Law on Organization of Local Administration, Law No. 77/2015/QH13

LAW

On Organization of Local Administration^[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides administrative units and organization and operation of local administrations in administrative units.

Article 2. Administrative units

Administrative units of the Socialist Republic of Vietnam comprise:

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

2. Rural districts, urban districts, towns, provincial cities and cities of centrally run cities (below referred to as district-level administrative units);

3. Communes, wards and townships (below referred to as commune-level administrative units);

4. Special administrative-economic units.

Article 3. Grading of administrative units

1. The grading of administrative units shall serve as a basis for devising socio-economic development policies; building organizational apparatuses and formulating regimes and policies towards cadres and public employees of local administrations suitable to each grade of administrative unit.

2. The grading of administrative units shall base on indicators such as population size, land area, number of attached administrative units, level of socio-economic development and particular elements of each grade of administrative unit in rural, urban and island areas.

3. Administrative units shall be graded as follows:

a/ Hanoi and Ho Chi Minh City are special provincial-level administrative units; remaining provincial-level administrative units shall be classified into three grades: grade I, grade II and grade III;

b/ District-level administrative units shall be classified into three grades: grade I, grade II and grade III;

c/ Commune-level administrative units shall be classified into three grades: grade I, grade II and grade III.

4. Based on Clauses 2 and 3 of this Article, the Government shall propose the National Assembly Standing Committee to specify criteria of each indicator and competence and procedures for grading administrative units.

Article 4. Organization of local administrations in administrative units

1. The local administration comprising the People’s Council and People’s Committee shall be organized in administrative units of the Socialist Republic of Vietnam prescribed in Article 2 of this Law.

2. Local administrations in rural areas comprise administrations of provinces, rural districts and communes.

3. Local administrations in urban areas comprise administrations of centrally run cities, urban districts, towns, provincial cities, cities of centrally run cities, wards and townships.

Article 5. Principles of organization and operation of local administrations

1. Abiding by the Constitution and law, managing the society by law, and  implementing the principle of democratic centralism.

2. Modernity and transparency, in service of the People and submission to supervision of the People.

3. People’s Councils shall work under the conferential regime and make decisions by a vote of the majority.

4. People’s Committees shall work under the collegial regime in combination with responsibilities of People’s Committee chairpersons.

Article 6. The People’s Council

1. The People’s Council of a locality is composed of People’s Council deputies elected by voters in the locality, is the local state power body representing the will, aspirations and right to mastery of the People and is held responsible to the local People and superior state agencies.

2. People’s Council deputies shall represent the will and aspirations of local People and be held responsible to local voters and the People’s Council for the performance of their tasks and exercise of their powers as deputies.

People’s Council deputies shall be equal in discussing and deciding on issues within the tasks and powers of the People’s Council.

3. The standing body of the People’s Council is the standing agency of the People’s Council which shall perform the tasks and exercise the powers prescribed in this Law and other relevant laws; be held responsible and make work reports to the People’s Council. 

A member of the standing body of the People’s Council at a level may not be concurrently a member of the People’s Committee of the same level.

4. Boards of the People’s Council are agencies of the People’s Council and shall be tasked to appraise draft resolutions, reports and schemes before they are submitted to the People’s Council; supervise and make recommendations on issues  under their charge; and be held responsible and make work reports to the People’s Council.

Article 7. Criteria of People’s Council deputies

1. To be loyal to the Fatherland, the People and the Constitution, to strive to carry out the renewal cause for the goal of a prosperous people and a strong, democratic, equitable and civilized country.

2. To possess moral qualities, to be diligent, thrifty, incorruptible, public-spirited and selfless, exemplary in the observance of law; to have the spirit and be determined to fight against corruption, waste and manifestations of bureaucracy, arrogance, authoritarianism and other illegal acts.

3. To possess educational and professional qualifications, to have full capacity, health, work experience and prestige to perform their tasks as deputies; to have conditions to participate in activities of the People’s Council.

4. To keep close ties with the People, to listen to the People and to gain trust of the People.

Article 8. The People’s Committee

1. The People’s Committee at a level shall be elected by the People’s Council of the same level, be the executive body of the People’s Council and the local state administrative body and be held responsible to the local People and the People’s Council of the same level and superior state administrative agencies.

2. The People’s Committee shall be composed of the chairperson, vice chairpersons and members. The specific numbers of vice chairpersons of People’s Committees of all levels shall be provided by the Government.

Article 9. Specialized agencies of the People’s Committee

1. Specialized agencies of the People’s Committee shall be organized at provincial and district levels and are agencies advising and assisting the People’s Committee in performing the state management of sectors and fields in the locality and perform tasks and exercise powers as decentralized or authorized by superior state agencies.

2. Specialized agencies of the People’s Committee shall submit to the latter’s direction and management with regard to organization, personnel and work and, at the same time, to professional direction and inspection of line management agencies at higher levels.

3. The organization of specialized agencies of the People’s Committee must conform with characteristics of rural, urban or island areas and conditions and socio-economic development situation of each locality; and ensure streamlining, reasonability, smoothness, effect and effectiveness in the state management of sectors and fields from the central to grassroots levels; and no overlap between their tasks and powers and those of superior state agencies in the locality.

4. The Government shall stipulate in detail the organization and operation of specialized agencies of provincial- and district-level People’s Committees.

Article 10. Terms of the People’s Council and People’s Committee

1. The term of a People’s Council is 5 years, counting from its first session to the first session of the succeeding People’s Council. The succeeding People’s Council shall be elected at least 45 days before the end of the term of the ongoing People’s Council.

The shortening or prolongation of the term of the People’s Council shall be decided by the National Assembly at the proposal of the National Assembly Standing Committee.

2. The term of People’s Council deputies shall follow the term of the People’s Council. People’s Council deputies who are by-elected shall start performing their tasks from the opening date of the session following the by-election to the opening date of the first session of the succeeding People’s Council.

3. The term of the standing body of the People’s Council, People’s Committee and Boards of the People’s Council shall follow the term of the People’s Council of the same level. When the term of the People’s Council expires, the standing body of the People’s Council, People’s Committee and Boards of the People’s Council shall continue performing their tasks until the succeeding People’s Council elects new People’s Council standing body, People’s Committee and Boards of the People’s Council.

Article 11. Determination of competence of local administrations

1. Tasks and powers of local administrations of all levels shall be determined on the basis of determining the competence of state agencies at the central and local levels and of each level of local administration through delegation and decentralization of powers.

2. The determination of competence must comply with the following principles:

a/ Ensuring unified state management in terms of institutions, policies, strategies and master plans for sectors and fields; ensuring unity and smoothness of the national administration system;

b/ Promoting the right to autonomy and accountability of local administrations in administrative units in performing state management tasks in their localities in accordance with law;

c/ Closely combining sector-based management with territory-based management, clearly determining the state management of socio-economic activities in localities between local administrations of different levels.

d/ The determination of competence must conform with conditions and characteristics of rural, urban and island areas and particularities of sectors and fields;

dd/ Matters involving two or more commune-level administrative units shall be handled by the district-level administration; matters involving two or more district-level administrative units shall be handled by the provincial-level administration; matters involving two or more provincial-level administrative units shall be handled by central state agencies, unless otherwise provided by law, resolutions of the National Assembly; ordinances, resolutions of the National Assembly Standing Committees, or decrees of the Government;

e/ Local administrations shall be provided with sufficient sources to perform  the tasks and exercise the powers delegated or decentralized to them, and take responsibility within the scope of the delegation or decentralization.

3. The National Assembly and People’s Councils at all levels shall, within the ambit of their tasks and powers, oversee local state agencies in performing the tasks and exercise of the powers delegated or decentralized to them.

Article 12. Delegation of powers to local administrations

1. The delegation of powers to local administrations at each level shall be prescribed in laws.

2. Local administrations shall have autonomy and accountability in performing the tasks and exercising the powers delegated to them.

3. Superior state agencies shall, within the ambit of their tasks and powers, inspect and examine the constitutionality and lawfulness in the performance of  tasks and exercise of powers delegated to local administrations at all levels.

4. The definition of tasks and powers of local administrations and agencies under local administrations in laws must comply with the principles specified in Clause 2, Article 11 of this Law and conform with the tasks and powers of local administrations specified in this Law.

Article 13. Decentralization of powers to local administrations

1. Based on working requirements, implementation capacity and practical conditions and situation of localities, central and local state agencies may decentralize local administrations or state agencies at lower levels to perform one or several of their tasks and exercise one or several of their powers on a frequent and regular basis, unless otherwise provided by law.

2. The decentralization of powers must comply with the principles specified in Clause 2, Article 11 of this Law and shall be provided in legal documents of decentralizing state agencies, clearly determining the tasks and powers decentralized to local administrations or state agencies at lower levels and responsibilities of decentralizing and decentralized state agencies.

3. When decentralizing tasks and powers to local administrations or state agencies at lower levels, state agencies at higher levels shall ensure sufficient sources and other necessary conditions for the performance of delegated tasks and powers; guide and inspect, and be held responsible for the results of, the performance of delegated tasks and exercise of delegated powers.

4. Decentralized state agencies shall be held responsible before decentralizing state agencies for the performance of the tasks and exercise of the powers decentralized to them. Based on the practical situation in the locality, local state agencies may further decentralize local administrations or subordinate state agencies to perform the tasks and exercise the powers already decentralized to them by superior state agencies after obtaining the decentralizing state agencies’ consensus.

Article 14. Authorization to local state administrative agencies

1. When necessary, state administrative agencies at higher levels may authorize in writing People’s Committees at lower levels or other agencies and organizations to perform one or several of their tasks and exercise one or several of their powers within a certain period under specific conditions.

2. When authorizing People’s Committees at lower levels or other agencies and organizations, higher-level state administrative agencies shall ensure sufficient sources and other necessary conditions for People’s Committees at lower levels and other agencies and organization to perform the tasks and exercise the powers authorized to them; guide, inspect, and be held responsible for the results of, the performance of these tasks and exercise of these powers.

Article 15. Working relationship between local administrations and local Vietnam Fatherland Front Committees and socio-political organizations

1. Local administrations shall create conditions for Vietnam Fatherland Front Committees and socio-political organizations to mobilize the People to involve in the building and consolidation of the people’s administrations, organize the implementation of the State’s policies and laws and supervise and conduct social criticism of the operation of local administrations.

2. Presidents of local Vietnam Fatherland Front Committees and heads of local socio-political organizations shall be invited to sessions of People’s Councils and meetings of People’s Committees of the same level that discuss relevant issues.

3. People’s Councils and People’s Committees shall report on local situations to Vietnam Fatherland Front Committees and socio-political organizations of the same level.

4. Local administrations shall listen, settle and reply to recommendations local Vietnam Fatherland Front Committees and socio-political organizations on the building of administrations and socio-economic development in localities.

Chapter II

LOCAL ADMINISTRATIONS IN RURAL AREAS

Section 1

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE PROVINCIAL ADMINISTRATION

Article 16. The provincial administration

The provincial administration is the local administration which comprises a provincial People’s Council and a provincial People’s Committee.

Article 17. Tasks and powers of the provincial administration

1. To organize and ensure the implementation of the Constitution and law in the province.

2. To decide on affairs of the province as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform the tasks and exercise the powers authorized by central state administrative agencies.

4. To inspect and supervise the organization and operation of administrations of local administrative units.

5. To be held responsible before superior state agencies for results of performance of its tasks and exercise of its powers.

6. To coordinate with central state agencies and localities in promoting regional economic alignment and implementing regional master plans so as to ensure the unity of the national economy.

7. To decide on, and organize the implementation of, measures to promote the People’s mastery, to mobilize social resources for socio-economic construction and development, to maintain national defense and security in the province.

Article 18. Organizational structure of the provincial People’s Council

1. The provincial People’s Council shall be composed of People’s Council deputies elected by voters in the province.

The total number of deputies of the provincial People’s Council shall be determined according to the following principles:

a/ A mountainous or highland province with a population of 500,000 or fewer may elect 50 deputies; the one with a population of over 500,000 may additionally elect one deputy for every 30,000 people but must have 85 deputies at most;

b/ A province other than the one prescribed at Point a of this Clause with a population of 1,000,000 or fewer may elect 40 deputies; the one with a population of over 1,000,000 may elect additionally one deputy for every 50,000 people but must have 95 deputies at most;

2. The standing body of the provincial People’s Council shall be composed of the chairperson and two vice chairpersons of the People’s Council and members being heads of boards of the People’s Council and the Chief of the People’s Council Office. The chairperson of the provincial People’s Council may be a part-time People’s Council deputy, vice chairpersons of the provincial People’s Councils must be full-time People’s Council deputies.

3. The provincial People’s Council shall establish the Legal Board, Economic-Budgetary Board and Cultural and Social Board; and the Board for Ethnic Minorities Affairs, for a province having many ethnic minority people. The National Assembly Standing Committee shall specify criteria and conditions for establishment of the Board for Ethnic Minorities Affairs prescribed in this Clause.

A board of the provincial People’s Council shall be composed of the head, two deputy heads at most and members. The number of members of a board of the provincial People’s Council shall be decided by the provincial People’s Council. The head of a board of the provincial People’s Council may be a part-time People’s Council deputy; deputy heads of a board of the provincial People’s Council must be full-time deputies.

4. Deputies of the provincial People’s Council elected in one or more than one constituency shall form groups of People’s Council deputies. The number of groups of People’s Council deputies, heads and deputy heads of groups shall be decided by the standing body of the provincial People’s Council.

Article 19. Tasks and powers of the provincial People’s Council

1. Tasks and powers of the provincial People’s Council in organizing and ensuring the implementation of the Constitution and law:

a/ To issue resolutions on affairs within its tasks and powers;

b/ To decide on measures to ensure social order and safety, fight against, prevent and control crimes and other illegal acts, and prevent and control bureaucracy and corruption within their delegated powers; measures to protect assets of agencies and organizations, and safeguard the life, freedom, honor, dignity, assets and other lawful rights and interests of citizens in the province;

c/ To decide on measures to perform the tasks and exercise the powers decentralized by superior state agencies; to decide to decentralize district- and commune-level local administrations and subordinate state agencies to perform the tasks and exercise the powers of the provincial administration;

d/ To partially or wholly annul unlawful documents of the provincial People’s Committee or its chairperson; to partially or wholly annul unlawful documents of district-level People’s Councils;

dd/ To dissolve a district-level People’s Council which causes serious damage to the interests of the People and propose the National Assembly Standing Committee to approve such dissolution; to approve district-level People’s Councils’ resolutions on dissolution of commune-level People’s Councils.

2. Tasks and powers of the provincial People’s Council in building the administration

a/ To elect, relieve from duty and remove from office chairpersons and vice chairpersons of the provincial People’s Council, heads and deputy heads of Boards of the provincial People’s Council, and the Chief of the provincial People’s Council Office; to elect, relieve from duty and remove from office the chairperson, vice chairpersons and members of the provincial People’s Committee; to elect, relieve from duty and remove from office assessors of the provincial People’s Court;

b/ To collect votes of confidence and cast votes of confidence on holders of positions elected by the provincial People’s Councils in accordance with Articles 88 and 89 of this Law;

c/ To remove from office provincial People’s Council deputies and approve resignation of provincial People’s Council deputies;

d/ To decide on the establishment or abolishment of specialized agencies of the provincial People’s Committee;

dd/ To decide on payrolls of civil servants of agencies of People’s Councils and People’s Committees, and of public non-business units of People’s Committees, at all levels in the province within the payrolls assigned by the Government; to decide on the number of, and levels of allowances for, part-timers in communes, villages and residential quarters, and approve the total number of employees of provincially managed public non-business units according to the Government’s regulations;

e/ To decide to establish, dissolve, merge and split villages and residential quarters; to name and rename villages, residential quarters, roads, streets, squares and public works in the locality in accordance with law.

3. Tasks and powers of the provincial People’s Council in the fields of economics, natural resources and environment:

a/ To decide on long-term, medium-term and annual socio-economic development plans of the province; and master plans and plans on development of sectors and fields in the province within the scope of its delegated powers;

b/ To decide on state budget revenue estimates of the province; local budget revenue and expenditure estimates and allocation of provincial budget estimates; to adjust local budget estimates in case of necessity; to approve the final accounts of the local budget. To decide on investment policies, programs and projects of the province in accordance with law;

c/ To decide on matters related to charges and fees in accordance with law; contributions of the People; to decide on the borrowing of domestic capital through issuance of local bonds, municipal bonds, project bonds and other forms of capital mobilization in accordance with law;

d/ To decide on policies and specific measures to encourage and mobilize economic sectors to provide public services in the province in accordance with law;

dd/ To decide on other measures for socio-economic development in the province in accordance with law;

e/ To decide on construction planning and urban planning within the scope of its delegated powers in accordance with law and on regional economic alignment between local administrations of different levels, ensuring conformity with the local situation and characteristics and unity of the national economy;

g/ To decide on master plans to develop the systems of industrial, agricultural, forestry and fishery extension organizations and trade, service, tourism and transport networks in the province in accordance with law;

h/ To approve provincial land-use master plans and plans before submitting them to the Government for approval; to decide on measures to manage and use land, water resources, mineral resources and resources from the sea and airspace and other natural resources, and protect the environment within its delegated powers.

4. Tasks and powers of the provincial People’s Council in the fields of education, training, science, technology, culture, information, physical training and sports:

a/ To decide on measures to develop the network of educational institutions and conditions to ensure education and training activities within the scope of its delegated powers; to decide on the rates of education and training services provided by provincially managed public education and training institutions in accordance with law;

b/ To decide on measures to encourage the development of scientific research, promotion of initiatives, technical renovation and application of scientific and technological advances in the province;

c/ To decide on measures to develop culture, information, physical training and sports; measures to protect and promote the value of local cultural heritages; and measures to guarantee activities in the fields of culture, information, advertising, press, publication, physical training and sports in the province within its delegated powers.

5. Tasks and powers of the provincial People’s Council in the fields of health, labor and social policy implementation:

a/ To decide on measures to develop the system of medical examination and treatment establishments at provincial, district and commune levels;

b/ To decide on the rates of medical examination and treatment services provided by locally managed state-owned medical examination and treatment establishments in accordance with law;

c/ To decide on measures to protect and care for the people’s health; to protect and care for mothers, children, elderly people, people with disabilities, poor people, helpless orphans and other disadvantaged people. To decide on measures to prevent and control epidemics and measures to implement population and family planning policies in the province;

d/ To decide on measures to manage, use and develop local human resources; measures to create jobs, increase productivity, raise incomes, improve working conditions and ensure occupational safety and hygiene;

dd/ To decide on policies to attract and encourage cadres, civil servants, public employees and laborers working in the province in conformity with conditions and capacity of the local budgets and regulations of superior state agencies;

e/ To decide on measures to implement preferential policies for people with meritorious services to the revolution; measures to implement social security and social welfare policies and hunger eradication and poverty reduction measures.

6. Tasks and powers of the provincial People’s Council in ethnic minorities and religion affairs:

a/ To decide on measures to implement ethnic minorities policies, improve the material and spiritual lives and intellectual level of ethnic minority groups, guarantee equality between ethnic groups, enhance national solidarity and mutual assistance among ethnic groups in the province;

b/ To decide on measures to implement religion policies within its delegated powers; and measures to guarantee the right to equality between religions as well as the right to freedom of belief and religion in the province.

7. Tasks and powers of the provincial People’s Council in the fields of national defense, security and assurance of social order and safety:

a/ To decide on measures to ensure the performance of national defense and security tasks in accordance with law; to maintain political security, fight against,  prevent and control corruption, crimes and other illegal acts and ensure social order and safety in the province;

b/ To decide on policies and measures to promote local potential to firmly build the national defense by all the people and the people’s security, to build firm defensive zones meeting requirements at peacetime and wartime.

c/ To decide on strategies and measures to build militia, self-defense, military reserve and commune police forces in the locality; to decide on policies and measures to combine economic development with national defense and security and  on the shifting of local socio-economic activities from peacetime to wartime;

d/ To decide on measures to ensure public order and traffic safety and order in the province.

8. To supervise the observance of the Constitution and law in the province and the implementation of resolutions of provincial People’s Councils; to oversee the operation of the standing body of the provincial  People’s Council, the People’s Committee, People’s Court and People’s Procuracy of the provincial level and boards of the provincial People’s Council; to oversee legal documents of the provincial People’s Committee and district-level People’s Councils.

9. To perform other tasks and exercise other powers in accordance with law.

Article 20. Organizational structure of the provincial People’s Committee

1. The provincial People’s Committee shall be composed of the chairperson, vice chairpersons and members.

The People’s Committee of a grade-I province must have 4 vice chairpersons at most; and of a grade-II or grade-III province, 3 vice chairpersons at most.

Members of the provincial People’s Committee comprise heads of specialized agencies of the provincial People’s Committee, a member in charge of military affairs and a member in charge of public security affairs.

2. Specialized agencies of the provincial People’s Committee comprise provincial-level departments and equivalent agencies.

Article 21. Tasks and powers of the provincial People’s Committee

1. To formulate, and submit to the provincial People’s Councils for decision, the contents prescribed at Points a, b and c, Clause 1; Points d, dd and e, Clause 2; Clauses 3, 4, 5, 6 and 7, Article 19 of this Law and organize the implementation of resolutions of the provincial People’s Council.

2. To provide the organizational apparatuses and specific tasks and powers of its specialized agencies.

3. To  organize the execution of the provincial budget and the performance of tasks of socio-economic, industrial, construction, trade, service, tourism, agriculture, forestry, fisheries, transport network and irrigation development; to implement measures to manage the use of land, forests, mountains, rivers, lakes, water resources, mineral resources, resources from the sea and air space, and other natural resources; to implement measures to prevent and control natural disasters and protect the environment in the province within its delegated powers.

4. To formulate and organize the implementation of provincial programs, projects and schemes for ethnic minority areas and areas with extremely difficult socio-economic conditions.

5. To implement measures to build the national defense by the people and the people’s security in the province; to direct the formulation of plans on building firm defensive zones in the province; to organize defense and security education and local military work; to build and organize military operations of the local army, self-defense and militia forces; to build the reserve force and mobilize forces to meet task requirements in accordance with law; to build the movement “All people protect national security” in the province.

6. To perform tasks of organizing and guaranteeing the implementation of the Constitution and law, building the local administration and administrative boundaries, education, training, science and technology, culture, information, physical training and sports, health, labor, social policies, ethnic minorities, religion, national defense, security, social order and safety, judicial administration, judicial assistance, and other tasks and powers prescribed by law.

7. To perform tasks and exercise powers decentralized or authorized by central state agencies.

8. To decentralize and authorize People’s Committees of lower levels and other agencies and organizations to perform the tasks and exercise the powers of the provincial People’s Committee.

Article 22. Tasks and powers of the provincial People’s Committee chairperson

The provincial People’s Committee chairperson is the head of the provincial People’s Committee, having the following tasks and powers:

1. To lead and administer work of the provincial People’s Committee and its members; to lead and direct specialized agencies of the provincial People’s Committee.

2. To approve the results of election, relief from duty and removal from office of chairpersons and vice chairpersons of district-level People’s Committees; to transfer, suspend and dismiss chairpersons and vice chairpersons of district-level People’s Committees; to empower the acting as district-level People’s Committee chairperson in case of vacancy of this post in the interval of two sessions of the district-level People’s Council; to request district-level People’s Committee chairpersons to suspend or dismiss chairpersons and vice chairpersons of People’s Committees of lower levels who fail to fulfill their assigned tasks or violate law; to appoint, relieve from duty, transfer, dismiss, commend and discipline cadres, civil servants and public employees under his/her management in accordance with law.

3. To lead and direct the performance of the tasks of implementing the Constitution and laws, and documents of superior state agencies and the provincial People’s Council and People’s Committee; to perform tasks of national defense, security, protection of social order and safety, prevention fight against and control of crimes and other illegal acts, prevention of and fight against bureaucracy and corruption; to organize the implementation of measures to protect assets of agencies and organizations, safeguard the life, freedom, honor, property, and other lawful rights and interests of citizens; to implement measures to manage residents in the province in accordance with law.

4. To direct and be held responsible for the operation of the state administration system from the provincial to grassroots levels, ensuring the unity and smoothness of the national administration system; to direct administrative reform, civil service and civil servant reform in the local state administration system.

5. To suspend the implementation of, or annul, illegal documents of specialized agencies of the provincial People’s Committee and of district-level People’s Committees and their chairpersons. To suspend the implementation of illegal documents of district-level People’s Councils and report them to the provincial People’s Committee for proposing the provincial People’s Council to annul these documents.

6. To organize coordination with superior state agencies located in the province in performing tasks and exercising powers as prescribed by law.

7. To direct district-level People’s Committee chairpersons; to authorize vice chairpersons of the provincial People’s Committee or heads of specialized agencies of the provincial People’s Committee to perform the tasks and exercise the powers within his/her competence.

8. To manage and organize the effective use of assigned working offices, assets, equipment and state budgets in the province in accordance with law;

9. To direct the implementation of measures to protect the environment, prevent and fight against fire and explosion and apply measures to settle urgent and emergency affairs in prevention and control of natural disasters and epidemics, and assurance of security and social order and safety in the province in accordance with law;

10. To organize the inspection, examination, settlement of complaints and denunciations, handling of violation and receipt of citizens in accordance with law;

11. To perform the tasks and exercise the powers decentralized or authorized by central state agencies.

Section 2

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE RURAL DISTRICT ADMINISTRATION

Article 23. Rural district administration

The rural district administration is the local administration which comprises the People’s Council and the People’s Committee of a rural district.

Article 24. Tasks and powers of the rural district administration

1. To organize and ensure the implementation of the Constitution and law in the rural district.

2. To decide on affairs of the district as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform the tasks and exercise the powers authorized by superior state administrative agencies.

4. To inspect and supervise the organization and operation of commune-level local administrations.

5. To be held responsible before the provincial-level administration for the results of performance of its tasks and exercise of its powers.

6. To decide on and organize the implementation of measures to promote the People’s mastery, mobilize social resources for socio-economic construction and development and national defense and security assurance in the rural district.

Article 25. Organizational structure of the People’s Council of a rural district

1. The People’s Council of a rural district shall be composed of People’s Council deputies elected by voters in the rural district.

The total number of deputies of the People’s Council of a rural district shall be determined according to the following principles:

a/ A mountainous, highland or island district with a population of 40,000 or fewer may elect 30 deputies; the one with a population of over 40,000 may elect additionally one deputy for every  5,000 people but must have 40 deputies at most;

b/ A district other than those prescribed at Point a of this Clause with a population of 80,000 or fewer may elect 30 deputies; the one with a population of over 80,000 may elect additionally one deputy for every 10,000 people but must have 40 deputies at most;

c/ The number of deputies of the People’s Council of a rural district having 30 commune-level administrative units or more shall be decided by the National Assembly Standing Committee at the proposal of the standing body of the provincial-level People’s Council but must have 45 deputies at most.

2. The standing body of the People’s Council of a rural district shall be composed of the chairperson and two vice chairpersons of the People’s Council and members of the People’s Council who are heads of boards of the People’s Council. The chairpersons of the People’s Councils of a rural district may be a part-time People’s Council deputy, vice chairpersons of the People’s Council of a rural district must be full-time People’s Council deputies.

3. The People’s Council of a rural district shall establish the Legal Board and Economic-Budgetary Board; and the Board for Ethnic Minorities Affairs for a locality having many ethnic minority people. The National Assembly Standing Committee shall specify criteria and conditions for establishment of the Board for Ethnic Minorities Affairs prescribed in this Clause.

A board of the People’s Council of a rural district shall be composed of the head, the deputy head and members. The People’s Council of a rural district shall decide on the number of members of its boards. The head of a board of the People’s Council of a rural district may be a part-time People’s Council deputy; the deputy head of a board of the People’s Council of a rural district must be a full-time People’s Council deputy.

4. Deputies of the People’s Council of a rural district elected in one or more than one constituency shall form groups of People’s Council deputies. The number of groups of People’s Council deputies, heads and deputy heads of these groups shall be decided by the standing body of the People’s Council of the rural district.

Article 26. Tasks and powers of the People’s Council of a rural district

1. Tasks and powers of the People’s Council of a rural district in organizing and ensuring the implementation of the Constitution and law and in the fields of natural defense, public security and administration building:

a/ To issue resolutions on affairs within its tasks and powers;

b/ To decide on measures to perform defense and security tasks; measures to ensure social order and safety, fight against, prevent and control crimes and other illegal acts, prevent and control bureaucracy and corruption within its delegated powers; measures to protect assets of agencies and organizations, and safeguard the lives, freedom, honor, dignity, assets and other lawful rights and interests of citizens in the rural district in accordance with law;

c/ To decide on measures to perform the tasks and exercise the powers decentralized by superior state agencies; to decide to decentralize the performance of its tasks and exercise of its powers to subordinate local administrations and subordinate state agencies;

d/ To elect, relieve from duty and remove from office its chairperson and vice chairpersons and heads and deputy heads of its Boards; to elect, relieve from duty and remove from office the chairperson, vice chairpersons and members of People’s Committees of the rural district; to elect, relieve from duty and remove from office assessors of the People’s Court of the rural district;

dd/ To collect votes of confidence and caste votes of confidence on holders of positions elected by the People’s Council in accordance with Articles 88 and 89 of this Law;

e/ To partially or wholly annul unlawful documents of the People’s Committee of the rural district and its chairperson; to partially or wholly annul unlawful documents of commune-level People’s Councils;

g/ To decide on the establishment or abolishment of specialized agencies of the People’s Committee of the rural district;

h/ To dissolve a commune-level People’s Council which causes serious damage to the interests of the People and propose the provincial-level People’s Council to approve such dissolution before implementation;

i/ To remove from office its deputies and approve their resignation.

2. Tasks and powers of the People’s Council of a rural district in the fields of economics, natural resources and environment:

a/ To adopt medium-term and annual socio-economic development plans and land use master plans and plans of the rural district before submitting them to the provincial-level People’s Committee for approval;

b/ To decide on state budget revenue estimates of the district; to local budget revenue and expenditure estimates and allocation of budget estimates of the rural district; to adjust local budget estimates in case of necessity; to approve the final accounts of the local budget. To decide on policies on investment in programs and projects of the rural district in accordance with law;

c/ To decide on development master plans and plans of sectors and fields in the rural district within its delegated powers;

d/ To decide on measures to manage and use land, forests, mountains, rivers, lakes, water resources, underground resources, resources in the sea and other resources; and measures to protect and improve the environment and prevent, control, and remedy the consequences of, natural disasters, storms, floods and inundations in the district in accordance with law.

3. To decide on measures to develop preschool, primary and lower secondary education systems; measures to develop culture, information, physical training and sports; measures to protect and care for the people’s health, prevent and control epidemics and implement population and family planning policies; and measures to develop employment, implement policies toward people with meritorious services to the revolution, social protection and hunger eradication and poverty reduction policies; and measures to ensure the implementation of ethnic minorities and religion policies in the rural district in accordance with law.

4. To supervise the observance of the Constitution and law in the district, the implementation of its resolutions; to oversee the operation of its standing body, the People’s Committee, People’s Court and People’s Procuracy of the same level, and its Boards; to oversee legal documents of the People’s Committee of the same level and documents of commune-level People’s Councils.

5. To perform other tasks and exercise other powers in accordance with law.

Article 27. Organizational structure of the People’s Council of a rural district

1. The People’s Committee of a rural district shall be composed of the chairperson, vice chairpersons and members.

The People’s Committee of a grade-I rural district must have 3 vice chairpersons at most; and of a grade-II or grade-III rural district, 2 vice chairpersons at most.

Members of the People’s Committee of a rural district comprise heads of specialized agencies of the People’s Committee of the rural district, a member in charge of military affairs and a member in charge of public security affairs.

2. Specialized agencies of the People’s Committees of a rural district comprise divisions and equivalent agencies.

Article 28. Tasks and powers of the People’s Committee of a rural district

1. To develop, and submit to the People’s Council of the rural district for decision, the contents prescribed at Points a, b, c and g, Clause 1, Clause 2 and Clause 3, Article 26 of this Law and organize the implementation of resolutions of the People’s Council of the rural district.

2. To provide the organizational apparatuses and specific tasks and powers of its specialized agencies.

3. To organize the execution of the district budget; to perform the tasks of socio-economic, industrial, construction, trade, service, tourism, agriculture, forestry, fisheries and transport and irrigation network development and construction of rural residential points; to manage and use land, forests, mountains, rivers, lakes, water resources, mineral resources, resources in the sea and other natural resources; to protect the environment in the rural district in accordance with law.

4. To perform the tasks of organizing and ensuring the implementation of the Constitution and law and building local administration and administrative boundaries, education, training, science and technology, culture, information, physical training and sports, health, labor, social policies, ethnic minorities, religion, national defense, security, social order and safety, judicial administration, judicial assistance, and other tasks and powers in accordance with law.

5. To perform the tasks and exercise the powers decentralized or authorized by superior state agencies.

6. To decentralize and authorize commune-level People’s Committees and other agencies and organizations to perform its tasks and exercise its powers.

Article 29. Tasks and powers of the chairperson of the People’s Committee of a rural district

The chairperson of the People’s Committee of a rural district is the head of the People’s Committee of the rural district, having the following tasks and powers:

1. To lead and administer work of the People’s Committee of the rural district and its members; to lead and direct specialized agencies of the People’s Committee of the rural district.

2. To approve the results of election, relief from duty or removal from office of chairpersons and vice chairpersons of commune-level People’s Committees; to transfer, suspend or dismiss chairpersons and vice chairpersons of commune-level People’s Committees; to  empower the acting as commune-level People’s Committee chairperson in case of vacancy of this post in the interval of two sessions of the commune-level People’s Council; to appoint, relieve from duty, transfer, dismiss, commend and discipline cadres, civil servants and public employees under his/her management in accordance with law.

3. To lead and direct the performance of the tasks of implementing the Constitution, law and documents of superior state agencies and of the People’s Council and People’s Committee of the rural district; ensuring national defense, security and social order and safety; protecting assets of agencies and organizations and safeguarding the life, freedom, honor, property, and other lawful rights and interests of citizens; to implement measures to manage residents in the rural district.

4. To direct and be held responsible for the operation of the state administration system from the district to grassroots levels, ensuring unity and smoothness of the administration system; to direct administrative reform, civil service and civil servant reform in the local state administrative system.

5. To suspend the implementation of or annul illegal documents of specialized agencies of the People’s Committee of the rural district and of commune-level People’s Committees and their chairpersons. To suspend the implementation of illegal documents of commune-level People’s Councils and report them to the People’s Committee of the rural district for proposing the People’s Council of the rural district to annul these documents.

6. To direct commune-level People’s Committee chairpersons; to authorize vice chairpersons, or heads of specialized agencies, of the People’s Committee of the rural district to perform the tasks and exercise the powers within his/her competence.

7. To manage and organize the effective use of assigned working offices, assets, equipment and state budgets in the district in accordance with law.

8. To organize the inspection, examination, settlement of complaints and denunciations, handling of violation and receipt of citizens in accordance with law.

9. To direct the implementation of measures to protect the environment, prevent and fight against fire and explosion, direct and apply measures to settle unexpected and urgent affairs in prevention and control of natural disasters and epidemics and assurance of security and social order and safety in the rural district in accordance with law.

10. To perform the tasks and exercise the powers decentralized or authorized by superior state agencies.

Section 3

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE COMMUNE ADMINISTRATION

Article 30. Commune administration

The commune administration is the local administration which comprises a communal People’s Council and a communal People’s Committee.

Article 31. Tasks and powers of the commune administration

1. To organize and ensure the implementation of the Constitution and law in the commune.

2. To decide on affairs of the commune as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform the tasks and exercise the powers authorized by superior state administrative agencies.

4. To be held responsible before the district-level local administration for the results of performance of its tasks and exercise of its powers.

5. To decide on and organize the implementation of measures to promote the People’s mastery, mobilize social resources for socio-economic construction and development and national security and defense assurance in the commune.

Article 32. Organizational structure of the communal People’s Council 

1. The communal People’s Council shall be composed of People’s Council deputies who are elected by voters in the commune.

The total number of communal People’s Council deputies shall be determined according to the following principles:

a/ A mountainous, highland or island commune with a population of 1,000 or fewer may elect 15 deputies;

b/ A mountainous, highland or island commune with a population of between over 1,000 and 2,000 may elect 20 deputies;

c/ A mountainous, highland or island commune with a population of between over 2,000 and 3,000 may elect 25 deputies; the one with a population of over 3,000 may elect additionally one deputy for every 1,000 people but must have 35 deputies at most;

d/ A commune other than those prescribed at Points a, b and c, of this Clause with a population of 4,000 or fewer may elect 25 deputies; the one with a population of over 4,000 may elect additionally one deputy for every  2,000 people but must have 35 deputies at most.

2. The standing body of the communal People’s Council shall be composed of the chairperson and the vice chairperson of the communal People’s Council. The vice chairperson of the communal People’s Council must be a full-time People’s Council deputy.

3. The communal People’s Council shall establish the Legal Board and Economic and Social Board. A board of the communal People’s Council shall be composed of the head, the deputy head and members. The communal People’s Council shall decide on the number of members of its boards. Heads, deputy heads and members of boards of the communal People’s Council shall work on a part-time basis.

Article 33. Tasks and powers of the communal People’s Council

1. To issue resolutions on affairs within its tasks and powers.

2. To decide on measures to ensure social order and safety, prevent, fight against and control crimes and other illegal acts, and prevent and control bureaucracy and corruption within its delegated powers; measures to protect assets of agencies and organizations, and safeguard the life, freedom, honor, dignity, assets and other lawful rights and interests of citizens in the commune.

3. To elect, relieve from duty and remove from office chairpersons and vice chairpersons of the communal People’s Council and heads and deputy heads of Boards of the communal People’s Council; to elect, relieve from duty and remove from office chairpersons, vice chairpersons and members of the communal People’s Committee.

4. To decide on state budget revenue estimates of the commune; communal budget revenue and expenditure estimates; to adjust communal budget estimates in case of necessity; to approve the final accounts of the communal budget. To decide on policies on investment in programs and projects of the commune within its delegated powers.

5. To supervise the observance of the Constitution and law in the locality and the implementation of its resolutions; to oversee operations of its standing body, the People’s Committee of the same level, and its Boards; to oversee legal documents of the People’s Committee of the same level.

6. To collect votes of confidence and cast votes of confidence on holders of positions elected by the communal People’s Council in accordance with Articles 88 and 89 of this Law.

7. To remove from office communal People’s Council deputies and approve their resignation.

8. To partially or wholly annul unlawful documents of the communal People’s Committee and its chairpersons.

Article 34. Organizational structure of the communal People’s Committee

The communal People’s Committee shall be composed of the chairperson and vice chairperson and a member in charge of military affairs and a member in charge of public security affairs.

A grade-I communal People’s Committee must have 2 vice chairpersons at most; a grade-II or grade-III communal People’s Committee must have one vice chairperson.

Article 35. Tasks and powers of the communal People’s Committee

1. To develop, and submit to the communal People’s Council for decision, the contents prescribed in Clauses 1, 2 and 4, Article 33 of this Law and organize the implementation of resolutions of the communal People’s Council.

2. To organize the execution of local budgets.

3. To perform the tasks and exercise the powers decentralized or authorized by superior state agencies.

Article 36. Tasks and powers of the communal People’s Committee chairperson

The chairperson of the communal People’s Committee is the head of the communal People’s Committee, having the following tasks and powers:

1. To lead and administer work of the communal People’s Committee and its members.

2. To lead and direct the performance of the tasks of organizing and ensuring the implementation of the Constitution, law and documents of superior state agencies and of the communal People’s Council and People’s Committee; to perform the tasks of national defense, public security, assurance of social order and safety, fight against, prevention and control of crimes and other illegal acts and prevention and control of corruption and bureaucracy; to implement measures to protect assets of agencies and organizations and safeguard the lives, freedom, honor, property, and other lawful rights and interests of citizens; to implement measures to manage residents in the commune in accordance with law.

3. To manage and organize the effective use of assigned working offices, assets, equipment and state budgets in accordance with law.

4. To settle complaints and denunciation, handle violations of law and receive citizens in accordance with law.

5. To authorize vice chairpersons of the communal People’s Committee to perform the tasks and exercise the powers within his/her competence.

6. To direct the implementation of measures to protect the environment, prevent and fight against fire and explosion and apply measures to settle unexpected and urgent affairs in prevention and control of natural disasters and epidemics and assurance of security and social order and safety in the commune in accordance with law.

7. To perform the tasks and exercise the powers decentralized or authorized by superior state agencies.

Chapter III

LOCAL ADMINISTRATIONS IN URBAN AREAS

Section 1

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE  ADMINISTRATION OF A CENTRALLY RUN CITY

Article 37. Administration of a centrally run city

The administration of a centrally run city is the local administration which comprises the People’s Council and the People’s Committee of a centrally run city.

Article 38. Tasks and powers of the administration of a centrally run city

1. To organize and ensure the implementation of the Constitution and law in the centrally run city.

2. To decide on affairs of the centrally run city as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform the tasks and exercise the powers authorized by central state administrative agencies.

4. To inspect and supervise the organization and operation of local administrations in administrative units in the locality.

5. To be held responsible before superior state agencies for the results of performance of its tasks and exercise of its powers.

6. To coordinate with central state agencies and localities in promoting regional economic alignment and implementing regional master plans so as to ensure unity of the national economy.

7. To decide on and organize the implementation of measures to promote the People’s mastery, mobilize social resources for socio-economic construction and development and national security and defense assurance in the centrally run city.

Article 39. Organizational structure of the People’s Council of a centrally run city

1. The People’s Council of a centrally run city shall be composed of People’s Council deputies who are elected by voters in the centrally run city.

The total number of deputies of the People’s Council of a centrally run city shall be determined according to the following principles:

a/ A centrally run city with a population of one million or fewer may elect 50 deputies; the one with a population of over one million may elect additionally one deputy for every 50,000 people but must have 95 deputies at most;

b/ Hanoi and Ho Chi Minh City may elect 105 deputies.

2. The standing body of the People’s Council of a centrally run city shall be composed of the chairperson and two vice chairpersons of the People’s Council, and members of the People’s Council who are heads of boards of the People’s Council and the Chief of the Office of the People’s Council of the centrally run city. The chairperson of the People’s Council of the centrally run city may be a part-time People’s Council deputy, vice chairpersons of the People’s Council of the centrally run city must be full-time People’s Council deputies.

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

A board of the People’s Council of a centrally run city shall be composed of the head, two deputy heads at most and members. The People’s Council of the centrally run city shall decide on the number of members of its boards. Heads of boards of the People’s Council of the centrally run city may be part-time People’s Council deputies; deputy heads of boards of the People’s Council of the centrally run city must be full-time People’s Council deputies.

4. Deputies of the People’s Council of a centrally run city elected in one or more than one constituency shall form groups of People’s Council deputies. The numbers of groups of People’s Council deputies, heads and deputy heads of these groups shall be decided by the standing body of the People’s Council of the centrally run city.

Article 40. Tasks and powers of the People’s Council of a centrally run city

1. To perform the tasks and exercise the powers specified in Article 19 of this Law.

2. To decide on land use master plans and plans of the centrally run city, including land use master plans and plans of its attached urban districts and wards.

3. To decide on urban construction and development master plans within its delegated powers.

4. To decide on measures to promote the role of a major city as the socio-economic hub in the relationship with other localities in the area, region and the whole country in accordance with law.

5. To decide on measures to manage residents of the city and organize the lives of urban residents; to adjust residents according to planning, ensuring lawful rights and interests of the People.

Article 41. Organizational structure of the People’s Committee of a centrally run city

1. The People’s Committee of a centrally run city shall be composed of the chairperson, vice chairpersons and members.

The People’s Committee of Hanoi or Ho Chi Minh City must have 5 vice chairpersons at most; another centrally run city must have 4 People’s Committee vice chairpersons at most.

Members of the People’s Committee of a centrally run city include heads of specialized agencies of the People’s Committee of the centrally run city, a member in charge of military affairs and a member in charge of public security affairs.

2. Specialized agencies of the People’s Committee of a centrally run city include provincial-level departments and equivalent agencies.

Article 42. Tasks and powers of the People’s Committee of a centrally run city

1. To perform the tasks and exercise the powers specified in Article 21 of this Law.

2. To develop, submit to the People’s Council of the centrally run city for decision, and organize the implementation of, the contents specified in Clauses 2, 3, 4 and 5, Article 40 of this Law.

3. To implement policies and measures to create financial sources and raise funds for urban development; to build and uniformly manage urban infrastructure works in accordance with law.

4. To decide on measures to encourage the development of urban infrastructure works in the city.

Article 43. Tasks and powers of the chairperson of the People’s Council of a centrally run city

1. To perform the tasks and exercise the powers specified in Article 22 of this Law.

2. To direct and organize the implementation of plans on construction of urban infrastructure works in the centrally run city.

3. To manage the urban land fund and the use of the urban land fund for construction of urban infrastructure works in accordance with law.

4. To manage urban housing; to manage real estate business; to use the city’s state-owned houses for urban housing development; to direct the observance of law in the construction of urban housing and construction works.

5. To direct the arrangement of urban trade, service and tourism networks.

6. To adopt plans and measures to create jobs; to prevent and combat social evils in urban areas.

7. To direct and organize the implementation of measures to manage residents and organize the lives of urban residents.

8. To implement measures to manage and protect urban air, architecture and landscape; to organize and direct the performance of tasks of ensuring public order and traffic safety and controlling traffic congestion.

Section 2

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE URBAN DISTRICT ADMINISTRATION

Article 44. Urban district administration

The urban district administration is the local administration which comprises the People’s Council and People’s Committee of an urban district.

Article 45. Tasks and powers of the urban district administration

1. To organize and ensure the implementation of the Constitution and law in the urban district.

2. To decide on affairs of the urban district as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform tasks and exercise powers authorized by superior administrative state agencies.

4. To examine and supervise the organization and operation of the ward administrations.

5. To take responsibility before the administration of the centrally run city for the results of performance of its tasks and powers.

6. To decide on and organize the implementation of measures to promote the People’s mastery, to mobilize social resources for socio-economic construction and development, to maintain national defense and security in the urban district.

Article 46. Organizational structure of the People’s Council of an urban district

1. The People’s Council of an urban district shall be composed of People’s Council deputies elected by voters in the urban district.

The total number of deputies of the People’s Council of an urban district shall be determined according to the following principles:

a/ An urban district with a population of 80,000 or fewer may elect 30 deputies; an urban district with a population of over 80,000 may additionally elect one deputy for every 10,000 people but must have 40 deputies at most;

b/ The number of deputies of the People’s Council of an urban district having 30 or more wards shall be decided by the National Assembly Standing Committee at the proposal of the standing body of the People’s Council of the centrally run city, which, however, must not exceed 45.

2. The standing body of the People’s Council of an urban district shall be composed of the chairperson and two vice chairpersons of the People’s Council and members being heads of Boards of the People’s Council of the urban district. The chairperson of the People’s Council of the urban district may be a full-time People’s Council deputy; vice chairpersons of the People’s Council of the urban district must be full-time People’s Council deputies.

3. The People’s Council of an urban district shall establish the Legal Board and Socio-Economic Board. A board of the People’s Council of an urban district shall be composed of the head, the deputy head and members. The People’s Council of an urban district shall decide on the number of members of its boards. The head of a board of the People’s Council of an urban district may be a full-time People’s Council deputy. The deputy head of a board of the People’s Council of an urban district must be a full-time People’s Council deputy.

4. Deputies of the People’s Council of an urban district elected in one or more than one constituency shall form groups of People’s Council deputies. The standing body of the People’s Council of an urban district shall decide on the number and heads and deputy heads of groups of People’s Council deputies.

Article 47. Tasks and powers of the People’s Council of an urban district

1. To issue resolutions on affairs within its tasks and powers.

2. To elect, relieve of duty and remove from office the chairperson and vice chairpersons, and heads and deputy heads of boards, of the People’s Council of the urban district; to elect, relieve of duty and remove from office the chairperson, vice chairpersons and members of the People’s Committee of the urban district; to elect, relieve of duty and remove from office assessors of the urban district People’s Court.

3. To adopt the urban district’s medium-term and annual socio-economic development plans before submitting them to the People’s Committee of the centrally run city for approval.

4. To decide on state budget revenue estimates in the locality; local budget revenue and expenditure estimates and urban district budget estimate allocation; to adjust local budget estimates when necessary; to approve final accounts of local budgets; to decide on investment policies for programs and projects in the urban district as decentralized.

5. To decide on measures to perform tasks decentralized by superior state agencies; to decide to decentralize the performance of the urban district administration’s tasks and powers to subordinate local administrations and state agencies.

6. To decide to establish and abolish specialized agencies of the People’s Committee of the urban district.

7. To supervise the observance of the Constitution and law in the locality, the implementation of resolutions of the People’s Council of the urban district; to supervise activities of the standing body of the People’s Council, People’s Committee, People’s Court and People’s Procuracy of the same level, and its boards; to oversee legal documents of the People’s Committee of the same level and ward People’s Councils.

8. To collect votes of confidence and cast votes of confidence on holders of posts elected by the People’s Council of the urban district in accordance with Articles 88 and 89 of this Law.

9. To partially or wholly annul unlawful documents of the People’s Committee of the urban district and its chairperson; to partially or wholly annul unlawful documents of ward People’s Councils.

10. To dissolve a ward People’s Council which causes serious damage to people’s interests and propose the People’s Council of the centrally run city to approve such dissolution.

11. To remove from office deputies of the People’s Council of the urban district and approve resignation of deputies of the People’s Council of the urban district.

Article 48. Organizational structure of the People’s Committee of an urban district

1. The People’s Committee of an urban district shall be composed of the chairperson, vice chairpersons and members.

The People’s Committee of a grade-I urban district must have 3 vice chairpersons at most; and of a grade-II or -III urban district, 2 vice chairpersons at most.

Members of the People’s Committee of an urban district are heads of specialized agencies of the People’s Committee of the urban district, a member in charge of military affairs and a member in charge of public security affairs.

2.  Specialized agencies of the People’s Committee of an urban district may have divisions and equivalent agencies.

Article 49. Tasks and powers of the People’s Committee of an urban district

1. To develop and propose the People’s Council of the urban district to decide on the contents prescribed in Clauses 1, 3, 4, 5 and 6, Article 47 of this Law and organize the implementation of resolutions of the People’s Council of the urban district.

2. To define the organizational apparatus and specific tasks and powers of its specialized agencies.

3. To perform tasks related to the organization and guarantee of implementation of the Constitution and law, administration building and administrative boundaries, education, training, science, technology, culture, information, physical training, sports, health, labor, social policies, ethnic people, religion, national defense, security, social order and safety, judicial administration and judicial support, and other tasks and powers as prescribed by law.

4. To perform tasks and exercise powers as decentralized or authorized by superior state agencies.

5. To decentralize and authorize ward People’s Committees and other agencies and organizations to perform its tasks and exercise its powers.

Article 50. Tasks and powers of the chairperson of the People’s Committee of an urban district

1. To perform the tasks and exercise the powers prescribed in Article 29 of this Law.

2. To direct and organize the implementation of master plans on urban infrastructure, construction, transport, space, architecture and landscape; to manage residents in the urban district as decentralized or authorized by superior state agencies.

Section 3

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE ADMINISTRATION OF A TOWN, PROVINCIAL CITY OR CITY OF A CENTRALLY RUN CITY

Article 51. Administration of a town, provincial city or city of a centrally run city

The administration of a town, provincial city or city of a centrally run city is the local administration which comprises the People’s Council and People Committee of the town, provincial city or city of a centrally run city.

Article 52. Tasks and powers of the administration of a town, provincial city or city of a centrally run city

1. To organize and ensure the implementation of the Constitution and law in the town, provincial city or city of the centrally run city.

2. To decide on affairs of the town, provincial city or city of the centrally run city as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform tasks and exercise powers authorized by superior administrative state agencies.

4. To examine and supervise the organization and operation of commune-level administrations.

5. To take responsibility before the provincial-level administration for the results of performance of its tasks and powers.

6. To decide on and organize the implementation of measures to promote the People’s mastery, to mobilize social resources for socio-economic construction and development, to maintain national defense and security in the town, provincial city or city of the centrally run city.

Article 53. Organizational structure of the People’s Council of a town, provincial city or a city of a centrally run city

1. The People’s Council of a town, provincial city or city of a centrally run city shall be composed of People’s Council deputies elected by voters in the town or provincial city or city of the centrally run city.

The total number of deputies of the People’s Council of a town, provincial city or city of a centrally run city shall be determined according to the following principles:

a/ A town with a population of 70,000 or fewer may elect 30 deputies; a town with a population of over 70,000 may additionally elect one deputy for every 10,000 people but must have 40 deputies at most;

b/ A provincial city or a city of a centrally run city with a population of 100,000 or fewer may elect 30 deputies; a provincial city or a city of a centrally run city with a population of over 100,000 may additionally elect one deputy for every 10,000 people but must have 40 deputies at most;

c/ The number of People’s Council deputies of a town or provincial city or city of a centrally run city having 30 or more commune-level administrative units shall be decided by the National Assembly Standing Committee at the proposal of the standing body of the provincial-level People’s Council which, however, must not exceed 45.

2. The standing body of the People’s Council of a town, provincial city or city of a centrally run city shall be composed of the chairperson and two vice chairpersons of the People’s Council and members being heads of boards of the People’s Council. The chairperson of the People’s Council of a town, provincial city or city of a centrally run city may be a full-time People’s Council deputy; vice chairpersons of the People’s Council of a town, provincial city or city of a centrally run city must be full-time People’s Council deputies.

3. The People’s Council of a town, provincial city or city of a centrally run city shall establish the Legal Board and Socio-Economic Board, and the Board for Ethnic Minorities Affairs, for a town or provincial city having many ethnic minority people. The National Assembly Standing Committee shall stipulate criteria and conditions for establishment of the Board for Ethnic Minorities Affairs prescribed in this Clause.

 A board of the People’s Council of a town, provincial city or city of a centrally run city shall be composed of the head, deputy head and members. The People’s Council of a town, provincial city or city of a centrally run city shall decide on the number of members of its boards. The head of a board of the People’s Council of a town, provincial city or city of a centrally run city may be a full-time People’s Council deputy. The deputy head of a board of the People’s Council of a town, provincial city or city of a centrally run city must be a full-time People’s Council deputy.

4. People’s Council deputies elected in one or more than one constituency shall form groups of People’s Council deputies. The standing body of the People’s Council of a town, provincial city or city of a centrally run city shall decide on the number and heads and deputy heads of groups of People’s Council deputies.

Article 54. Tasks and powers of the People’s Council of a town, provincial city or city of a centrally run city

1. To perform the tasks and exercise the powers prescribed in Article 26 of this Law.

2. To decide on urban construction and development planning on the basis of the master plan of the province or centrally run city for submission to competent state agencies for consideration and approval; to decide on investment projects on urban works in the locality in accordance with law.

3. To decide on mechanisms and policies to attract investment in urban development and urban infrastructure and transport construction programs and plans in accordance with law.

4. To decide on measures to manage and organize life for residents and ensure public order and urban landscape in the locality.

Article 55. Organizational structure of the People’s Committee of a town, provincial or city of a centrally run city

1. The People’s Committee of a town, provincial or city of a centrally run city shall be composed of the chairperson, vice chairpersons and members.

The People’s Committee of a grade-I town, provincial city or city of a centrally run city must have 3 vice chairpersons at most; and of a grade-II or -III town, provincial city or city of a centrally run city, 2 vice chairpersons at most.

Members of the People’s Committee of a town, provincial city or city of a centrally run city comprise heads of specialized agencies of the People’s Committee of the town, provincial city or city of the centrally run city, a member in charge of military affairs and a member in charge of public security affairs.

2.  Specialized agencies of the People’s Committee of a town, provincial city or city of a centrally run city may have divisions and equivalent agencies.

Article 56. Tasks and powers of the People’s Committee of a town, provincial city or city of a centrally run city

1. To perform the tasks and exercise the powers prescribed in Article 28 of this Law.

2. To develop and propose the People’s Council of the town or provincial city or city of the centrally run city to decide on the contents prescribed in Clauses 2, 3 and 4, Article 54 of this Law and organize the implementation of resolutions of the People’s Council of the town or provincial city or city of the centrally run city.

3. To decide on incentive mechanisms for development of urban infrastructure works in the locality in accordance with law.

4. To decide on urban infrastructure work construction plans and urban development master plans in accordance with law.

Article 57. Tasks and powers of the chairperson of the People’s Committee of a town, provincial city or city of a centrally run city

1. To perform the tasks and exercise the powers prescribed in Article 29 of this Law.

2. To direct and organize the implementation of urban infrastructure development master plans and plans; to manage urban space, architecture and landscape in the locality.

3. To manage the urban land fund and the use of this fund for construction of urban infrastructure facilities; to manage urban housing and housing business; to use the fund of state-owned housing for urban housing development; to direct the examination of law observance in housing construction in urban areas.

4. To direct the arrangement of urban trade, service and tourism networks; to take measures to manage and organize life for urban residents.

5. To direct and organize the performance of the tasks of ensuring public order and traffic safety; and preventing and controlling fires, explosions and traffic jams in the locality.

Section 4

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE WARD ADMINISTRATION

Article 58. Ward administration

The ward administration is the local administration which comprises a ward People’s Council and a ward People’s Committee.

Article 59. Tasks and powers of the ward administration

1. To organize and ensure the implementation of the Constitution and law in the ward.

2. To decide on affairs of the ward as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform tasks and exercise powers authorized by superior administrative state agencies.

4. To take responsibility before the administration of the urban district, town, provincial city or city of the centrally run city for the results of performance of its tasks and powers.

5. To decide on and organize the implementation of measures to promote the People’s mastery, to mobilize social resources for socio-economic construction and development, to maintain national defense and security in the ward.

Article 60. Organizational structure of the ward People’s Council

1. The ward People’s Council shall be composed of People’s Council deputies elected by voters in the ward.

The total number of ward People’s Council deputies shall be determined according to the following principles:

a/ A ward with a population of 8,000 or fewer may elect 25 deputies;

b/ A ward with a population of over 8,000 may additionally elect one deputy for every 4,000 people but must have 35 deputies at most.

2. The standing body of the ward People’s Council shall be composed of the chairperson and two vice chairpersons of the ward People’s Council. Vice chairpersons of the ward People’s Council must be full-time People’s Council deputies.

3. The ward People’s Council shall establish the Legal Board and Socio-Economic Board. A board of the Ward People’s Council shall be composed of the head, the deputy head and members. The ward People’s Council shall decide on the number of members of its boards. Heads, deputy heads and members of boards of the ward People’s Council shall work on a part-time basis.

Article 61. Tasks and powers of the ward People’s Council

1. To issue resolutions on affairs within its tasks and powers.

2. To elect, relieve of duty and remove from office its chairperson and vice chairpersons and heads and deputy heads of its boards; to elect, relieve of duty and remove from office the chairperson, vice chairpersons and members of the Ward People’s Committee.

3. To decide on state budget revenue estimates of the locality; budget revenue and expenditure estimates of the ward; to adjust local budget estimates when necessary; to approve the ward’s budget final accounts; to decide on investment policy for programs and projects in the ward in accordance with law.

4. To supervise the observance of the Constitution and law in the locality and the implementation of its resolutions; to supervise activities of the standing body of the People’s Council and the People’s Committee of the same level, and its boards; to oversee legal documents of the People’s Committee of the same level.

5. To collect votes of confidence and cast votes of confidence on holders of posts elected by the ward People’s Council in accordance with Articles 88 and 89 of this Law.

6. To remove from office ward People’s Council deputies and approve resignations of ward People’s Council deputies.

7. To partially or wholly annul unlawful documents of the ward People’s Committee and its chairperson.

Article 62. Organizational structure of the ward People’s Committee

The ward People’s Committee shall be composed of the chairperson, vice chairpersons, member in charge of military affairs and member in charge of public security affairs.

The People’s Committee of a grade-I ward must have 2 vice chairpersons at most; and of a grade-II or -III ward, 1 vice chairperson.

Article 63. Tasks and powers of the ward People’s Committee

1. To develop and propose the ward People’s Council to decide on the contents prescribed in Clauses 1 and 3, Article 61 of this Law and organize the implementation of resolutions of the ward People’s Council.

2. To organize the implementation of local budgets.

3. To perform tasks and exercise powers as decentralized or authorized by superior state agencies.

Article 64. Tasks and powers of the ward People’s Committee chairperson

1. To perform the tasks and exercise the powers prescribed in Article 36 of this Law.

2. To coordinate with competent agencies and organizations in implementing development master plans on urban infrastructure, construction and transport, fire and explosion prevention and control, environmental protection, urban space, architecture and landscape in the ward.

3. To manage residents in the ward in accordance with law.

Section 5

TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE TOWNSHIP ADMINISTRATION

Article 65. Township administration

The township administration is the local administration which comprises a township People’s Council and a township People’s Committee.

Article 66. Tasks and powers of the township administration

1. To organize and ensure the implementation of the Constitution and law in the township.

2. To decide on affairs of the township as empowered and decentralized in accordance with this Law and other relevant laws.

3. To perform tasks and exercise powers authorized by superior administrative state agencies.

4. To take responsibility before the rural district administration for the results of performance of its tasks and powers.

5. To decide on and organize the implementation of measures to promote the People’s mastery, to mobilize social resources for socio-economic construction and development, to maintain national defense and security in the township.

Article 67. Organizational structure of the township People’s Council

1. The township People’s Council shall be composed of People’s Council deputies elected by voters in the township.

The total number of township People’s Council deputies shall be determined according to Clause 1, Article 32 of this Law.

2. The standing body of the township People’s Council shall be composed of the chairperson and vice chairperson of the township People’s Council. The vice chairperson of the township People’s Council must be a full-time People’s Council deputy.

3. The township People’s Council shall establish the Legal Board and Socio-Economic Board. A board of the township People’s Council shall be composed of the head, the deputy head and members. The township People’s Council shall decide on the number of members of its boards. Heads, deputy heads and members of boards of the township People’s Council shall work on a part-time basis.

Article 68. Tasks and powers of the township People’s Council

1. To issue resolutions on affairs within its tasks and powers.

2. To elect, relieve of duty and remove from office its chairperson and vice chairperson, and heads and deputy heads of its boards; to elect, relieve of duty and remove from office the chairperson, vice chairpersons and members of the township People’s Committee.

3. To decide on state budget revenue estimates of the locality; budget revenue and expenditure estimates of the township; to adjust local budget estimates when necessary; to approve the township’s budget final accounts; to decide on investment policies for programs and projects in the locality in accordance with law.

4. To supervise the observance of the Constitution and law in the locality and the implementation of its resolutions; to supervise activities of the standing body of the People’s Council and the People’s Committee of the same level, and its boards; to oversee legal documents of the People’s Committee of the same level.

5. To collect votes of confidence and cast votes of confidence on holders of posts elected by the township People’s Council in accordance with Articles 88 and 89 of this Law.

6. To remove from office township People’s Council deputies and approve resignations of township People’s Council deputies.

7. To partially or wholly annul unlawful documents of the township People’s Committee and its chairperson.

Article 69. Organizational structure of the township People’s Committee

The township People’s Committee shall be composed of the chairperson, vice chairpersons, a member in charge of military affairs and a member in charge of public security affairs.

The People’s Committee of a grade-I township must have 2 vice chairpersons at most; and of a grade-II or -III township, 1 vice chairperson.

Article 70. Tasks and powers of the township People’s Committee

1. To develop and propose the township People’s Council to decide on the contents prescribed in Clauses 1 and 3, Article 68 of this Law and organize the implementation of resolutions of the township People’s Council.

2. To organize the implementation of local budgets.

3. To perform tasks and exercise powers as decentralized or authorized by superior state agencies.

Article 71. Tasks and powers of the township People’s Committee chairperson

1. To perform the tasks and exercise the powers prescribed in Article 36 of this Law.

2. To coordinate with competent agencies and organizations in implementing development master plans on urban infrastructure, construction and transport, fire and explosion prevention and control, environmental protection, urban space, architecture and landscape in the township.

3. To manage residents in the township in accordance with law.

Chapter IV

ADMINISTRATION OF ISLANDS

Article 72. Administration of islands

1. Depending on geographical and population conditions and requirements for socio-economic development and national defense and security maintenance, islands and archipelagos may be organized as administrative units prescribed in Clauses 2 and 3, Article 2 of this Law.

The organization of special economic-administrative units on islands must comply with Chapter V of this Law.

2. District-level administrative units on islands shall organize the local administration comprising a People’s Council and a People’s Committee. In case a district-level administrative unit is divided into commune-level administrative units, the commune-level administrative unit shall organize the local administration comprising a People’s Council and a People’s Committee.

3. The organizational structure of agencies of the administration on islands must be the same as that of agencies of the local administration of corresponding administrative units prescribed in this Law.

Article 73. Tasks and powers of the administration of islands

1. The district-level administration on islands shall perform tasks and exercise powers corresponding to that of a rural district, urban district, town, provincial city or city of a centrally run city prescribed in Section 2, Chapter II, and Sections 2 and 3, Chapter III of this Law.

2. The commune-level administration on islands shall perform tasks and exercise powers corresponding to that of a commune, ward or township prescribed in Section 3, Chapter II, and Sections 4 and 5, Chapter III of this Law.

3. The specific definition of tasks and powers of the local administration in administrative units on islands under other legal documents must ensure increased autonomy and accountability of local state agencies, and flexibility and proactiveness in responding to unexpected events or circumstances in order to firmly protect national independence, sovereignty and integrity on sea areas and islands, promote advantages and potential of the marine economy, international economic integration and attract people to move to, and protect and develop, islands.

Chapter V

ADMINISTRATION OF THE SPECIAL ECONOMIC-ADMINISTRATIVE UNIT

Article 74. Special economic-administrative units

Special economic-administrative units shall be established under the National Assembly’s decision, are entitled to special socio-economic mechanisms and policies and have the local administration organized suitable to their socio-economic development characteristics, requirements and objectives.

Article 75. Organization of administrations of special economic-administrative units

1. The administration of a special economic-administrative unit must comprise a People’s Council and a People’s Committee. The principles of organization and mode of operation of the People’s Council and People’s Committee of a special economic-administrative unit must comply with this Law.

2. The numbers of People’s Council deputies and People’s Committee members, organizational structures and specific tasks and powers of the People’s Council and People’s Committee of a special economic-administrative unit shall be stipulated by the National Assembly when establishing that unit.

Article 76. Order and procedures for establishment of special economic-administrative units

1. The Government shall make a plan to establish a special economic-administrative unit and submit it to the National Assembly. This plan shall be commented by local people in accordance with Article 131 of this Law.

2. The Legal Committee of the National Assembly shall appraise the plan to establish a special economic-administrative unit submitted by the Government.

When necessary, the National Assembly shall establish an ad hoc committee to appraise the plan to establish a special economic-administrative unit.

3. The National Assembly Standing Committee shall consider and give its opinions on the plan to establish a special economic-administrative unit before submitting it to the National Assembly.

4. The National Assembly shall consider and pass the plan to establish a special economic-administrative unit according to the prescribed process at one or more than one National Assembly session.

Article 77. Dissolution of special economic-administrative units

1. The Government shall propose the National Assembly to dissolve a special economic-administrative unit.

The order and procedures to consider the dissolution of a special economic-administrative unit must comply with Article 76 of this Law.

2. When dissolving a special economic-administrative unit, the National Assembly shall decide on the establishment of administrative units on the basis of the administrative boundary and population of the dissolved special economic-administrative unit.

Chapter VI

ACTIVITIES OF THE LOCAL ADMINISTRATION

Section 1

ACTIVITIES OF THE PEOPLE’S COUNCIL

Article 78. People’s Council sessions

1. The People’s Council shall hold at least two sessions a year.

The People’s Council shall decide on the plan to hold regular sessions at its first session, for the first year of its term, and at the last session of the preceding year, for subsequent years of its term, at the proposal of its standing body.

2. The People’s Council shall hold an extraordinary session when so requested by its standing body, the chairperson of the People’s Committee of the same level, or at least one-third of the total number of People’s Council deputies.

3. Voters of a commune, ward or township have the right to make a written request for the People’s Council of that commune, ward or township to meet, discuss and decide on affairs of the commune, ward or township. When this request is signed by over 10% of the total number of voters of the commune, ward or township according to the list of voters for election of deputies of the commune-level People’s Council at the last election, the standing body of the commune-level People’s Council shall hold an extraordinary session of the People’s Council to discuss the contents requested by voters. Voters’ written request shall be considered valid when it contains the signature, full name, birth date and address of every signatory. Signatories of a written request may send a representative to attend the People’s Council session discussing the contents requested by voters.

4. The People’s Council shall hold its sessions in public. When necessary, at the request of its standing body, the chairperson of the People’s Committee of the same level or at least one-third of the total number of People’s Council deputies, the People’s Council shall decide to hold a closed session.

Article 79. Agendas of People’s Council sessions

1. On the basis of the resolution of the People’s Council and at the proposal of the People’s Committee chairperson, the Vietnam Fatherland Front Committee chairperson, the Chief Justice of the People’s Court, the Chief Procurator of the People’s Procuracy, and Boards and deputies of the People’s Council of the same level, the standing body of the People’s Council shall prepare the tentative agenda for a People’s Council session.

The standing body of the ongoing People’s Council shall prepare the agenda for the first session of the succeeding People’s Council. Boards of the ongoing People’s Council shall appraise contents of the tentative agenda of the first session of the succeeding People’s Council and report it to the standing body of the ongoing People’s Council for consideration at the first session of the succeeding People’s Council.

2. The People’s Council shall decide on the agenda of its session. When necessary, at the proposal of the People’s Committee chairperson, the Vietnam Fatherland Front Committee chairperson, the Chief Justice of the People’s Court, the Chief Procurator of the People’s Procuracy, and Boards and deputies of the People’s Council of the same level, the People’s Council shall decide to modify the approved agenda.

Article 80. Convening of People’s Council sessions

1. The first session of a newly elected People’s Council shall be convened within 45 days from the date of election of People’s Council deputies. For a locality which re-elects or by-elects People’s Council deputies or delays the election date, the time limit for convening the first session shall be counted from the date of re-election or by-election.

The first session of a People’s Council shall be convened by the chairperson of the preceding People’s Council. In case the post of chairperson of the People’s Council is vacant, a vice chairperson of the preceding People’s Council shall convene this session. In case both the posts of chairperson and vice chairperson of the People’s Council are vacant, the standing body of the immediate superior People’s Council shall appoint a person to convene the People’s Council session. For the provincial level, the National Assembly Standing Committee shall appoint a person to convene the People’s Council session.

2. During the term of the People’s Council, its standing body shall convene a regular or an extraordinary session at least 20 days or 7 days respectively before the date of opening the session. In case the standing body of the People’s Council is vacant, the standing body of the immediate superior People’s Council shall appoint a person to convene and chair the People’s Council session. For the provincial level, the National Assembly Standing Committee shall appoint such convener.

3. The tentative agenda of, and the decision to convene, a People’s Council session shall be sent to People’s Council deputies.

The decision to convene a People’s Council session and its tentative agenda shall be notified in the local mass media at least 10 days or 3 days before opening a regular or an extraordinary session respectively.

Article 81. Persons invited to People’s Council sessions

1. Representatives of the standing body of the immediate superior People’s Council and immediate superior People’s Committee, National Assembly deputies and deputies of the superior People’s Council elected in the locality shall be invited to People’s Council sessions. Representatives of the National Assembly Standing Committee and the Government shall be invited to provincial-level People’s Council sessions.

2. Members of the People’s Committee, the Chief Justice of the People’s Court and the Chief Procurator of the People’s Procuracy of the same level who are not People’s Council deputies shall be invited to People’s Council sessions; and shall attend plenary meetings of the People’s Council which discuss matters related to the sectors or fields under their charge. Persons invited to a People’s Council session may give opinions about matters related to the sectors or fields under their charge if so approved by the session chairperson and shall give opinions at the request of the People’s Council or the session chairperson.

3. Representatives of state agencies, political organizations, the Vietnam Fatherland Front Committee and socio-political organizations shall be invited to open sessions of the People’s Council which discuss relevant matters.

4. Representatives of people’s armed forces units, social organizations and economic organizations, international guests, press agencies and citizens may attend open sessions of the People’s Council.

Article 82. Responsibilities of the chairperson of the People’s Council session

The chairperson of the People’s Council shall open, close and chair a session of the People’s Council, ensuring the implementation of the session agenda and regulations on People’s Council sessions. Vice chairpersons of the People’s Council shall assist the chairperson in conducting the session as assigned by the latter.

At the first session of each People’s Council, the person convening the People’s Council session prescribed in Clause 1, Article 80 of this Law shall open and chair sessions of the People’s Council until the People’s Council elects the chairperson of the new People’s Council.

Article 83. Election of holders of posts of the People’s Council and People’s Committee

1. At the first session of each People’s Council, the People’s Council shall elect its chairperson among People’s Council deputies at the recommendation of the session chairperson.

During its term, the People’s Council shall elect its chairperson among People’s Council deputies at the recommendation of its standing body. In case its standing body is vacant, the People’s Council shall elect its chairperson among People’s Council deputies at the recommendation of the session chairperson appointed in accordance with Clause 2, Article 80 of this Law.

2. The People’s Council shall elect its vice chairpersons and heads and deputy heads of its Boards among People’s Council deputies at the recommendation of its chairperson. The provincial-level People’s Council shall elect the Chief of its Office among People’s Council deputies at the recommendation of its chairperson.

3. The People’s Council shall elect the People’s Committee chairperson at the recommendation of its chairperson. The People’s Committee chairperson elected at the first session of the People’s Council must be a People’s Council deputy. The People’s Committee chairperson elected during a term is not necessarily a People’s Council deputy.

4. The People’s Council shall elect vice chairpersons and members of the People’s Committee at the recommendation of the People’s Committee chairperson. Vice chairpersons and members of the People’s Committee are not necessarily People’s Council deputies.

5. The chairperson of the People’s Council or People’s Committee may not hold his/her post for more than two consecutive terms in the same administrative unit.

6. Results of election of the chairperson and vice chairpersons of the provincial-level People’s Council shall be approved by the National Assembly Standing Committee; results of election of the chairperson and vice chairpersons of the district-level People’s Council shall be approved by the standing body of the provincial-level People’s Council; results of election of the chairperson and vice chairpersons of the commune-level People’s Council shall be approved by the standing body of the district-level People’s Council.

7. Results of election of the chairperson and vice chairpersons of the provincial-level People’s Committee shall be approved by the Prime Minister; results of election of the chairperson and vice chairpersons of the district-level People’s Committee shall be approved by the provincial-level People’s Committee chairperson; results of election of the chairperson and vice chairpersons of the commune-level People’s Committee shall be approved by the district-level People’s Committee chairperson.

8. When the People’s Council elects holders of the posts prescribed in this Article, if a People’s Council deputy stands for election or recommends for election a person outside the list of candidates recommended by competent agencies or persons, the standing body of the People’s Council shall propose the People’s Council to consider and decide on such election. Particularly at the first session of the People’s Council, the session chairperson shall propose the People’s Council to consider and decide on such election.

9. Holders of the posts prescribed in Clauses 1, 2, 3 and 4 of this Article shall perform their tasks and exercise their powers immediately after being elected by the People’s Council.

10. Within 5 working days after electing the chairpersons and vice chairpersons of the People’s Council and People’s Committee, the People’s Council shall send election results to competent agencies or persons prescribed in Clauses 6 and 7 of this Article for approval. Within 10 working days after receiving election results, competent agencies or persons shall consider and approve them; in case of disapproval, they shall issue a written reply clearly stating the reason and request the People’s Council to re-elect holders of the posts who are not approved.

Article 84. Resignation, relief of duty, removal from office of holders of posts elected by the People’s Council

1. A person elected by the People’s Council who cannot perform his/her tasks for a health or another reason may apply for resignation.

A resignation application shall be sent to the agency or person competent to recommend the post holder to the People’s Council for election. This agency or person shall propose the People’s Council to relieve of duty the applicant for resignation at the nearest session of the People’s Council.

2. The People’s Council shall relieve of duty and remove from office its chairperson, vice chairpersons and head and deputy heads of its Boards at the proposal of its standing body.

3. The People’s Council shall relieve of duty and remove from office the People’s Committee chairperson at the proposal of the People’s Council chairperson; and relieve of duty and remove from office vice chairpersons and members of the People’s Committee at the proposal of the People’s Committee chairperson.

4. Results of relief of duty and removal from office of the chairpersons and vice chairpersons of the People’s Council and People’s Committee shall be approved according to Clauses 6, 7 and 10, Article 83 of this Law.

Article 85. Order of approval of draft resolutions, plans and reports at People’s Council sessions

1. A representative of the agency or organization submits the draft resolution, plan or report and explains it before the People’s Council.

2. A representative of the Board of the People’s Council assigned to appraise the draft resolution, plan or report presents the appraisal report.

3. The People’s Council discusses. Before discussion, the provincial- or district-level People’s Council may organize discussion at groups of People’s Council deputies.

4. During the discussion at the plenary meeting, the meeting chairperson may raise controversial issues for consideration and decision by the People’s Council. When necessary, the People’s Council shall request concerned agencies to explain issues of concern to People’s Council deputies.

5. The People’s Council votes to approve the draft resolution, plan or report matter by matter then all matters, or votes on all matters once.

Article 86. Issuance of resolutions, plans, reports and minutes of People’s Council sessions

1. A resolution of the People’s Council shall be signed for certification by its chairperson or the session chairperson.

2. The minutes of a People’s Council session shall be signed by its chairperson or the session chairperson.

3. Within 10 days after a People’s Council session closes, the standing body of the People’s Council shall send resolutions, plans, reports and minutes of this session to the standing body of the immediate superior People’s Council and the immediate superior People’s Committee; or to the National Assembly Standing Committee and the Government, if it is a provincial-level People’s Council.

4. Resolutions of the People’s Council shall be sent to concerned agencies and organizations for implementation. Resolutions of the People’s Council shall be published on the local Cong bao (Official Gazette) and in the local mass media, and posted up and kept in accordance with law.

Article 87. Oversight activities of the People’s Council

1. The People’s Council shall exercise its oversight right at its sessions and on the basis of oversight activities of the standing body, Boards, groups of deputies and deputies of the People’s Council.

2. The People’s Council shall decide on oversight contents proposed by its standing body on the basis of recommendations of its Boards, groups of deputies and individual deputies and the Vietnam Fatherland Front Committee of the same level, and opinions and petitions of local voters.

3. The People’s Council shall exercise its oversight right through the following activities:

a/ Considering work reports of its standing body, and the People’s Committee, People’s Court and People’s Procuracy of the same level;

b/ Considering reports of the People’s Committee of the same level on the implementation of the Constitution, legal documents of superior state agencies, and resolutions of the People’s Council of the same level;

c/ Considering documents of the People’s Committee of the same level which show signs of contravening the Constitution, legal documents of superior state agencies, or resolutions of the People’s Council of the same level;

d/ Considering answers of the chairperson, vice chairpersons and members of the People’s Committee, the Chief Justice of the People’s Court and Chief Procurator of the People’s Procuracy of the same level;

dd/ Forming a team to oversee certain matter when finding it necessary and considering oversight results of this team.

4. Based on oversight results, the People’s Council has the following rights:

a/ To request the People’s Committee of the same level or the Committee chairperson to issue documents to implement the Constitution, law and resolutions of the People’s Council;

b/ To partially or wholly annul documents of the People’s Committee of the same level or the Committee chairperson which contravene the Constitution, legal documents of superior state agencies, or resolutions of the People’s Council;

c/ To adopt resolutions on answers and responsibilities of questioned persons when finding it necessary;

d/ To relieve of duty or remove from office its chairperson and vice chairpersons, heads of its Boards, and the chairperson, vice chairperson and members of the People’s Committee.

Article 88. Collection of votes of confidence

1. The People’s Council shall collect votes of confidence on holders of the following posts:

a/ Chairperson and Vice Chairperson of the People’s Council, Head of Board of the People’s Council; Chief of the Office of the People’s Council, if it is a provincial-level People’s Council;

b/ Chairperson, Vice Chairperson and Member of the People’s Committee.

2. The time limit, time and order of collection of votes of confidence on concerned persons shall be stipulated by the National Assembly.

Article 89. Casting of votes of confidence

1. The People’s Council shall cast votes of confidence on holders of posts elected by the People’s Council.

2. The standing body of the People’s Council shall propose the People’s Council to cast votes of confidence in the following cases:

a/ At the request of at least one-third of the total number of People’s Council deputies;

b/ At the request of the Vietnam Fatherland Front Committee of the same level;

c/ Persons who receive votes of low confidence accounting for two-thirds or more of the total number of votes cast by People’s Council deputies.

3. A person who receives votes of no confidence accounting for more than half of the total number of votes cast by People’s Council deputies may apply for resignation. If this person fails to do so, the agency or person competent to recommend this post holder to the People’s Council for election shall propose the People’s Council to consider and decide on relief of duty of this person.

Article 90. Consideration of summary reports on opinions and petitions of local voters.

1. The People’s Council shall consider summary reports on opinions and petitions of local voters.

2. Concerned state agencies, organizations and units shall study, settle and reply to petitions of voters and report on their results to the People’s Council.

3. At the first session of each People’s Council, the Vietnam Fatherland Front Committee of the same level shall submit to the People’s Council a summary report on opinions and petitions of local voters in the election of People’s Council deputies.

At sessions after the first session, the standing body of the People’s Council shall coordinate with the Vietnam Fatherland Front Committee of the same level in submitting to the People’s Council summary reports on opinions and petitions of local voters. The standing body of the People’s Council shall report on results of oversight of the settlement of local voters’ petitions sent to the People’s Council at the preceding session.

When necessary, the People’s Council shall discuss and issue a resolution on settlement of opinions and petitions of voters.

Article 91. Voting at plenary meetings

1. The People’s Council shall decide on matters at plenary meetings by voting. A People’s Council deputy has the right to vote for, to vote against or to abstain. A People’s Council deputy may not vote on behalf of another People’s Council deputy.

2. The People’s Council shall decide to apply either of the following forms of voting:

a/ Open vote;

b/ Secret vote.

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

Article 92. Documents of People’s Council sessions

1. The chairperson of the People’s Council shall decide on documents to be used at a session.

2. Documents of a People’s Council session shall be sent to People’s Council deputies at least 5 days before the session opens, unless otherwise prescribed by law.

3. People’s Council deputies shall comply with regulations on use and preservation of documents during the session and may not disclose secret documents or contents of closed meetings of the People’s Council.

4. Resolutions, documents and other materials of each People’s Council session shall be kept in accordance with the law on archives.

Article 93. Responsibility to attend People’s Council sessions

1. People’s Council deputies shall attend all sessions and meetings of the People’s Council, discuss and vote on matters within the tasks and powers of the People’s Council.

2. A People’s Council deputy who cannot attend a session or meeting must have a reason and shall report such in advance to the People’s Council chairperson. The standing body of the People’s Council shall propose the People’s Council to remove from office a People’s Council deputy who fails to attend sessions for 1 year without a reason.

Article 94. People’s Council deputies’ responsibility to meet voters

1. A People’s Council deputy shall keep close ties with voters in his/her constituency, submit to voter supervision, collect and honestly report on opinions, aspirations and petitions of voters; protect lawful rights and interests of voters; comply with the regime on meeting with voters and at least once a year report to voters on his/her activities and activities of his/her People’s Council and reply to requests and petitions of voters.

2. After each People’s Council session, People’s Council deputies shall report on results of the session to voters, and inform and explain resolutions of the People’s Council to people, and mobilize people, together with them, to implement these resolutions.

Article 95. People’s Council deputies’ responsibility to receive citizens and their complaints, denunciations and petitions and settle them

1. A People’s Council deputy shall receive citizens in accordance with law.

2. When receiving a citizen’s complaint, denunciation or petition, a People’s Council deputy shall study and promptly forward it to a competent person for settlement and notify such to the citizen; press for, monitor and oversee the settlement. The person competent to settle that complaint, denunciation or petition shall notify the People’s Council deputy of the settlement result within the time limit prescribed by law.

3. When considering the settlement of a complaint, denunciation or petition unlawful, a People’s Council deputy has the right to meet the head of the concerned agency, organization or unit to inquire into the case and request its re-consideration. When necessary, the People’s Council deputy may request the head of the immediate superior agency, organization or unit of that agency, organization or unit to settle the case.

Article 96. People’s Council deputies’ right to question

1. A People’s Council deputy has the right to raise questions to the chairperson, vice chairpersons and members of the People’s Committee, the Chief Justice of the People’s Court, and the Chief Procurator of the People’s Procuracy of the same level. The questioned person shall give his/her answers on matters questioned by the People’s Council deputy.

2. When the People’s Council meets, a People’s Council deputy shall send his/her questions to the standing body of the People’s Council. The questioned person shall present his/her answers before the People’s Council at that session. In case investigation or verification is needed, the People’s Council may decide to allow the questioned person to give his/her answers at its next session or to give written answers to the questioning deputy and its standing body.

3. When the People’s Council is in recess, questions of People’s Council deputies shall be sent to the standing body of the People’s Council of the same level which shall forward them to questioned persons and decide on the deadline for reply.

Article 97. People’s Council deputies’ right to propose

1. A People’s Council deputy has the right to propose the People’s Council to cast votes of confidence on holders of posts elected by the People’s Council or hold an extraordinary or a closed meeting of the People’s Council, and to make proposals on other issues he/she finds necessary.

2. A proposal of a People’s Council deputy, which must specify its reason and contents, shall be made in writing and sent to the standing body of the People’s Council.

The standing body of the People’s Council shall summarize and process proposals of People’s Council deputies according to its competence and report to the People’s Council in the cases prescribed in Clause 3 of this Article or in other cases it finds necessary.

3. When at least one-third of the total number of People’s Council deputies propose the People’s Council to cast votes of confidence on the holder of a post elected by the People’s Council or convene an extraordinary or closed meeting of the People’s Council, the standing body of the People’s Council shall report such to the People’s Council for consideration and decision.

4. The number of proposals required in Clause 3 of this Article is the total number of proposals received by the standing body of the People’s Council from the opening date of a session to before the opening date of the next session, or to before the opening date of the meeting of the People’s Council on the related issue, in case the People’s Council deputies propose the People’s Council to convene a closed meeting.

5. A People’s Council deputy has the right to propose agencies, organizations or individuals to apply necessary measures to implement the Constitution or law or protect the rights and interests of the State, human rights or lawful rights and interests of citizens.

Article 98. People’s Council deputies’ right to request when detecting illegal acts

1. When detecting an illegal act which harms the interests of the State or lawful rights and interests of an organization or individual, a People’s Council deputy has the right to request concerned agencies and organizations to take necessary measures to promptly stop that act.

2. Within 15 days after receiving a request from a People’s Council deputy prescribed in Clause 1 of this Article, an agency or organization shall settle that request and notify such in writing to the People’s Council deputy. Past this time limit, if the agency or organization fails to reply, the People’s Council deputy has the right to request the head of the superior agency or organization to consider and settle his/her request.

Article 99. People’s Council deputies’ right to request provision of information

1. When performing his/her tasks or exercising his/her powers, a People’s Council deputy has the right to request agencies, organizations and individuals to provide information and documents related to their tasks and powers.

2. The head of an agency or organization or a person shall respond to the request of a People’s Council deputy within the time limit prescribed by law.

Article 100. The right to immunity of People’s Council deputies

1. No People’s Council deputy may be arrested, held in custody, detained, prosecuted or have his/her place of residence or workplace searched, unless so consented by the People’s Council, or the standing body of the People’s Council, when the People’s Council is in recess.

2. In case a People’s Council deputy is held in custody for a flagrant offense, the agency holding the deputy in custody shall immediately report the case to the People’s Council or its standing body for consideration and decision.

Article 101. Resignation, suspension or loss of the rights of People’s Council deputies

1. During his/her term of office, a People’s Council deputy who neither works nor resides in the administrative unit where he/she is a deputy shall resign. A People’s Council deputy may resign for health or another reason.

The approval of such resignation shall be considered and decided by the People’s Council of the same level.

2. When a People’s Council deputy is charged with an offense, the standing body of the People’s Council shall decide to suspend that deputy’s performance of tasks and exercise of powers.

The People’s Council deputy may resume performance of his/her tasks and exercise of his/her powers and have his/her lawful interests restored when a competent agency terminates the investigation or the criminal case against him/her or from the time a legally effective court judgment or decision pronounces that this deputy is innocent or exempted from penal liability.

3. A People’s Council deputy who is convicted under a court judgment or decision shall automatically lose the rights of a People’s Council deputy from the date that judgment or decision takes legal effect.

4. A People’s Council deputy who has resigned or lost his/her rights of a deputy shall automatically resign from the positions in the standing body or Boards of the People’s Council.

Article 102. Removal from office of People’s Council deputies

1. A People’s Council deputy who fails to satisfy the criteria of People’s Council deputies and no longer deserves the People’s trust shall be removed from office by the People’s Council or voters.

2. The standing body of the People’s Council shall decide to bring the removal from office of a People’s Council deputy before the People’s Council or before voters at the proposal of the Vietnam Fatherland Front Committee of the same level.

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

4. The removal from office of a People’s Council deputy by voters must comply with the order stipulated by the National Assembly Standing Committee.

Article 103.  Conditions ensuring activities of People’s Council deputies

1. A full-time People’s Council deputy shall be provided with a workplace, salaries, allowances and other regimes to support his/her activities.

2. A part-time People’s Council deputy shall spend at least one-third of his/her working time in a year performing the tasks and exercising the powers of a People’s Council deputy. The duration in a year a part-time People’s Council deputy spends on the tasks of a People’s Council deputy shall be included in his/her working time at his/her employing agency, organization or unit and the deputy shall be paid with salary, allowances and other benefits sponsored by such agency, organization or unit. The head of the employing agency, organization or unit of a People’s Council deputy shall arrange work and create necessary conditions for this deputy to perform his/her tasks.

3. People’s Committees at all levels, agencies, organizations, units and individuals shall, within their respective tasks and powers, create favorable conditions for activities of People’s Council deputies.

4. Vietnam Fatherland Front Committees and member organizations of the Front shall create conditions for People’s Council deputies to contact voters and collect opinions, aspirations and petitions of the People reflected to People’s Councils.

5. People’s Council deputies shall be provided with monthly activity allowances and other necessary conditions for their activities.

6. The Government shall propose the National Assembly Standing Committee to specifically stipulate regimes, policies and conditions ensuring activities of People’s Council deputies.

Article 104. Tasks and powers of the standing body of the People’s Council

1. To convene sessions of the People’s Council; to coordinate with the People’s Committee in preparing sessions of the People’s Council.

2. To urge and examine the People’s Committee and other state agencies in the locality in the implementation of resolutions of the People’s Council.

3. To supervise the observance of the Constitution and law in the locality.

4. To instruct, regulate and coordinate activities of Boards of the People’s Council; to consider oversight results of Boards of the People’s Council when necessary and report such to the People’s Council at the nearest session; to keep ties with People’s Council deputies; to synthesize questions of People’s Council deputies for reporting them to the People’s Council; to request agencies, organizations and individuals to explain matters relating to its tasks and powers at  its meetings.

5. To organize the reception of citizens by People’s Council deputies in accordance with law; to urge, examine and supervise the settlement of petitions, complaints and denunciations of citizens; to synthesize opinions and aspirations of the People for reporting at sessions of the People’s Council.

6. To ratify the list of members of Boards of the People’s Council among People’s Council deputies and the resignation of members of Boards of the People’s Council at the proposal of the Boards’ heads.

7. To propose the People’s Council to collect or cast votes of confidence on holders of positions elected by the People’s Council in accordance with Articles 88 and 89 of this Law.

8. To decide to bring the removal from office of People’s Council deputies before the People’s Council or voters.

9.  To report on activities of the People’s Council of the same level to the immediate superior People’s Council and People’s Committee; the standing body of the provincial-level People’s Council shall report on activities of the provincial-level People’s Council to the National Assembly Standing Committee and the Government;

10. To keep ties and coordinate in working with the standing body of the Vietnam Fatherland Front Committee of the same level; to biannually notify activities of the People’s Council to the Vietnam Fatherland Front Committee of the same level.

Article 105. Tasks and powers of members of the standing body of the People’s Council

1. The chairperson of the People’s Council shall lead activities of the standing body of the People’s Council of the same level and on behalf of the latter, keep ties with the People’s Committee, state agencies, the Standing Board of the Vietnam Fatherland Front Committee, member organizations of the Front of the same level, other social organizations and citizens.

2. Vice chairpersons of the People’s Council shall assist the chairperson of the People’s Council in performing the tasks and exercise the powers as assigned by the latter.

3. Members of the standing body of the People’s Council shall take collegial responsibility for the performance of tasks and the exercise of powers of the standing body of the People’s Council; and take personal responsibility before the standing body of the People’s Council for the performance of their tasks and the exercise of their powers assigned by the latter; attend meetings of the standing body of the People’s Council; and discuss and decide on matters within the tasks and powers of the standing body of the People’s Council.

Article 106. Meetings of the standing body of the People’s Council

1. Meeting is the main form of operation of the standing body of the People’s Council. At its meetings, the standing body of the People’s Council shall discuss and decide on matters within its tasks and powers in accordance with law.

2. The standing body of the People’s Council shall regularly meet once a month. When necessary, the standing body of the People’s Council may meet extraordinarily at the request of the chairperson of the People’s Council. A meeting of the standing body of the People’s Council shall be attended by at least two-thirds of the total number of its members.

3. The chairperson of the People’s Council shall decide on the time and agenda and direct preparations of, and chair, meetings of the standing body of the People’s Council; if the chairperson of the People’s Council is absent, a vice chairperson of the People Council authorized by the chairperson shall chair the meetings.

4. Members of the standing body of the People’s Council shall attend all meetings. If unable to attend a meeting for a special reason, they shall report such to the chairperson of the People’s Council for consideration and decision.

5.  Representatives of the People’s Committee and Vietnam Fatherland Front Committee of the same level shall be invited to meetings of the standing body of the People’s Council. The head and deputy heads of the delegation of National Assembly deputies shall be invited to meetings of the standing body of the provincial-level People’s Council.

6. Representatives of the People’s Court and the People’s Procuracy, heads of specialized agencies of the People’s Committee, and representatives of socio-political organizations, of the same level, and concerned agencies and organizations may be invited to meetings of the standing body of the People’s Council which discuss relevant matters.

7. The People’s Committee, the People’s Court, the People’s Procuracy, Boards of the People’s Council, heads of specialized agencies of the People’s Committee and concerned agencies and organizations shall prepare projects, schemes and reports on the contents of meetings’ agendas as assigned by the standing body of the People’s Council of the same level or according to their tasks and powers prescribed by law.

Article 107. Reception of citizens by the standing body of the People’s Council

1. The standing body of the People’s Council shall organize the reception of citizens by People’s Council deputies of its level; formulate regulations on and procedures for reception of citizens in accordance with law and conformity with the local situation; arrange the citizen reception timetable for People’s Council deputies; assign civil servants with full qualifications and capacity and conversant with law to receive citizens; organize the reception of citizens by People’s Council deputies at the citizen reception place in the locality where the deputies stand for election.

2. The chairperson of the People’s Council must have a citizen reception timetable. Depending on his/her work requirements, the chairperson of the People’s Council shall arrange the number of citizen receptions in a month. The chairperson of the People’s Council may authorize a vice chairperson of the People’s Council or a member of the standing body of the People’s Council to receive citizens, but at least each quarter, shall reserve one day to receive citizens.

Article 108. Fields under the charge of Boards of the People’s Council

1. The Legal Board of the People’s Council at the provincial, district and commune levels shall take charge of the implementation of the Constitution and law, national defense, security, social order and safety, building of local administration and management of administrative boundaries in the locality.

2. The Cultural and Social Board of the provincial-level People’s Council shall take charge of education, healthcare, culture, society, information, physical training, sports and religion policies in the locality.

3. The Economic and Budgetary Board of the provincial People’s Council shall take charge of economics, budget, urban affairs, transport, construction, science, technology, natural resources and environment in the province.

4. The Economic and Budgetary Board of the People’s Council of a centrally run city shall take charge of economics, budget, science, technology and natural resources in the centrally run city.

5. The Urban Board of the People’s Council of a centrally run city shall take charge of urban planning, social and technical infrastructure development, transport, construction, environment and organization of public service provision in the centrally run city.

6. The Economic and Social Board of the People’s Council at district and commune levels shall take charge of economics, budget, urban affairs, transport, construction, education, healthcare, culture, society, information, physical training, sports, science, technology, natural resources and environment and religion policies in the locality.

7. The Board for Ethnic Minorities Affairs of the provincial- or district-level People’s Council shall take charge of ethnic affairs in the locality.

8. In case a provincial- or district-level People’s Council does not establish the Board for Ethnic Minorities Affairs, the Economic and Social Board of the provincial-level People’s Council and the Economic and Social Board of the district-level People’s Council shall take charge of ethnic affairs in the locality.

Article 109. Tasks and powers of Boards of the People’s Council

1. To participate in the preparation of contents of sessions of the People’s Council related to the fields under their charge.

2. To verify draft resolutions, reports and schemes related to the fields under their charge as assigned by the People’s Council or its standing body.

3. To assist the People’s Council in overseeing activities of the People’s Court and the People’s Procuracy of the same level; to oversee activities of the People’s Committee of the same level and its specialized agencies in the fields under their charge; to oversee legal documents on the fields under their charge.

4. To survey the implementation of law on the fields under their charge as assigned by the People’s Council or its standing body.

5. To report on results of oversight activities to the People’s Council and its standing body.

6. To take responsibility for and report on their work to the People’s Council; and report on their work to the standing body of the People’s Council when the People’s Council is in recess.

Article 110. Work coordination among Boards of the People’s Council

1. Boards of the People’s Council shall coordinate with one another in their work and exchange work experience in relevant matters.

2. Boards of the provincial-level People’s Council shall work with the Ethnic Council, Committees of the National Assembly, Sub-Committees of the National Assembly Standing Committee when the latter works in the locality.

3. The Ethnic Council, Committees of the National Assembly, Sub-Committees of the National Assembly Standing Committee shall exchange work experience with corresponding Boards of the provincial-level People’s Council.

4. Boards of the People’s Council shall send their members to take part in activities of the standing body of the People’s Council of the same level at the request of the latter.

5.  The People’s Committee and its specialized agencies, the People’s Court and the People’s Procuracy of the same level, and concerned local agencies and organizations shall provide information and documents on issues requested by a Board of the People’s Council.

Article 111. Verification of draft resolutions, reports and schemes of Boards of the People’s Council

1. To prepare for its verification, a Board of the People’s Council shall assign its members to study a draft resolution, report or scheme; request the drafting agency and relevant agencies to provide documents and present matters verified by the Board; hold a meeting to collect opinions from persons conversant with those matters; conduct in the locality a fact-finding survey on the contents related to the draft resolution, report or scheme.

2. A draft resolution, report or scheme shall be verified in the following order:

a/ Representative of the agency or organization submitting the draft resolution, report or scheme makes a presentation;

b/ Representatives of relevant agencies and organizations give opinions;

c/ Members of the Board discuss;

d/ Representative of the agency or organization submitting the draft resolution, report or scheme take the floor when necessary;

dd/ Meeting chairperson makes conclusions.

3. A verification report should assess the conformity of the draft resolution, report or scheme to the Party’s guidelines, the State’s policies and law, local socio-economic development situation and conditions; and clearly state viewpoints and propose solutions for controversial contents.

Article 112. Tasks and powers of groups of provincial- or district-level People’s Council deputies

1. To oversee the observance of the Constitution, law, documents of superior state agencies and resolutions of the People’s Council of the same level in the locality or matters assigned by the People’s Council or its standing body.

2. To study documents and prepare opinions to be presented at sessions of the People’s Council of the same level; to organize meetings between People’s Council deputies and voters to collect voters’ opinions and petitions before sessions of the People’s Council and report to voters on the results of sessions of the People’s Council after these sessions.

Section 2

ACTIVITIES OF THE PEOPLE’S COMMITTEE

Article 113. People’s Committee meetings

1. The People’s Committee shall hold a regular meeting once a month.

2. The People’s Committee shall hold an extraordinary meeting in the following cases:

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

b/ At the request of the chairperson of the immediate superior People’s Committee; or at the request of the Prime Minister, for a meeting of the provincial-level People’s Committee.

c/ At the request of at least one-third of the total number of People’s Committee members.

Article 114. Convening People’s Committee meetings

1. The chairperson of the People’s Committee shall decide on the specific date, agenda and contents of a meeting.

2. People’s Committee members shall attend all People’s Committee meetings. If absent, they shall report such to the chairperson of the People’s Committee and must obtain his/her consent.

3. A meeting of the People’s Committee may be held only when it is attended by at least two-thirds of the total number of People’s Committee members.

4. The agenda, time and documents of a meeting shall be sent to People’s Committee members no later than 3 working days or 1 working day respectively before a regular or an extraordinary meeting opens.

Article 115. Responsibilities of the chairperson of a People’s Committee meeting

1. The chairperson of the People’s Committee shall chair a meeting of the People’s Committee and ensure the implementation of the meeting’s agenda and regulations on such meeting. When the chairperson of the People’s Committee is absent, a vice chairperson of the People’s Committee assigned by the former shall chair the meeting.

2. The chairperson of the People’s Committee or a vice chairperson of the People’s Committee assigned by the former shall assume the prime responsibility for the discussion on every content submitted to the meeting of the People’s Committee.

Article 116. Invitees to meetings of the People’s Committee

1. Representatives of the standing body of the People’s Committee shall be invited to meetings of the People’s Committee of the same level; heads and deputy heads of the National Assembly deputy delegation shall be invited to meetings of the provincial-level People’s Committee; heads of groups of provincial-level People’s Council deputies shall be invited to meetings of the district-level People’s Committee.

2. The president of the Vietnam Fatherland Front Committee, heads of local socio-political organizations and representatives of Boards of the People’s Council shall be invited to meetings of the People’s Committee of the same level which discuss relevant matters; the Chief Justice of the People’s Court and the Procurator General of the People’s Procuracy of the provincial or district level shall be invited to meetings of the People’s Committee of the same level which discuss relevant matters.

3. The chairperson of the People’s Council, heads of subordinate state administrative agencies and other persons shall be invited to meetings of the People’s Committee which discuss relevant matters.

Article 117. Voting at meetings of the People’s Committee

1. The People’s Committee shall decide on matters at a meeting by voting. People’s Committee members have the right to vote for, to vote against and to abstain.

2. The People’s Committee shall decide to apply one of the following forms of voting:

a/ Open vote;

b/ Secret vote.

3. A decision of the People’s Committee shall be voted for by more than half of the total number of People’s Committee members. If the votes for and votes against are equal, the decision shall be made in favor of the vote of the chairperson of the People’s Committee.

Article 118. Voting by sending written opinions

1. For a number of matters due to urgent requirements or it is not necessary to organize discussion or voting at a meeting of the People’s Committee, the chairperson of the People’s Committee shall decide on voting by People’s Committee members through sending written opinions. This form of voting must comply with Clause 3, Article 117 of this Law.

2. The chairperson of the People’s Committee shall notify results of voting  by sending written opinions at the nearest meeting of the People’s Committee.

Article 119. Minutes of meetings of the People’s Committee

A meeting of the People’s Committee shall be recorded in writing. The minutes of a meeting must state all opinions given in the meeting, developments of the meeting and the meeting chairperson’s conclusions or voting results.

Article 120. Information on results of meetings of the People’s Committee

1. The results of a meeting of the People’s Committee shall be promptly notified to the following agencies, organizations, units and individuals:

a/ People’s Committee members, the standing body of the Party Committee, the standing body of the People’s Council, the Standing Board of the Vietnam Fatherland Front Committee, and heads of socio-political organizations, of the same level;

b/ Chairpersons of the immediate superior and subordinate People’s Committees; the Prime Minister, for meetings of the provincial-level People’s Committee;

c/ Concerned agencies, organizations and units.

2. The People’s Committee shall inform press agencies of the results of a meeting of the People’s Committee involving socio-economic development plans, land use master plans and plans, compensation, ground clearance or matters related to rights and obligations of citizens in the locality.

Article 121. Scope and responsibilities of the chairperson of the People’s Committee for settling affairs

1. To take personal responsibility for the performance of assigned tasks and the exercise of designated powers prescribed in this Law; together with other People’s Committee members, to take collegial responsibility for activities of the People’s Committee before the People’s Council of the same level, superior state administrative agencies, the local People and law.

2. To direct the settlement of, or assign a vice chairperson of the People’s Committee to assume the prime responsibility for and coordinate in settling, matters related to various sectors and fields in the locality. If necessary, to set up an advisory organization to advise and assist him/her in settling affairs.

3. To authorize a vice chairperson of the People’s Committee on behalf of the chairperson to administer work of the People’s Committee when the chairperson is absent.

4. On behalf of the People’s Committee, to sign decisions of the People’s Committee; to issue decisions and directives and guide and examine their implementation in the locality.

Article 122. Scope and responsibilities of vice chairpersons of the People’s Committees for settling affairs

1. To perform tasks assigned by the chairperson of the People’s Committee and take responsibility before the latter for the performance of those tasks; together with other People’s Committee members, to take collegial responsibility for activities of the People’s Committee.

2. To attend all meetings of the People’s Committee; to discuss and vote on matters within the tasks and powers of the People’s Committee.

3. To sign decisions and directives of the chairperson of the People’s Committee when authorized by the chairperson of the People’s Committee.

Article 123. Scope and responsibilities of People’s Committee members for settling affairs

1. To take charge of specific fields as assigned by the chairperson of the People’s Committee and take responsibility before the People’s Committee and its chairperson for the performance of their assigned tasks; together with other People’s Committee members, to take collegial responsibility for activities of the People’s Committee; to make work reports to the People’s Council when so requested.

People’s Committee members are heads of specialized agencies of the People’s Committee who take responsibility for, and make work reports to superior state management agencies, on sectors and fields under their charge.

2. To attend all meetings of the People’s Committee; to discuss and vote on issues within the tasks and powers of the People’s Committee.

Article 124. Transfer and dismissal of the chairperson and vice chairpersons of the People’s Committee

1. The Prime Minister shall decide to transfer chairpersons and vice chairpersons of  provincial-level People’s Committees; chairpersons of provincial- and district-level People’s Committees shall decide to transfer chairpersons and vice chairpersons of immediate subordinate People’s Committees.

2. The Prime Minister shall decide to dismiss chairpersons and vice chairpersons of  provincial-level People’s Committees; chairpersons of provincial- and district-level People’s Committees shall decide to dismiss chairpersons and vice chairpersons of immediate subordinate People’s Committees when the latter commit illegal acts or fail to properly perform the assigned responsibilities and tasks.

3. A person who is transferred or dismissed shall terminate the performance of tasks of the chairperson or vice chairperson of the People’s Committee on the effective date of the transfer or dismissal decision.

4. The person who has decided to transfer or dismiss the chairperson of a People’s Committee shall empower the acting as chairperson of the People’s Committee; inform the People’s Council of such transfer or dismissal, and empower the acting as chairperson of the People’s Committee for the People’s Council to elect a new chairperson or vice chairperson of the People’s Committee at the nearest session.

Article 125. Organization of conferences on exchange and dialogue between the commune-level People’s Committee and the People

Annually, the commune-level People’s Committee shall organize at least one conference on exchange and dialogue with the local People on activities of the People’s Committee and matters related to the rights and obligations of local citizens. For a commune-level administrative unit of large size, the commune-level People’s Committee may organize exchanges and dialogues with the People in clusters of villages or residential quarters. The People’s Committee shall notify the time, venue and contents of a conference on exchange and dialogue with the People in the mass media and to heads of villages or residential quarters at least 7 days before the conference is held.

Section 3

OFFICES, OPERATION FUNDS, ASSISTANT APPARATUS OF LOCAL ADMINISTRATIONS

Article 126. Offices and operation funds of local administrations

1. Offices of the local administration shall be arranged for the People’s Council and the People’s Committee, furnished with facilities to meet work coordination requirements of agencies of the local administration and serve the People.

2. Operation funds of the local administration shall be ensured by the state budget. The management and use of those funds must ensure thrift, efficiency and be audited in accordance with law.

Article 127. Assistant apparatus of local administrations

1. The Office of the provincial-level People’s Council is the agency advising, assisting and serving activities of the provincial-level People’s Council and its standing body, Boards and deputies.

2. The Office of the provincial-level People’s Committee is the agency advising, assisting and serving activities of the provincial-level People’s Committee.

3. The Office of the district-level People’s Council and People’s Committee is the agency advising, assisting and serving activities of the district-level People’s Council and People’s Committee.

4.  The Government shall specifically define tasks, powers, organization and payroll of the Office of the provincial-level People’s Council, the Office of the provincial-level People’s Committee and the Office of the district-level People’s Council and People’s Committee, and the organization of advisory work, assistance and service of activities of the commune-level People’s Council and People’s Committee.

Chapter VII

ESTABLISHMENT, DISSOLUTION, MERGER, SEPARATION AND ADJUSTMENT OF BOUNDARIES OF, ADMINISTRATIVE UNITS

Section 1

PRINCIPLES, ORDER AND PROCEDURES FOR ESTABLISHMENT, DISSOLUTION, MERGER, SEPARATION AND ADJUSTMENT OF BOUNDARIES, OF ADMINISTRATIVE UNITS

Article 128. Principles of  establishment, dissolution, merger, separation and adjustment of boundaries, of administrative units

1. Administrative units shall be organized permanently on the basis of existing administrative units. The merger of administrative units of the same level shall be encouraged.

2. The establishment, merger, separation or adjustment of boundaries, of an administrative unit shall be implemented when necessary and must satisfy the following conditions:

a/ Being in line with the approved socio-economic development master plan, administrative unit master plan, orientations for urban planning and development programs and master plans of relevant sectors and fields;

b/ Assuring national interests, effect and efficiency of state management by local administrations at all levels in state management; bringing into play potentials and advantages to promote socio-economic development of the country and each locality;

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

d/ Ensuring national unity, conformity with local historical elements, traditions and culture; providing convenience for the People;

dd/ Being based on criteria of administrative units prescribed in Clauses 1, 2 and 3, Article 2 of this Law and suitable to characteristics of rural, urban and island areas.

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

a/ Due to requirements for socio-economic development or maintenance of  national defense and security of the locality or country;

b/ Due to changes in geographical and topographical factors affecting the existence of that administrative unit.

4. The Government shall propose the National Assembly Standing Committee to specifically define criteria of administrative units prescribed at Point dd, Clause 2 of this Article.

Article 129. Competence to decide on the establishment, dissolution, merger, separation, adjustment of boundaries of, and naming and renaming of administrative units and to settle disputes related to boundaries of administrative units

1. The National Assembly shall decide on the establishment, dissolution, merger, separation and adjustment of boundaries, of provincial-level administrative units; naming and renaming of the provincial-level administrative units; and settlement of disputes related to boundaries of provincial-level administrative units.

2. The National Assembly Standing Committee shall decide on the establishment, dissolution, merger, separation and adjustment of boundaries, of district- and commune-level administrative units; naming and renaming of district- and commune-level administrative units; and settlement of disputes related to boundaries of district- and commune-level administrative units.

3. The Government shall propose the National Assembly or National Assembly Standing Committee to decide on the establishment, dissolution, merger, separation and adjustment of boundaries, of administrative units; naming and renaming of administrative units; and settlement of disputes related to boundaries of administrative units prescribed in Clauses 1 and 2 of this Article.

Article 130. Elaboration of plans on establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units

1. The Ministry of Home Affairs shall advise and assist the Government in elaborating plans on the establishment, dissolution, merger, separation or adjustment of boundaries, of provincial-level administrative units for submission to the National Assembly.

2. The provincial-level People’s Committee shall elaborate plans on the establishment, dissolution, merger, separation or adjustment of boundaries, of attached district- and commune-level administrative units for reporting to the Government.

3. Funds for the elaboration of plans on the establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units shall be ensured by the state budget under the Government’s regulations.

Article 131. Collection of local People’s opinions on the establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units

1. Plans on the establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units shall be commented by voters of commune-level administrative units who are directly affected by such establishment, dissolution, merger, separation or adjustment. Voters’ opinions shall be collected through distribution of voter opinion polls.

2. The Government shall organize the collection of voters’ opinions on the establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units and carry out the following jobs:

a/ Deciding on the time for collecting opinions, the form of opinion poll and documents serving the opinion collection;

b/ Directing, guiding, examining People’s Committees at all level in collecting voters’ opinions; directing public information work on contents to be commented;

c/ Ensuring funds and necessary conditions for the collection of voters’ opinions;

d/ Publicizing the results of collection of voters’ opinions on the Government’s website.

3. Relevant provincial-level People’s Committee shall carry out the following jobs:

a/ Organizing the collection of voters’ opinions in their provinces;

b/ Allocating funds and ensuring necessary conditions for the collection of voters’ opinions in their localities;

c/ Guiding and examining subordinate People’s Committees in the collection of voters’ opinions;

d/ Summarizing and reporting on the results of collection of voters’ opinions in their provinces.

4. District-level People’s Committees shall carry out the following jobs:

a/ Guiding and examining commune-level People’s Committees in the collection of voters’ opinions;

b/ Providing information on and disseminating the contents to be commented in their localities;

c/ Summarizing and reporting on the results of collection of local voters’ opinions.

5. Commune-level People’s Committees shall carry out the following jobs:

a/ Making a list of voters in their localities at the time of collecting  opinions;

b/ Deciding to distribute voter opinion polls in communes, wards or townships suitable to the characteristics of residential quarters in their localities;

c/ Collecting voters’ opinions in every village or residential quarter;

d/ Summarizing minutes of meetings and voter opinion polls; making a report on results of collection of local voters’ opinions.

6. A report on results of collection of voters’ opinions must specify the total number of voters in the locality, the number of voters giving opinions, the number of votes for, the number of votes against and other opinions. A report on the results of collection of voters’ opinions in a district- or commune-level locality  shall be sent to the People’s Council of the same level and the superior People’s Committee, and in a provincial-level locality, to the Government and the provincial-level People’s Council.

Article 132. People’s Councils approving proposals on establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units

1. After collecting voters’ opinions on the establishment, dissolution, merger, separation or adjustment of boundaries, of an administrative unit, if more than 50 percent of the total number of local voters in the locality vote for it, the plan-making agency shall finalize the plan and send it to the People’s Councils of concerned administrative units for comment.

2. Based on opinions of local voters, the draft plan on the establishment, dissolution, merger, separation or adjustment of boundaries, of an administrative unit sent by a responsible agency, relevant People’s Councils at commune, district and provincial levels shall discuss and vote for or against the policy on the establishment, dissolution, merger, separation or adjustment of boundaries, of that administrative unit according to the sequence from commune to district and provincial levels.

3. The resolution voting for or against the policy on the establishment, dissolution, merger, separation or adjustment of boundaries, of an administrative unit, of a commune-level People’s Council  shall be sent to the district-level People’s Council; of a district-level People’s Council,  to the provincial-level People’s Council; and of a provincial level People’s Council, to the Ministry of Home Affairs for summarization and reporting to the Government and competent authorities for decision.

Article 133. Verification of plans on establishment, dissolution, merger, separation or adjustment of boundaries, of administrative units

1. The Law Committee of the National Assembly shall verify the Government’s plans on the establishment, dissolution, merger, separation or adjustment of boundaries, of provincial-level administrative units for reporting to the National Assembly; and the Government’s plans on the establishment, dissolution, merger, separation or adjustment of boundaries, of district- and commune-level administrative units for reporting to the National Assembly Standing Committee.

2. A dossier of verification must comprise:

a/ A proposal on the establishment, dissolution, merger, separation or adjustment of boundaries, of an administrative unit;

b/ A plan on the establishment, dissolution, merger, separation or adjustment of boundaries, of an administrative unit;

c/ A report assessing the impacts of the establishment, dissolution, merger, separation or adjustment of boundaries of, an administrative unit;

d/ A report summarizing opinions of voters, the People’s Councils at all levels and concerned agencies and organizations;

dd/ A draft resolution on the establishment, dissolution, merger, separation or adjustment of boundaries, of an administrative unit.

Section 2

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

Article 134. Organization of local administrations upon merger of administrative units of the same level

1. When many administrative units are merged into a new administrative unit of the same level, People’s Council deputies of the former administrative units shall constitute the People’s Council of the new administrative unit and operate until the end of their term of office.

2. The first session of the People’s Council of  the new administrative unit prescribed in Clause 1 of this Article shall be convened and chaired by a person appointed by the standing body of the immediate superior People’s Council, or by the National Assembly Standing Committee if it is a provincial-level administrative unit, among People’s Council deputies of the new administrative unit until the People’s Council elects the chairperson of the People’s Council of the new administrative unit.

3. The People’s Council of the new administrative unit prescribed in Clause 1 of this Article shall elect holders of positions of the People’s Council and the People’s Committee in accordance with Article 83 of this Law and operate until a new People’s Council is elected.

Article 135. Organization of local administrations upon division of an administrative unit into many administrative units of the same level

1. When an administrative unit is divided into many new administrative units of the same level, People’s Council deputies who have been elected or are working in a new administrative unit shall constitute the People’s Council of that administrative unit and operate until the end of their term of office.

2. When the number of deputies of the People’s Council of a new administrative unit is larger than or equals two-thirds of the total number of deputies elected in accordance with this Law, the new People’s Council shall elect holders of posts of the People’s Council and People’s Committee in accordance with Article 83 of this Law and operate until a new People’s Council is elected.

3. When the number of People’s Council deputies of a new administrative unit is smaller than two-thirds of the total number of deputies elected in accordance with this Law and the remainder of their term of office is longer than 18 months, the People’s Council shall by-elect its deputies in accordance with the election law. After by-electing deputies, the People’s Council shall elect holders of posts of the People’s Council and People’s Committee in accordance with Article 83 of this Law and operate until a new People’s Council is elected.

4. The first session of the People’s Council of a new administrative unit prescribed in Clause 2 or 3 of this Article shall be convened and chaired by a person appointed by the standing body of the immediate superior People’s Council among People’s Council deputies of the new administrative unit or by the National Assembly Standing Committee, if it is a provincial-level administrative unit, until the People’s Council elects the chairperson of the People’s Council of the new administrative unit.

5. When the number of People’s Council deputies of a new administrative unit is smaller than two-thirds of the total number of deputies elected in accordance with this Law and the remainder of their term of office is shorter than 18 months, the standing body of the immediate superior People’s Council shall appoint the acting chairperson of the People’s Council at the proposal of the standing body of the divided administrative unit to perform the tasks and exercise the powers prescribed in Clause 3, Article 138 of this Law.

The chairperson of the immediate superior People’s Committee, or the Prime Minister, if it is a provincial-level administrative unit, shall appoint the acting chairperson of People’s Committee and the provisional People’s Committee to perform the tasks and exercise the powers of the People’s Committee chairperson and People’s Committee in accordance with this Law until a new People’s Committee is elected.

Article 136. Organization of local administrations upon establishment of a new administrative unit on the basis of adjustment of part of administrative boundaries of other administrative units

1. When a new administrative unit is established on the basis of adjustment of part of geographical areas and residents of a number of other administrative units of the same level, the People’s Council deputies in these geographical areas shall constitute the People’s Council of the new administrative unit and operate in the new unit until the end of their term of office.

2. The organization and operation of the local administration in the new administrative unit must comply with Article 135 of this Law.

3. The People’s Council of the administrative unit whose administrative boundary is partially adjusted for establishment of a new administrative unit shall continue operating; the by-election of People’s Council deputies must comply with the election law.

Article 137. Operation of People’s Council deputies upon adjustment of boundaries of administrative units or relocation of residential communities

1. When an area and residents of an administrative unit are transferred to another administrative unit, the People’s Council deputies in that area shall become deputies of the People’s Council of equivalent level and shall operate in the new administrative unit until the end of their term of office.

2. When a residential community is relocated to another place, a People’s Council deputy who goes together with that community shall be a deputy of the People’s Council of the equivalent level and operate in the new administrative unit until the end of his/her term of office.

Article 138. Operation of People’s Councils with remaining deputies fewer than two-thirds of the total number of People’s Council deputies

1. When the remaining deputies of a People’s Council account for fewer than two-thirds of the total number of People’s Councils elected in accordance with this Law and the remainder of their term of office is longer than 18 months, the by-election of People’s Council deputies must comply with the election law.

2. When the remaining deputies of a People’s Council account for fewer than two-thirds of the total number of People’s Councils elected in accordance with this Law and the remainder of their term of office is 18 months or shorter, the People’s Council shall only discuss and decide on local socio-economic development plans and budgets. The People’s Council chairperson shall perform the tasks and exercise the powers prescribed in Clause 3 of this Article. In case the post of People’s Council chairperson is vacant, the standing body of the immediate superior People’s Council or the National Assembly Standing Committee, if it is a provincial-level administrative unit, shall appoint the acting chairperson of the People’s Council.

The People’s Committee of the same level shall continue to perform its tasks and exercise its powers in accordance with this Law.

3. The chairperson or acting chairperson of the People’s Council prescribed in Clause 2 of this Article shall perform the following tasks and exercise the following powers:

a/ To coordinate with the People’s Committee in making preparations for conferences of People’s Council deputies; to convene and chair conferences of People’s Council deputies to discuss and issue resolutions of the People’s Council on local socio-economic development plans and budgets;

b/ To summarize questions of People’s Council deputies and opinions and petitions of voters for reporting to conferences of People’s Council deputies;

c/ To keep contact with People’s Council deputies and urge and facilitate their activities;

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

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

Article 139. Dissolution of People’s Councils

1. A People’s Council which seriously harms interests of the people shall be dissolved.

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

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

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

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

3. A district-level People’s Council’s resolution dissolving a commune-level People’s Council shall be submitted to the provincial-level People’s Council for approval. A provincial-level People’s Council’s resolution dissolving a district-level People’s Council shall be submitted to the National Assembly Standing Committee for approval.

4. A provincial-level People’s Council shall be dissolved and terminate operation on the effective date of the National Assembly Standing Committee’s resolution dissolving this Council.

A district- or commune-level People’s Council shall be dissolved and terminate operation on the date the resolution dissolving this Council is approved by a competent state agency.

5. When a People’s Council is dissolved, the chairperson of the immediate superior People’s Committee or the Prime Minister, if it is a provincial-level administrative unit, shall appoint the acting chairperson of the People’s Committee and the provisional People’s Committee to perform tasks and exercise powers in accordance with this Law until a new People’s Council and People’s Committee are elected.

6. The National Assembly Standing Committee shall decide on and announce the date of election of People’s Council deputies in case a provincial-level People’s Council is dissolved; the standing body of the provincial-level People’s Council shall decide on and announce the date of election of People’s Council deputies in case a district- or commune-level People’s Council is dissolved. The election of People’s Council deputies must comply with the election law. The new People’s Council shall perform its tasks until the end of the term of office of the dissolved People’s Council.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 140. Amendment and supplementation of Article 4 of the Law on Urban Planning

To amend and supplement Article 4 of Law No. 30/2009/QH12 on Urban Planning as follows:

“Article 4. Classification of urban centers

1. Urban centers shall be classified into 6 grades which are special grade, grade I, grade II, grade III, grade IV and grade V based on the following basic criteria:

a/ Position, functions, role, structure and socio-economic development level of the urban center;

b/ Population size;

c/ Population density;

d/ Non-agricultural labor rate;

dd/ Infrastructure development level.

2. The Government shall propose the National Assembly Standing Committee to specifically prescribe the classification of urban centers suitable to each socio-economic development period.”

Article 141. Effect

This Law takes effect on January 1, 2016.

Law No. 11/2003/QH11 on Organization of People’s Councils and People’s Committees ceases to be effective on the effective date of this Law, except the case prescribed in Article 142 of this Law.

Article 142. Transitional provisions

1. From the effective date of this Law to the time People’s Councils of the 2016-2021 term are elected, People’s Councils and People’s Committees of administrative units shall maintain their organizational structure and perform tasks and exercise powers in accordance with Law No. 11/2003/QH11 on Organization of People’s Councils and People’s Committees.

2. To terminate the pilot non-organization of People’s Councils of rural districts, urban districts and wards under the National Assembly’s Resolution No. 26/2008/QH12, and the National Assembly Standing Committee’s Resolution No. 724/2009/UBTVQH12, on January 1, 2016. People’s Committees of rural districts, urban districts and wards having no People’s Councils shall maintain their organizational structure and perform tasks and exercise powers in accordance with Law No. 11/2003/QH11 on Organization of People’s Councils and People’s Committees, the National Assembly’s Resolution No. 26/2008/QH12 and the National Assembly Standing Committee’s Resolution No. 725/2009/UBTVQH12, until local administrations of rural districts, urban districts and wards are elected in accordance with this Law.

Article 143. Detailing and implementation guidance

The National Assembly Standing Committee and the Government shall detail the articles and clauses in this Law as assigned and guide the implementation of this Law.

This Law was passed on June 19, 2015, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.-

Chairperson of the National Assembly
NGUYEN SINH HUNG