COMMITTEES

Article 97.- In the economic field, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To draw up annual socio-economic development plans and submit them to the People’s Councils of the same level for adoption and further submission to the provincial-level People’s Committees for approval; to organize and examine the implementation of such plans;

2. To estimate the State budget revenues in the localities; to estimate local budget revenues and expenditures, to draw up schemes on allocation of budget estimates of their level; to make local budget settlement; to estimate local budget adjustments in case of necessity and submit them to the People’s Councils of the same level for decision and report thereon to the immediate superior People’s Committees and finance agencies;

3. To organize the implementation of local budgets; to guide and examine the People’s Committees of communes, district townships in formulating and implementing local budgets and examine the resolutions of the People’s Councils of communes and district townships on the implementation of the local budgets according to law provisions;

4. To ratify the socio-economic plans of communes and district townships.

Article 98.- In the fields of agriculture, forestry, fishery, irrigation and land, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To elaborate and submit to the People’s Councils of the same level for adoption programs on promotion of agriculture, forestry and fishery in the localities and organize the implementation of such programs;

2. To direct the People’s Committees of communes and district townships in applying measures to restructure the economy, develop agriculture, to protect and plant forests as well as to exploit forest products, to develop aquatic resource fishing, rearing and processing;

3. To assign and lease land to, and/or recover land from, individuals and households, to settle land disputes, to conduct land-related inspection according to law provisions;

4. To approve land-use plannings, plans of the commune/district township People’s Committees;

5. To elaborate irrigation plannings; to organize the protection of dykes, small- and medium-sized irrigation works; to manage water conservancy networks in the localities according to law provisions.

Article 99.- In the fields of industry, cottage industry and handicraft, the  People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To join the provincial People’s Committees in working out plannings and plans on development of industry, cottage industry and handicrafts in the districts;

2. To build and develop industrial, cottage-industrial and handicraft establishments as well as service establishments in communes and district townships;

3. To organize the building and development of traditional craft villages, turning out products of consumptive and export values; to develop establishments processing agricultural, forest and aquatic products and other industrial establishments under the direction of the provincial People’s Committees.

Article 100.- In the fields of construction, communications and transport, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To organize the elaboration of, submit for approval or approve according to competence, plannings on construction of district townships, rural population quarters in the districts; to manage the implementation of the approved construction plannings;

2. To manage, exploit and use traffic works and infrastructures according to decentralization;

3. To manage the construction, grant construction permits and inspect the observance of legislation on construction; to organize the realization of housing policies; to manage residential land and funds of State-owned houses in the localities;

4. To manage the exploitation, production and trading of building materials as decentralized by the provincial People’s Committees.

Article 101.- In the fields of commerce, service and tourism, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To build and develop of trade, service and tourist networks and inspect the observance of the State’s regulations on trade, service and tourist activities in the districts;

2. To examine the observance of rules on safety and sanitation in trade, service and tourist activities in the localities;

3. To examine the observance of the State’s regulations on trade, service and tourist activities in the localities.

Article 102.- In the fields of education, healthcare, social affairs, culture, information and physical training as well as sports, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To work out programs, projects on development of culture, education, information, physical training and sports, healthcare, radio broadcasting in the districts and organize the implementation thereof once they are approved by competent authorities;

2. To organize and examine the observance of law provisions on educational universalization, management of primary schools, junior-high schools, vocational training schools; to organize pre-school institutions; to realize the policy of educational socialization in the localities; to direct the eradication of illiteracy and observe the regulations on teachers’ criteria and test as well as examination regulations;

3. To manage assigned public facilities; to guide cultural movements, activities of culture-information, physical training and sport centers; to protect and promote the values of historical and cultural relics as well as scenic places under the local management;

4. To implement plans on development of healthcare cause; to manage medical centers, health stations; to direct and examine the protection of people’s health; to prevent and combat epidemics; to protect and care for the elderly, the disabled and supportless orphans; to protect and care for the mothers and children; to implement the population and family planning policies;

5. To examine the law observance in activities of private medical and/or pharmaceutical establishments, publications-printing and/or distributing establishments;

6. To organize and direct the job training, to create jobs for laborers; to organize the realization of the hunger eradication and poverty reduction movement; to guide charity and humanitarian activities.

Article 103.- In the fields of science, technology, natural resources and environment, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To take measures for the application of scientific and technological advances in service of production and people’s daily life in the localities;

2. To organize the environmental protection; to prevent, combat and overcome the consequences of natural calamities, storms and floods;

3. To organize the implementation of law provisions on standards, measurement and production quality; to examine the quality of products and goods in the districts; to prevent and check the production and circulation of fake goods, poor-quality goods in the localities.

Article 104.- In the fields of defense, security as well as social order and safety, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To organize movements for the mass’s participation in building the people’s armed forces and the entire-people defense; to realize plans on building district defense zones; to manage the reserve forces; to direct the building of militia and self-defense forces, the training of militia and self-defense forces;

2. To organize military service registration and health checks; to decide on the enlistment, hand-over of recruits, the postponement of in and exemption from, performance of military service obligation, and handle violation cases according to law provisions;

3. To organize the performance of the tasks of maintaining security, social order and safety, building strong district people’s police forces, to protect the State secrets; to take measures to prevent, combat crimes, social evils and other law violation acts in the localities;

4. To direct and examine the observance of law provisions on the management of household registration, the residence and travel of foreigners in the localities;

5. To propagate, educate and mobilize people to participate in the movement for protection of security, social order and safety.

Article 105.- In the implementation of the ethnic policies as well as the religious policies, the People’s Committees of rural districts shall have the following tasks and powers:

1. To propagate, educate and disseminate ethnic and religious policies and laws;

2. To organize the performance of assigned tasks regarding the provinces’ programs, plans and projects for socio-economic development in areas inhabited by ethnic minority people, deep-lying and remote regions and areas meetings with exceptional difficulties;

3. To direct and examine the observance of ethnic policies, religious policies; the exercise of the rights to freedom of belief, religious freedom, the right to follow or not to follow any religion of the citizens in the localities;

4. To decide on measures to prevent and check according to law provisions acts of violating freedom of belief, religious freedom or abusing beliefs and/or religion to act against law provisions and policies of the State.

Article 106.- In law enforcement, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To direct, organize law propagation and education, to examine the observance of the Constitution, laws, legal documents of superior State agencies and resolutions of the People’s Councils of the same level;

2. To organize the application and direct the commune/district township People’s Committees in the application of measures to protect the properties of the State, socio-political organizations, social organizations, economic organizations, to protect the lives, freedom, honor, dignity, properties and other rights and legitimate interests of citizens;

3. To direct the implementation of the work on civil status registration in the localities;

4. To organize and direct the work of judgment execution according to law provisions;

5. To organize and direct the work of examination and State inspection; to organize the reception of citizens, to settle in time their complaints, denunciations and petitions; to guide and direct the work of conciliation in communes, district townships.

Article 107.- In the building of administration and management of administrative boundaries, the People’s Committees of rural districts shall perform the following tasks and exercise the following powers:

1. To organize the election of National Assembly deputies, People’s Council deputies according to law provisions;

2. To stipulate the organizational apparatuses and tasks as well as specific powers of the professional agencies of the People’s Committees of their level under the guidance of the superior People’s Committees;

3. To manage the organization, payroll, labor and wages as decentralized by the superior People’s Committees;

4. To manage dossiers, markers, border lines, maps of administrative boundaries of the districts;

5. To work out schemes on establishment, merger, division, adjustment of administrative boundaries in the localities and submit them to the People’s Councils of the same level for adoption for submission to the superior for consideration and decision.

Article 108.- The People’s Committees of the provincial capitals or towns shall perform the tasks and exercise the powers, prescribed in Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 of this Law, and the following tasks and powers:

1. To work out urban development plannings of the provincial capitals or towns and submit them to the People’s Councils of the same level for adoption and submission to the superior for approval;

2. To implement the resolutions of the People’s Councils on the overall plannings on urban construction and development of the provincial capitals or towns on the basis of the overall plannings and plans for construction of urban technical infrastructure, measures to protect public order, traffic, fire and explosion prevention and fighting, to protect urban environment and landscape; measures to manage urban population and organize the life of people in the localities;

3. To manage and examine the use of the funds of State-owned houses in the localities according to the Government’s decentralization; to organize the implementation of decisions to handle violations in construction, land encroachment according to law provisions;

4. To manage and examine the use of the assigned public works in the localities; the construction of public general education schools at all levels; the construction and use of public works, lighting electricity, water supply and drainage, intra-urban traffic, traffic safety, urban sanitation in the localities;

5. To manage culture-information, physical training and sport establishments of the provincial capitals and towns; to protect and promote the value of historical and cultural relics as well as scenic places, managed by the provincial capitals or towns.

Article 109.- The People’s Committees of urban districts shall perform the tasks and exercise the powers, prescribed in Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 of this Law and the following tasks and powers:

1. To organize the application of measures to ensure the uniform implementation of socio-economic development plans and urban plannings of the cities;

2. To manage and examine the use of the funds of State-owned houses in the localities under the Government’s decentralization;

3. To grant certificates of house ownership and land use right in cities; to organize the implementation of decisions on handling of violations in construction, land encroachment according to law provisions;

4. To manage and examine the use of public works in the urban districts, which are assigned by the cities.

Article 110.- The People’s Committees of island districts shall perform the tasks and exercise the powers, prescribed in Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 of this Law, and the following tasks and powers:

1. To apply measures to build, manage and protect islands, sea regions according to law provisions;

2. To apply measures to manage local population;

3. To perform other tasks and exercise other rights, as prescribed by law.

Section 3. TASKS AND POWERS OF THE COMMUNE-LEVEL PEOPLE’S COMMITTEES

Article 111.- In the economic field, the People’s Committees of the communes or district townships shall perform the following tasks and exercise the following powers:

1. To work out annual socio-economic development plans and submit them to the People’s Councils of the same level for adoption and submission to the district People’s Committees for approval; to organize the implementation of such plans;

2. To estimate the State budget revenues in the localities; to estimate local budget revenues and expenditures and draw up plans for allocation of the budget of their level; to estimate local budget adjustment in case of necessity and make the local budget settlements and submit them to the People’s Councils of the same level for decision and report to the immediate superior People’s Committees and finance agencies.

3. To organize the implementation of local budgets, coordinate with superior State agencies in the management of State budget in the communes or district townships and report on the State budget according to law provisions;

4. To manage and rationally and efficiently use the retained land fund in service of public-utility demands in the localities; to build and manage public works, traffic roads, office buildings, schools, health stations, electricity and water supply works according to law provisions;

5. To mobilize contributions of organizations and individuals for investment in the construction of infrastructural works of the communes, district townships on the principles of democracy, voluntarism. The management of such contributions must be public, examined, controlled, ensuring that they are used for the right purposes and in accordance with law provisions.

Article 112.- In the fields of agriculture, forestry, fishery, irrigation, cottage industry and handicraft, the People’s Committees of communes and district townships shall perform the following tasks and exercise the following powers:

1. To organize and guide the implementation of programs, plans and schemes to encourage the development and application of scientific and technological advances for production development, and guide farmers to restructure their economy, crops, husbandry in production under the general plannings, plans and to prevent and eliminate crop and animal diseases;

2. To organize the construction of small-sized irrigation works; to maintain, consolidate and protect dykes, to protect forests; to prevent, fight and overcome consequences of natural disasters, storms and floods; to check in time acts of violating the legislation on dyke protection and/or forest protection in the localities;

3. To manage, examine and protect the use of water sources in the localities according to law provisions;

4. To organize and guide the exploitation and development of traditional crafts in the localities and organize the application of scientific and technological advances for the development of new production and business lines.

Article 113.- In the fields of construction as well as communications and transport, the People’s Committees of communes and district townships shall perform the following tasks and exercise the following powers:

1. To organize the construction, maintenance and repair of traffic roads in communes according to decentralization;

2. To manage the construction, grant permits for construction, of single dwelling houses in rural population quarters according to law provisions, to examine the observance of legislation on construction and handle law violations according to competence prescribed by law;

3. To organize the protection of, to inspect and handle acts of encroaching upon, traffic roads and other infrastructural works in the localities according to law provisions;

4. To mobilize voluntary contributions of people for construction of traffic roads, bridges, sluices in communes according to law provisions.

Article 114.- In the fields of healthcare, social affairs, culture, physical training and sports, the People’s Committees of communes and district townships shall perform the following tasks and exercise the following powers:

1. To implement plans on educational development in the localities; to coordinate with schools in mobilizing eligible children to enroll in the first grade; to organize complementary education classes and eradicate illiteracy for people in the prescribed age groups;

2. To organize the construction and management, inspection of operation of creches, kindergartens, pre-school institutions in the localities; to coordinate with the superior People’s Committees in managing primary schools and junior-high schools in the localities;

3. To organize the implementation of the assigned programs on grassroots healthcare, population and family planning; to mobilize people to preserve hygiene, to prevent and fight epidemics;

4. To build up movements for, and organize cultural, physical training and sport activities; to organize traditional festivals, protect and promote the values of historical and cultural relics as well as scenic places in the localities according to law provisions;

5. To implement policies and regimes towards war invalids, diseased soldiers, war martyrs’ families, people and family with meritorious services to the country as provided for by law;

6. To organize charity and humanitarian activities; to mobilize people to assist needy families, lonely aged people, the disabled, supportless orphans; to organize the nurturing of, and care for, social policy beneficiaries in the localities in various forms under the provisions of law;

7. To manage, protect, renovate war martyrs’ cemeteries; to plan and manage graveyards in the localities.

Article 115.- In the fields of defense, security, social order and safety as well as law enforcement in the localities, the People’s Committees of communes and district townships shall perform the following tasks and exercise the following powers:

1. To organize the propagation and education of the entire-people defense, to build up combat villages and communes in the local defense zones;

2. To carry out the work of military services and recruitment according to plans; to register and manage reserve army men; to organize the building, training and employment of militia and self-defense forces in the localities.

3. To apply measures to ensure security, social order and safety; to build up the mass movement for protecting national security; to apply measures to prevent and combat crimes, social evils and other law-breaking acts in the localities;

4. To manage household registration; to organize the registration of temporary residence and travel of foreigners in the localities.

Article 116.- In the realization of ethnic policies and religious policies, the People’s Committees of communes and district townships shall have the tasks to organize, guide and ensure the implementation of ethnic policies, religious policies; the rights to freedom of belief, religious freedom of local people under the provisions of law.

Article 117.- In law enforcement, the People’s Committees of communes and district townships shall perform the following tasks and exercise the following powers:

1. To organize law propagation and education; to settle law violations and minor disputes among people according to law provisions;

2. To organize the reception of citizens, to settle citizens’ complaints, denunciations and proposals according to competence;

3. To organize the implementation of, or coordinate with functional agencies in, judgment execution according to law provisions; to organize the execution of decisions on handling of administrative violations according to law provisions.

Article 118.- The People’s Committees of wards shall perform the tasks and exercise the powers, which are prescribed in Articles 111, 112, 113, 114, 115, 116 and 117 of this Law, and the following tasks and powers:

1. To organize the realization of resolutions of the People’s Councils of wards on ensuring the uniform implementation of socio-economic development plans and urban plannings, building the urban civilized lifestyles, preventing and combating social evils, maintaining order and sanitation, keeping streets, road beds, pavements clean, public order and urban views; to manage urban populations in the localities;

2. To inspect the land use by organizations and individuals in the wards according to law provisions;

3. To manage and protect technical infrastructures in the wards according to decentralization; to check and handle acts of encroaching upon technical infrastructures according to law provisions;

4. To examine the construction permits of organizations and individuals in the wards; to make records on, and suspend projects of construction, repair, renovations without permits, or contrary to the provisions in the permits and report thereon to competent State agencies for consideration and decision.

Section 4. ORGANIZATION AND OPERATION OF THE PEOPLE’S COMMITTEES

Article 119.- The People’s Committees shall be elected by the People’s Councils of the same level, each comprising the president, vice-presidents and members. The People’s Committee presidents are People’s Council deputies while other members of the People’s Committees must not necessarily be the People’s Council deputies.

The returns of election of the People’s Committee members must be ratified by the presidents of the immediate superior People’s Committees; the returns of election of members of the provincial-level People’s Committees must be ratified by the Prime Minister.

During a term, if the position of the People’s Committee president is vacant, the chairman of the People’s Council of the same level shall recommend a candidate to such position for election by the People’s Council. The person elected to the position of the People’s Committee president in that term must not necessarily be the People’s Council deputy.

Article 120.- The People’s Committees must bear responsibility for, and report on, their activities to the People’s Councils of the same level and the immediate superior People’s Committees.

The provincial-level People’s Committees shall bear responsibility for, and report on, their activities to the People’s Councils of the same level and the Government.

Article 121.- The People’s Committees shall coordinate with the Standing Bodies of the People’s Councils and the Boards of the People’s Councils of the same level in preparing the contents of sessions of the People’s Councils, elaborating schemes and submitting them to the People’s Councils for consideration and decision.

Article 122.- The numbers of members of the People’s Committees of various levels are prescribed as follows:

1. The provincial-level People’s Committees shall have between nine and eleven members each; the People’s Committee of Hanoi city and the People’s Committee of Ho Chi Minh city shall not have more than thirteen members;

2. The district-level People’s Committees shall have between seven and nine members each;

3. The commune-level People’s Committees shall have between three and five members each.

The number of members and the number of vice-presidents of the People’s Committee of each level shall be prescribed by the Government.

Article 123.- The People’s Committees  shall meet at least once a month.

The decisions of the People’s Committees must be voted for by more than half of the total number of the People’s Committee members.

Article 124.- The People’s Committees shall discuss collectively and decide by majority on the following issues:

1. The working programs of the People’s Committees;

2. Socio-economic development plans, annual budget estimates, annual budget settlements and reserve funds of the localities for submission to the People’s Councils for decision;

3. Plans on investment in, and construction of, key works in the localities for submission to the People’s Councils for decision;

4. Plans on mobilization of human resources and finance for settlement of urgent issues of the localities for submission to the People’s Councils for decision;

5. Measures to realize the People’s Councils’ resolutions on socio-economic affairs; the adoption of the People’s Committees’ reports before they are submitted to the People’s Councils;

6. Schemes on establishment, merger, dissolution of professional agencies of the People’s Committees and the establishment, merger, division, adjustment of administrative boundaries in the localities.

Article 125.- The presidents of the Vietnam Fatherland Front Committees and heads of mass organizations in the localities shall be invited to attend meetings of the People’s Committees of the same level when discussing relevant matters.

The People’s Committees shall create favorable conditions for the Vietnam Fatherland Front Committees and mass organizations to organize and mobilize people to participate in building and consolidating the people’s administrations; to organize the implementation of policies and laws of the State, supervise activities of State agencies, State officials and employees.

The People’s Committees shall implement the regime of briefing the all-round situation of the localities to the Vietnam Fatherland Front Committees and mass organizations.

The People’s Committees and their members shall have to settle and respond to petitions of the Vietnam Fatherland Front Committees and mass organizations.

Article 126.- The People’s Committee presidents shall be the persons who lead and run all affairs of the People’s Committees, take personal responsibility for the performance of their tasks and the exercise of their powers, which are prescribed in Article 127 of this Law, and together with the People’s Committee collective bear responsibility for activities of the People’s Committees before the People’s Councils of the same level and before the superior State agencies.

The vice-presidents and other members of the People’s Committees shall perform the tasks and exercise the powers, which are assigned by the People’s Committee presidents, and must take responsibility before the People’s Committee presidents for the performance of assigned tasks and the exercise of delegated powers.

Each member of the People’s Committees must bear personal responsibility for his/her respective work before the People’s Councils, the People’s Committees of the same level and together with other members bear the collective responsibility for activities of the People’s Committees before the People’s Councils of the same level and before the superior State agencies.

Article 127.- The People’s Committee presidents shall have the following tasks and powers:

1. To lead the activities of the People’s Committees, members of the People’s Committees and professional agencies of the People’s Committees:

a) To urge, examine activities of the professional agencies of their respective People’s Committees and the subordinate People’s Committees in the observance of the Constitution, laws, legal documents of the superior State agencies, resolutions of the People’s Councils and decisions as well as directives of their respective People’s Committees;

b) To decide on matters which fall within the tasks and powers of their respective People’s Committees, excluding issues prescribed in Article 124 of this Law;

c) To apply measures to improve their working styles; to manage and administer the administrative apparatuses for efficient operation; to check and combat manifestations of bureaucracy, irresponsibility, authoritarianism, corruption, wastage as well as other negative manifestations of State officials and employees in the apparatuses of the local administration;

d) To organize the reception of citizens, to consider and settle petitions, complaints and denunciations of people according to law provisions.

2. To convene and chair meetings of their People’s Committees;

3. To ratify returns of election of members of the immediate subordinate People’s Committee; to transfer, suspend from working, relieve from duty or dismiss presidents, vice-presidents of the immediate subordinate People’s Committees; to ratify the relief from duty or dismissal of members of the immediate subordinate People’s Committees; to appoint, relieve from duty, transfer, demote, commend, discipline State officials and employees according to the decentralization of management;

4. To suspend the implementation of, or abrogate unlawful documents of the professional agencies of their respective People’s Committees and unlawful documents of the People’s Committees, presidents of the immediate subordinate People’s Committees;

5. To suspend the implementation of unlawful resolutions of the immediate subordinate People’s Councils and propose their People’s Councils to abrogate them.

6. To direct and apply measures to settle unexpected and urgent affairs in prevention and combat of natural calamities, fires, explosions, epidemics, in security and order, and report thereon to the People’s Committees at their nearest meetings;

7. To issue decisions, directives on the performance of their tasks and the exercise of their powers.

Section 5. PROFESSIONAL AGENCIES OF THE PEOPLE’S COMMITTEES

Article 128.- The professional agencies of the People’s Committees are the advisory bodies assisting the People’s Committees of the same level in performing the function of State management in the localities and perform a number of tasks and exercise a number of powers, as authorized by the People’s Committees of the same level and according to law provisions; contributing to ensure the uniform management of branches or working domains from the central to grassroots level.

Article 129.- The professional agencies of the People’s Committees submit to the direction and management by the People’s Committees of the same level in terms of their organization, payroll and activities, and at the same time to the professional direction and inspection by the superior professional agencies. The heads of the professional agencies of the People’s Committees shall bear responsibility for, and report on, activities to the People’s Committees, the superior professional agencies and report on activities to the People’s Councils of the same level when so requested.

Article 130.- The Government shall prescribe the organization of the professional agencies of the People’s Committees and guide the organization of a number of professional agencies so that the provincial-level People’s Councils decide thereon in a way suitable to the specific characteristics of the localities.

Chapter V

ORGANIZATION OF PEOPLE’S COUNCILS AND PEOPLE’S COMMITTEES IN CASE OF CHANGING THE LEVELS OR BOUNDARIES OF ADMINISTRATIVE UNITS AND IN SPECIAL CASES

Article 131.- In cases where many administrative units are merged into new ones, the People’s Councils of the former administrative units shall be merged into the People’s Councils of the new administrative units and continue to operate until the end of their terms.

The People’s Councils of the new administrative units shall elect the chairmen, vice-chairmen, members of the Standing Bodies of the People’s Councils, the presidents, vice-presidents and other members of the People’s Committees, heads and other members of the Boards of the People’s Councils and operate until the end of their terms.

Article 132.- In cases where an administrative unit is split up into many new administrative units, the People’s Council deputies who were elected or have worked in the areas of any administrative units shall join together into the People’s Councils of such administrative units and continue to operate until the end of their terms.

In cases where the number of People’s Council deputies in the new administrative units represents two-thirds of the number of deputies elected under the provisions of law, the new People’s Councils shall elect the chairmen, vice-chairmen and members of the Standing Bodies of the People’s Councils; the presidents, vice-presidents and other members of the People’s Committees; heads and other members of the Boards of the People’s Councils and continue to operate until the end of their terms.

In cases where the number of People’s Council deputies in the new administrative units is not enough under the provisions of the Law on Election of People’s Council Deputies, by-elections may be held under the provisions of the Law on Election of People’s Council Deputies.

Article 133.- The first sessions of the People’s Councils in the new administrative units prescribed in Articles 131 and 132 of this Law shall be held and by a convener appointed among the deputies of the People’s Councils of such administrative units who shall chair the sessions until the People’s Councils elect the chairmen of the People’s Councils of the new administrative units. The Standing Bodies of the superior People’s Councils shall directly appoint the conveners; for the provincial level, the National Assembly Standing Committee shall appoint the conveners.

Article 134.- In cases where an administrative unit is entitled to change its administrative level or where a new administrative unit is established, the president of the immediate superior People’s Committee shall designate a provisional People’s Committee to undertake the work until the new People’s Council and People’s Committee are elected. For the provincial-level administrative units, the Prime Minister shall designate the provisional People’s Committees.

Article 135.- In cases where a part of the land area and population of one administrative unit is adjusted to belong to another administrative unit, the People’s Council deputies in that land area shall be the deputies of the People’s Councils in the equivalent new units and continue to operate in the new units until the end of their term.

Article 136.- In cases where a population group is transferred to another place, the People’s Council deputies who are transferred together with such population group shall be the deputies of the People’s Councils of the equivalent levels and continue to operate in the new unit until the end of their terms.

Article 137.- In cases where a People’s Council is dissolved or in other special cases, the president of the immediate superior People’s Committee shall designate the provisional People’s Committee to undertake the work until a new People’s Council and a new People’s Committee are elected; for the provincial level, the Prime Minister shall designate the provisional People’s Committees.

Chapter VI

IMPLEMENTATION PROVISION

Article 138.- The People’s Council and the People’s Committee of Hanoi city, apart from the tasks and powers prescribed in this Law, shall perform other tasks and exercise other powers, which are prescribed by the National Assembly Standing Committee.

Article 139.- This Law shall replace the (amended) Law on Organization of the People’s Councils and the People’s Committees of June 21, 1994.

Article 140.- The National Assembly Standing Committee and the Government shall guide and detail the implementation of this Law.

This Law was passed on November 26, 2003 by the XI^th National Assembly of the Socialist Republic of Vietnam, at its 4^th session.

National Assembly Chairman
NGUYEN VAN AN