Law Amending Law on Organization of the Government and Law on Organization of Local Administration, No. 47/2019/QH14

LAW

Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 76/2015/QH13 on Organization of the Government and Law No. 77/2015/QH13 on Organization of Local Administration.

Article 1. To amend and supplement a number of articles of the Law on Organization of the Government

1. To amend and supplement a number of clauses of Article 23 as follows:

a/ To amend and supplement Clauses 3 and 4 as follows:

“3. To decide to establish, merge or dissolve government-attached agencies; to define the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies and government-attached agencies, and the criteria for establishing and minimum payroll for organizing a unit attached to a ministry, ministerial-level agency or government-attached agency; to provide the organization, framework number, criteria for establishing and minimum payroll for organizing a specialized agency of a provincial-level People’s Committee, or People’s Committee of a rural district, urban district, town, provincial city or municipal city (below referred to as district-level People’s Committee), or a unit attached to a specialized agency of a provincial-level People’s Committee.

4. To perform the unified state management of cadres, civil servants, public employees and public duties in state agencies and public non-business units; to manage payrolls of civil servants in state administrative agencies and the number of employees in public non-business units from the central to local levels; to prescribe the maximum number of deputy heads of attached units of government-attached agencies, specialized agencies of provincial-level People’s Committees, specialized agencies of district-level People’s Committees, and attached units of specialized agencies of provincial-level People’s Committees.”;

b/ To add the following Clause 9 below Clause 8:

“9. To decide on the decentralization of powers for management of cadres, civil servants and public employees in administrative agencies and public non-business units.”.

2. To amend and supplement Points b and dd, Clause 2, and Clause 10, Article 28 as follows:

a/ To amend and supplement Point b, Clause 2 as follows:

“b/ Directing the management of cadres, civil servants and public employees in state administrative agencies and public non-business units;”;

 b/ To amend and supplement Point dd, Clause 2 as follows:

“dd/ Deciding on the decentralization of powers or authorization for performance of the matters falling within the Prime Minister’ deciding competence regarding the management of civil servants and public employees in state administrative agencies and public non-business units;”;

c/ To amend and supplement Clause 10 as follows:

“10. To decide on the establishment, merger or dissolution of other agencies or organizations of provincial-level People’s Committees; to decide on the establishment of councils, committees or boards when necessary to assist the Prime Minister in studying, directing and coordinating the settlement of important interdisciplinary matters.”.

3. To amend and supplement a number of clauses of Article 34 as follows:

a/ To amend and supplement Clause 5 as follows:

“5. To carry out the recruitment, appointment, relief from duty, resignation, transfer, rotation, secondment, evaluation, planning, training, further training, commendation, and disciplining of cadres, civil servants and public employees, and decentralize powers for management of civil servants and public employees to attached organizations and units in accordance with law.”;

b/ To amend and supplement Clause 8 as follows:

“8. To decide on the establishment of public non-business units in accordance with law.”;

c/ To amend and supplement Clause 9 as follows:

“9. To appoint, relieve from duty, resign, transfer, rotate, second, suspend from work, evaluate, commend, and discipline heads and deputy heads of attached organizations and units.”.

4. To amend and supplement Clause 2, Article 40 as follows:

“2. Departments, offices, inspectorates, bureaus/agencies/authorities, general departments and public non-business units have their heads.

The number of deputy heads of a general department must not exceed 4; ministers and heads of ministerial-level agencies shall decide on the number of deputy heads of a department, an office, an inspectorate, a bureau/agency/authority or a public-non-business units, ensuring that each unit has no more than 3 deputy heads on average.”.

5. To replace the phrase “extraordinarily meet” in Clause 1, Article 44 with the phrase “meet to discuss specialized issues or meet to resolve other arising matters”.

Article 2. To amend and supplement a number of articles of the Law on Organization of Local Administration

1. To amend and supplement Clause 1, Article 4 as follows:

“1. Local administrations shall be organized in administrative units of the Socialist Republic of Vietnam prescribed in Article 2 of this Law in conformity with the characteristics of rural, urban or island areas and special administrative-economic units.”.

2. To amend and supplement Clause 3, Article 6 as follows:

“3. The standing body of a 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; and take responsibility before and send work reports to the People’s Council. 

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

3. To add the following Clause 1a below Clause 1, Article 7:

“1a. Holding Vietnamese citizenship as the sole one.”.

4. To amend and supplement Point e, Clause 2, Article 11 as follows:

“e/ The delegation and decentralization of powers to local administrations at all levels must satisfy the conditions on finance and human resources and other necessary conditions; the delegation and decentralization of powers shall be associated with the examination and inspection mechanism. Local administrations shall perform the tasks and exercise the powers delegated or decentralized to them, and take responsibility within the scope of delegation or decentralization.”.

5. To amend and supplement Clause 1, Article 12 as follows:

“1. The delegation of powers to local administrations at all levels shall be prescribed in a law. In this case, such law must prescribe specific tasks and powers which local administrations are not allowed to decentralize or authorize to state agencies at lower levels or other agencies and organizations.”.

6. To amend and supplement Clause 3, Article 13 as follows:

“3. When decentralizing tasks and powers to local administrations or state agencies at a lower level, state agencies shall ensure conditions on finance and human resources and other necessary conditions for performance of the decentralized tasks and powers; guide and inspect, and take responsibility for the results of, the performance of the decentralized tasks and powers.”.

7. To amend and supplement Clauses 1 and 2, Article 14 as follows:

“1. When necessary, except the case prescribed in Clause 1, Article 12 of this Law, a state administrative agency at a certain level may authorize the immediate subordinate People’s Committee, such People’s Committee may authorize its specialized agency or attached public non-business unit, and the chairperson of the People’s Committee may authorize his/her vice chairperson, head of the People’s Committee’s specialized agency, or chairperson of the immediate subordinate People’s Committee to perform one or several of his/her tasks and exercise one or several of his/her powers within a specified period provided that certain conditions shall be satisfied. The authorization shall be made in writing.

2. The authorization prescribed in Clause 1 of this Article must satisfy the conditions on finance and human resources and other necessary conditions. The authorizing agencies, organizations and individuals shall guide and inspect, and take responsibility for the results of, the performance of the authorized tasks and powers.”.

8. To amend and supplement Clauses 1, 2 and 3, Article 18 as follows:

“1. A provincial-level People’s Council shall be composed of People’s Council deputies elected by voters in the province.

The total number of deputies to a provincial-level People’s Council shall be determined on the following principles:

a/ A mountainous or highland province with a population of five hundred thousand or fewer may elect fifty deputies; if having a population of over five hundred thousand, it may additionally elect one deputy per fifty thousand people provided that the total number of deputies must not exceed seventy-five;

b/ A province other than that prescribed at Point a of this Clause with a population of one million or fewer may elect fifty deputies; if having a population of over one million, it may additionally elect one deputy per seventy thousand people provided that the total number of deputies must not exceed eighty-five;

2. The standing body of a provincial-level People’s Council shall be composed of the chairperson and vice chairperson(s) of the People’s Council, and members being heads of boards of the People’s Council. If the chairperson of a provincial-level People’s Council is a full-time People’s Council deputy, such People’s Council may have only one vice chairperson; if the chairperson of a provincial-level People’s Council is a part-time People’s Council deputy, such People’s Council may have two vice chairpersons. Vice chairpersons of provincial-level People’s Councils are full-time People’s Council deputies.

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

A board of the provincial-level People’s Council shall be composed of the head, deputy head(s) and members. The number of members of a board of the provincial-level People’s Council shall be decided by the provincial-level People’s Council. If the head of a board of the provincial-level People’s Council is a full-time People’s Council deputy, such board may have one deputy head; if the head of a board of the provincial-level People’s Council is a part-time People’s Council deputy, such board may have two deputy heads. Deputy heads of boards of provincial-level People’s Councils are full-time People’s Council deputies.”.

9. To amend and supplement Clauses 1 and 2, Article 25 as follows:

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

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

a/ A mountainous, highland or island district with a population of forty thousand or fewer may elect thirty deputies; if having a population of over forty thousand, it may additionally elect one deputy per seven thousand people provided that the total number of deputies must not exceed thirty-five;

b/ A rural district other than that prescribed at Point a of this Clause with a population of eighty thousand or fewer may elect thirty deputies; if having a population of over eighty thousand, it may additionally elect one deputy per fifteen thousand people provided that the total number of deputies must not exceed thirty-five;

c/ The number of deputies to the People’s Council of a rural district having thirty 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 not exceed forty.

2. The standing body of the People’s Council of a rural district shall be composed of the chairperson and one vice chairperson of the People’s Council, and members who are heads of boards of the People’s Council. Chairpersons of People’s Councils of rural districts may be full-time People’s Council deputies; vice chairpersons of People’s Councils of rural districts are full-time People’s Council deputies.”.

10. To amend and supplement Clauses 1 and 2, Article 32 as follows:

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

The total number of commune-level People’s Council deputies shall be determined on the following principles:

a/ A mountainous, highland or island commune with a population of two thousand or fewer may elect fifteen deputies;

b/ A mountainous, highland or island commune with a population of between over two thousand and under three thousand may elect nineteen deputies;

c/ A mountainous, highland or island commune with a population of between three thousand and four thousand may elect twenty-one deputies; if having a population of over four thousand, it may additionally elect one deputy per one thousand people provided that the total number of deputies must not exceed thirty;

d/ A commune other than that prescribed at Point a, b or c of this Clause with a population of five thousand or fewer may elect twenty-five deputies; if having a population of over five thousand, it may additionally elect one deputy per two thousand and five hundred people provided that the total number of deputies must not exceed thirty.

2. The standing body of a commune-level People’s Council shall be composed of the chairperson and one vice chairperson of the People’s Council, and members being heads of boards of the People’s Council. Vice chairpersons of commune-level People’s Councils are full-time People’s Council deputies.”.

11. To amend and supplement Clause 4, Article 33 as follows:

“4. To approve the annual socio-economic development plan of the commune before submitting it to the People’s Committee of the rural district, town, provincial city or municipal city for approval. To decide on state budget revenue estimates in the commune; to make communal budget revenue and expenditure estimates; to adjust communal budget estimates in case of necessity; to approve final accounts of the communal budget. To decide on the investment policy for programs and projects of the commune within the ambit of its delegated powers.”.

12. To amend and supplement Article 34 as follows:

“Article 34. Organizational structure of a commune-level People’s Committee

A commune-level People’s Committee shall be composed of the chairperson, vice chairperson(s), a member in charge of military affairs and a member in charge of public security affairs.

The People’s Committee of a grade-I or grade-II commune may have no more than two vice chairpersons; that of a grade-III commune may have only one vice chairperson.”.

13. To amend and supplement Clauses 1, 2 and 3, Article 39 as follows:

“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 city.

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

a/ A centrally run city with a population of one million or fewer may elect fifty deputies; if having a population of over one million, it may additionally elect one deputy per sixty thousand people provided that the total number of deputies must not exceed eighty-five;

b/ Hanoi and Ho Chi Minh City may elect ninety-five deputies.

2. The standing body of the People’s Council of a centrally run city shall be composed of the chairperson and vice chairperson(s) of the People’s Council, and members who are heads of boards of the People’s Council. If the chairperson of the People’s Council of a centrally run city is a full-time People’s Council deputy, such People’s Council may have one vice chairperson; if the chairperson of the People’s Council of a centrally run city is a part-time People’s Council deputy, such People’s Council may have two vice chairpersons. Vice chairpersons of People’s Councils of centrally run cities are full-time People’s Council deputies.

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

A board of the People’s Council of a centrally run city shall be composed of the head, deputy head(s) and members. The People’s Council of the centrally run city shall decide on the number of members of its boards. If the head of a board of the People’s Council of a centrally run city is a full-time People’s Council deputy, such board may have one deputy head; if the head of a board of the People’s Council of a centrally run city is a part-time People’s Council deputy, such board may have two deputy heads. Deputy heads of boards of People’s Councils of centrally run cities are full-time People’s Council deputies.”.

14. To amend and supplement Article 44 as follows:

“Article 44. Urban district administrations

Urban district administration is a level of local administration, except cases specified by the National Assembly.

The administration of an urban district consists of the People’s Council and People’s Committee of the urban district.”.

15. To amend and supplement Clauses 1 and 2, Article 46 as follows:

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

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

a/ An urban district with a population of one hundred thousand or fewer may elect thirty deputies; if having a population of over one hundred thousand, it may additionally elect one deputy per fifteen thousand people provided that the total number of deputies must not exceed thirty-five;

b/ The number of deputies to the People’s Council of an urban district having thirty 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 but must not exceed forty.

2. The standing body of the People’s Council of an urban district shall be composed of the chairperson and one vice chairperson of the People’s Council, and members being heads of boards of the People’s Council. Chairperson of People’s Councils of urban districts may be full-time People’s Council deputies; vice chairpersons of People’s Councils of urban districts are full-time People’s Council deputies.”.

16. To amend and supplement Clauses 1 and 2, Article 53 as follows:

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

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

a/ A town with a population of eighty thousand or fewer may elect thirty deputies; if having a population of over eighty thousand, it may additionally elect one deputy per fifteen thousand people provided that the total number of deputies must not exceed thirty-five;

b/ A provincial city or municipal city with a population of one hundred thousand or fewer may elect thirty deputies; if having a population of over one hundred thousand, it may additionally elect one deputy per fifteen thousand people provided that the total number of deputies must not exceed thirty-five;

c/ The number of deputies to the People’s Council of a town, provincial city or municipal city having thirty 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 but must not exceed forty.

2. The standing body of the People’s Council of a town, provincial city or municipal city shall be composed of the chairperson and one vice chairperson of the People’s Council, and members being heads of boards of the People’s Council. Chairpersons of People’s Councils of towns, provincial cities or municipal cities may be full-time People’s Council deputies; vice chairpersons of People’s Councils of towns, provincial cities or municipal cities are full-time People’s Council deputies.”.

17. To amend and supplement Article 58 as follows:

“Article 58. Ward administrations

Ward administration is a level of local administration, except cases specified by the National Assembly.

The administration of a ward consists of the People’s Council and People’s Committee of the ward.”.

18. To amend and supplement Clauses 1 and 2, Article 60 as follows:

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

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

a/ A ward with a population of ten thousand or fewer may elect twenty-one deputies;

b/ A ward with a population of over ten thousand may additionally elect one deputy per five thousand people provided that the total number of deputies must not exceed thirty.

2. The standing body of the People’s Council of a ward shall be composed of the chairperson and one vice chairperson of the People’s Council, and members being heads of boards of the People’s Council. Vice chairpersons of People’s Councils of wards are full-time People’s Council deputies.”.

19. To amend and supplement Clause 3, Article 61 as follows:

“3. To approve the annual socio-economic development plan of the ward before submitting it to the People’s Committee of the urban district, town, provincial city or municipal city for approval. To decide on state budget revenue estimates in the ward; to make budget revenue and expenditure estimates of the ward; to adjust budget estimates of the ward when necessary; to approve final accounts of the ward’s budget. To decide on the investment policy for programs and projects in the ward in accordance with law.”.

20. To amend and supplement Article 62 as follows:

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

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

The People’s Committee of a grade-I or grade-II ward may have no more than two vice chairpersons; that of a grade-III ward may have one vice chairperson.”.

21. To amend and supplement Clause 2, Article 67 as follows:

“2. The standing body of the People’s Council of a township shall be composed of the chairperson and one vice chairperson of the People’s Council, and members being heads of boards of the People’s Council. Vice chairpersons of People’s Councils of townships are full-time People’s Council deputies.”.

22. To amend and supplement Clause 3, Article 68 as follows:

“3. To approve the annual socio-economic development plan of the township before submitting it to the district-level People’s Committee for approval. To decide on state budget revenue estimates in the township; to make budget revenue and expenditure estimates of the township; to adjust budget estimates of the township when necessary; to approve final accounts of the township’s budget. To decide on the investment policy for programs and projects in the township in accordance with law.”.

23. To amend and supplement Article 69 as follows:

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

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

The People’s Committee of a grade-I or grade-II township may have no more than two vice chairpersons; that of a grade-III township may have one vice chairperson.”.

24. To amend and supplement Clauses 2 and 3, Article 72 as follows:

“2. A district-level administrative unit on an island shall organize local administrations consisting of the People’s Council and People’s Committee.

In case a district-level administrative unit on an island is divided into commune-level administrative units, each commune-level administrative unit shall organize local administrations, except cases specified by the National Assembly. Local administrations in a commune-level administrative unit of an island district consist of the People’s Council and People’s Committee.

3. The organization of agencies of a local administration of an island must comply with the Government’s regulations.”.

25. To amend and supplement Article 75 as follows:

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

1. The organization, tasks, powers, principles of organization and mode of operation of the local administration of a special economic-administrative unit must comply with the National Assembly’s regulations when such special economic-administrative unit is established.”.

26. To amend and supplement Clause 2, Article 83 as follows:

“2. The People’s Council shall elect its vice chairperson(s), and heads and deputy heads of its boards among People’s Council deputies recommended by its chairperson.”.

27. To amend and supplement Clause 1, Article 94 as follows:

“1. A People’s Council deputy shall keep close ties with voters in the locality where he/she performs his/her task as deputy, submit to voters’ supervision, collect and honestly report on opinions, aspirations and petitions of voters; protect lawful rights and interests of voters; comply with the regulations on meeting with voters and at least once a year report to voters on his/her activities and activities of the People’s Council in the locality where he/she is a deputy and respond to requests and petitions of voters.”.

28. To amend and supplement Clause 1, Article 101 as follows:

“1. During his/her term of office, if a People’s Council deputy no longer works in the agency, organization or enterprise in the administrative unit where he/she is a deputy, he/she will have to resign. A People’s Council deputy may resign for health reason or another reason.

The approval of the resignation of a deputy to a People’s Council shall be considered and decided by such People’s Council.”.

29. To amend and supplement Article 127 as follows:

“Article 127. Assisting apparatuses of local administrations

1. Provincial-level People’s Councils and People’s Committees, and district-level People’s Councils and People’s Committees have agencies advising on, assisting and serving their activities in accordance with law.

2. The Government shall specifically define the tasks, powers, organization and payrolls of agencies advising on, assisting and serving activities of provincial-level and district-level People’s Councils and People’s Committees; and the organization of the work of advising on, assisting and serving activities of commune-level People’s Councils and People’s Committees.”.

30. To amend and supplement Clause 1, Article 128 as follows:

“1. The merger of administrative units of the same level is encouraged. Administrative units failing to meet the prescribed standards shall be reorganized in accordance with law.”.

31. To replace the phrase “extraordinary session” in Clauses 2 and 3 of Article 78, Clauses 2 and 3 of Article 80, Clauses 1 and 3 of Article 97, Clause 2 of Article 113, and Clause 4 of Article 114, with the phrase “specialized session or session for resolving arising matters”.

32. To annul the phrase “, Chief of the Office of the provincial-level People’s Council” at Point a, Clause 2, Article 19; to annul the phrase “Chief of the Office of the provincial-level People’s Council;” at Point a, Clause 1, Article 88.

33. To annul Clause 4, Article 9.

Article 3. Implementation provision

This Law takes effect on July 1, 2020.

Article 4. Transitional provision

From the effective date of this Law to the date the People’s Council of the 2021-2026 tenure is elected, the number of deputies to People’s Councils in administrative units, the structure of standing bodies of provincial- and commune-level People’s Councils, the number of vice chairpersons of provincial-level People’s Councils and deputy heads of boards of provincial-level People’s Councils, vice chairpersons of district-level People’s Councils, and vice chairpersons of People’s Committees of grade-II communes, wards and townships must continue to comply with Law No. 77/2015/QH13 on Organization of Local Administration.

This Law was passed on November 22, 2019, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN