Law on Organization of Local Administration 2025, No. 72/2025/QH15

LAW

On Organization of Local Administration^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

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

Chapter I

GENERAL PROVISIONS

Article 1. Administrative units

1. Administrative units of the Socialist Republic of Vietnam are organized into 2 tiers, including:

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

b/ Communes, wards and special zones attached to provincial-level administrative units (below collectively referred to as commune-level administrative units).

Communes are administrative units in rural areas; wards are administrative units in urban areas; special zones are administrative units in islands with important locations that are established in conformity with geographical and natural conditions, population characteristics, and socio-economic development and national defense and security maintenance requirements.

2. Special administrative-economic units are localities with strategic locations that are organized after a special model, and entitled to the application of exceptionally preferential mechanisms and policies, and implementation of new policies on local governance, investment attraction, and improvement of national competitiveness, in order to promote socio-economic development of localities, regions and the whole country. Special administrative-economic units shall be established under the National Assembly’s decisions.

Article 2. Organization of local administrations

1. The local administration in an administrative unit specified in Clause 1, Article 1 of this Law, except the administrative units specified in Article 28 of this Law, is a local administration tier consisting of the People’s Council and the People’s Committee.

2. The National Assembly shall provide local administrations in special administrative-economic units upon the establishment of these units.

Article 3. Classification of administrative units

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

2. The classification of administrative units shall be based on such criteria as population size, land area, socio-economic development conditions, and particular characteristics of each type of administrative unit in rural areas and urban areas and on islands under the Government’s regulations.

Article 4. Principles of organization and operation of local administrations

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

People’s Councils shall operate on a collective basis and make decisions by majority vote.

People’s Committees shall operate on a collective basis and make decisions by majority vote, while upholding the competence and responsibility of Chairpersons of People’s Committees.

2. Local administrations shall be organized in an elite, streamlined, efficient and effective manner, meeting the requirements of professional and modern local governance, ensuring the effective application of information technology and digital transformation in the organization and operation of local administrations, and ensuring accountability in association with the power control mechanism.

3. Guaranteeing human rights and citizens’ rights; building local administrations that are close to the people, serve the people, bring into play the people’s right to mastery, and submit to the people’s inspection and supervision; fully implementing the mechanism of social criticism by Vietnam Fatherland Front Committees and socio-political organizations in localities.

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

5. Ensuring that local administrations shall decide on, and organize the implementation of, affairs falling under their competence; bringing into play the autonomy and accountability of local administrations.

6. Clearly defining the competence between central-level state agencies and local administrations; and between provincial-level administrations and commune-level administrations.

Article 5. People’s Councils

1. A People’s Council shall be composed of People’s Council deputies elected by local voters. The People’s Council is the state power body in the locality that represents the will, aspirations and right to mastery of the people, decides on important issues of the locality, oversees the observance of the Constitution and law, and oversees the operation of state agencies in the locality; and is held responsible to the local people and superior state agencies.

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

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

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

b/ Holding the Vietnamese citizenship as the sole citizenship;

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

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

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

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

4. The term of office of a People’s Council is 5 years, counting from the opening day of the first session of the People’s Council of the current term of office to the opening day of the first session of the People’s Council of the new term of office. The shortening or extension of the term of office of People’s Councils shall be decided by the National Assembly at the proposal of the National Assembly Standing Committee.

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

Article 6. People’s Committees

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

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

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

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

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

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

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

4. Local administrations shall receive, settle, and respond to, recommendations of Vietnam Fatherland Front Committees and socio-political organizations in localities regarding administration building; and receive, settle, and respond to, the local people’s opinions and recommendations summarized and sent by Vietnam Fatherland Front Committees.

Chapter II

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

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

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

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

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

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

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

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

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

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

c/ Meeting national defense, security and social order and safety maintenance requirements; particularly, the establishment of special zones on islands must also ensure the firm protection of the country’s independence, sovereignty and territorial integrity in the maritime zones and on islands, and help bring into full play advantages and potential of the marine economy, attract people to reside in special zones, and comply with guidelines of competent authorities;

d/ Ensuring solidarity and equality among the ethnic groups, and conformity with local historical and cultural traditions; ensuring convenience for the people;

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

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

a/ The dissolution aims to meet socio-economic development and national defense and security maintenance requirements of the concerned locality or the country;

b/ The existence of the administrative unit is affected by changes in geographical or topographical factors;

c/ The administrative unit is reorganized in conformity with orientations set by competent authorities and relevant regulations.

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

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

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

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

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

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

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

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

c/ A report summarizing opinions of the people, the People’s Council and related agencies and organizations;

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

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

4. Based on opinions of the people, the scheme-formulating agency shall finalize the scheme. A scheme on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of a provincial-level administrative unit shall be sent to the provincial-level People’s Council for consideration and opinion. A scheme on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of a commune-level administrative unit shall be sent to the provincial-level People’s Council and the commune-level People’s Councils in related administrative units for consideration and opinion.

5. The scheme on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of the administrative unit that is formulated by the provincial-level People’s Committee must undergo appraisal before being submitted to the Government, and must undergo verification before being submitted to the National Assembly or the National Assembly Standing Committee for consideration and decision.

6. The formulation of schemes on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of administrative units and the procedures for considering and approving such schemes must comply with regulations of the National Assembly Standing Committee; procedures for considering and approving schemes on the establishment, dissolution, merger, division, adjustment of boundaries, or renaming of provincial-level administrative units at the National Assembly’s sessions must comply with the National Assembly’s regulations.

Chapter III

DEFINITION OF COMPETENCE OF LOCAL ADMINISTRATIONS AT ALL LEVELS

Article 11. Definition of competence of local administrations

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

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

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

b/ Stepping up the delegation or decentralization of tasks and powers of central-level state agencies to local administrations; clearly defining the competence of People’s Committees and the competence of Chairpersons of People’s Committees at provincial and commune levels, ensuring that there is no overlap of tasks and powers between central-level state agencies and local-level state agencies, among local administrations at different levels, or among agencies and organizations of local administrations;

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

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

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

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

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

Based on reality, a central-level competent state agency shall assign the local administration of one of related provincial-level administrative units to assume the prime responsibility for settling matters that involve 2 or more provincial-level administrative units each; a provincial-level administration shall assign the local administration of one of related related commune-level administrative units to assume the prime responsibility for settling matters that involve 2 or more commune-level administrative units each, thereby promoting the state management efficiency and effectiveness and better serving citizens and enterprises.

3. The power delegation or decentralization and definition of tasks and powers of local administrations and agencies of local administrations in legal documents must comply with this Law, and ensure the effective control of the state power. When necessary, provincial-level People’s Committees or Chairpersons of provincial-level People’s Committees shall direct and administer the settlement of matters falling within the ambit of tasks and powers of specialized agencies or other administrative organizations under the provincial-level People’s Committees or within the ambit of tasks and powers of commune-level People’s Committees or Chairpersons of commune-level People’s Committees, avoiding the delayed or inefficient settlement of matters and administrative procedures for citizens and enterprises.

Article 12. Delegation of powers

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

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

3. Provincial-level People’s Committees may propose the Government to request the National Assembly to delegate powers to competent agencies, organizations and individuals in localities to perform/exercise their tasks/powers in conformity with the capacity and practical conditions of localities.

The Government shall consider and settle proposals of provincial-level People’s Committees. In case of refusal to do so, they shall issue a written reply, stating the reason.

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

Article 13. Decentralization

1. Provincial-level People’s Councils shall decentralize same-level People’s Committees and commune-level People’s Councils; provincial-level People’s Committees and Chairpersons of provincial-level People’s Committees may decentralize specialized agencies or other administrative organizations under provincial-level People’s Committees, or decentralize commune-level People’s Committees or Chairpersons of commune-level People’s Committees to perform/exercise one or several of the former’s tasks/powers on a regular and continuous basis in accordance with law, unless the decentralization is not allowed by law.

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

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

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

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

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

Competent agencies, organizations, units and individuals in localities may propose provincial-level People’s Councils, provincial-level People’s Committees or Chairpersons of provincial-level People’s Committees to decentralize the former to perform/exercise tasks/powers in conformity with their capacity if they meet financial and human resource requirements and other necessary conditions.

6. The Government, the Prime Minister, ministers, heads of ministerial-level agencies, and provincial-level People’s Councils or People’s Committees or Chairpersons of provincial-level People’s Committees shall consider and settle the proposals of the agencies, organizations, units and individuals specified in Clause 5 of this Article after receiving them; in case of refusal, they shall issue a written reply, stating the reason.

7. In case it is necessary to make changes in the provisions of superior state agencies’ legal documents on procedures and competence in order to facilitate the decentralization under this Article, provincial-level People’s Councils or People’s Committees or Chairpersons of provincial-level People’s Committees shall revise such provisions to facilitate the performance/exercise of the decentralized tasks/powers, ensuring satisfaction of administrative reform requirements toward reducing administrative procedures, stepping up the application of information technology and digital transformation in the settlement of administrative procedures, and refrain from requiring additional dossier components and making additions to the currently applied requirements, conditions or processing time.

Chairpersons of provincial-level People’s Committees shall publicize revisions in administrative procedures as specified in this Clause in accordance with law and summarize and report on the revision of procedures and competence for the performance/exercise of the decentralized tasks/powers in localities to central-level state management agencies in charge of relevant sectors and fields. 

Article 14. Authorization

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

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

2. The authorization must satisfy the following conditions:

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

b/ Authorization must conform with the capacity and performance ability of the authorized agency, organization, unit or individual.

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

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

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

6. In case it is necessary to make changes in the provisions of superior state agencies’ legal documents on procedures and competence in order to facilitate the authorization under this Article, provincial-level People’s Committees or Chairpersons of provincial-level People’s Committees shall revise such provisions; for other cases specified in Clause 1 of this Article, the authorizing agency, organization or individual shall request the Chairperson of the provincial-level People’s Committee to revise such provisions to facilitate the performance/exercise of the authorized tasks/powers, ensuring satisfaction of administrative reform requirements toward reducing administrative procedures, stepping up the application of information technology and digital transformation in the settlement of administrative procedures, and refrain from requiring additional dossier components and making additions to the currently applied requirements, conditions or processing time.

Chairpersons of provincial-level People’s Committees shall publicize the revised administrative procedures specified in this Clause in accordance with law and summarize and report on the revision of procedures and competence for the performance/exercise of the authorized tasks/powers in localities to central-level state management agencies in charge of relevant sectors and fields.

7. The authorized agency, organization, unit or individual may use documents and seal of its own or of his/her agency, organization or unit for the performance of the authorized tasks, except the cases specified in Clauses 8 and 9 of this Article.

8. Civil servants of commune-level People’s Committees who are authorized by Chairpersons of commune-level People’s Committees to perform/exercise several tasks/powers and assigned to sign documents under authorization may use seals of commune-level People’s Committees.

Provincial-level People’s Councils shall provide in detail the scope of tasks/powers that may be authorized to civil servants of commune-level People’s Committees under this Clause.

9. In case the head of an agency/organization signs documents of the agency/organization on behalf of the latter’s leadership; a deputy head signs documents on behalf of the head of the agency/organization; the head authorizes his/her deputy head or the head of a subordinate agency/organization/unit performing/exercising several tasks/powers to sign documents by authorization, the Government’s regulations on clerical work shall apply.

Chapter IV

TASKS AND POWERS OF LOCAL ADMINISTRATIONS

Section 1

TASKS AND POWERS OF LOCAL ADMINISTRATIONS IN PROVINCES

Article 15. Tasks and powers of a provincial People’s Council

1. Regarding the organization of and security for the enforcement of the Constitution and law:

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

b/ To decide on strategies, mechanisms and policies for socio-economic development, sector-based development and private economy development; and breakthroughs in the development of science, technology, innovation and digital transformation of the locality;

c/ Based on the Party’s guidelines, to decide on the pilot application of particular and special policies not yet regulated by law for promoting socio-economic development in the locality in conformity with the local budget’s fund-balancing capacity after reporting to and obtaining permission of the Prime Minister; to decide on budget expenditure regimes for a number of particular spending tasks in the locality in accordance with the Law on the State Budget;

d/ To adopt resolutions on matters falling under tasks and powers of the provincial People’s Council; to annul, amend and supplement or replace documents the People’s Council has promulgated if such documents are found no longer appropriate or found unlawful;

dd/ To terminate the implementation or annul part or the whole of unlawful documents promulgated by the same-level People’s Committee or Chairperson of the same-level People’s Committee; to annul part or the whole of unlawful documents promulgated by commune-level People’s Councils;

e/ To dissolve a commune-level People’s Council in case it causes serious damage to the people’s interests and submit the dissolution to the National Assembly Standing Committee for ratification.

2. Regarding organizational apparatus and administration building:

a/ To decide on payrolls of cadres and civil servants in agencies of the provincial administration and total payrolls of cadres and civil servants of commune-level administrations and number of the state budget-salaried staff in public non-business units under the locality’s management, based on the payroll quotas allocated by competent authorities in accordance with law;

b/ To decide on funding sources for contracting the performance of a number of tasks of civil servants in accordance with the law on cadres and civil servants; to decide on allowance levels for and total number of part-time personnel of the locality who are entitled to allowances from the state budget of the locality; to decide on policies on attraction, employment and preferential treatment of talented people and high-quality human resources in civil service activities in the locality in conformity with local conditions and budget capacity in accordance with law;

c/ To decide on the establishment, reorganization, renaming or dissolution of specialized agencies and other administrative organizations under the provincial People’s Committee in accordance with law;

d/ To consider, and give opinions on, the establishment, dissolution, merger or division of administrative units, and adjustment of boundaries and renaming of provincial- and commune-level administrative units in the locality;

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

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

g/ To elect, relieve from duty or remove from office the Chairperson and Vice Chairpersons of the People’s Council, and Heads of Boards of the People’s Council of the province; and the Chairperson, Vice Chairpersons and members of the provincial People’s Committee; to elect, relieve from duty or remove from office people’s assessors in accordance with law;

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

3. Regarding planning, finance, budget, investment and inter-regional connectivity:

a/ To approve provincial master plans before submitting them to the Prime Minister for consideration and approval; to decide on the province’s 5-year and annual socio-economic development plans, and sector-based development master plans and plans of the locality, ensuring their conformity and consistency with national-level, regional and provincial master plans approved by competent authorities;

b/ To decide on mechanisms, policies and measures related to the locality’s finance, budget and investment; and charges and fees; to decide on guidelines and measures to mobilize, manage and use funding sources for development investment; to decide on the borrowing of capital in accordance with law;

c/ To decide on distribution of revenue sources and spending tasks between the provincial budget and commune-level budgets; state budget revenue estimates in the locality; local budget revenue-expenditure estimates and plans on allocation of the province’s budget; to adjust local budget estimates when necessary; to approve final accounts of local budgets; to decide on local budget expenditure regimes, standards and norms and other matters in accordance with the law on the state budget;

d/ To decide on investment policy for local programs and projects in accordance with the law on public investment and the law on investment in the form of public-private partnership;

dd/ To decide on the policy and measures to promote regional connectivity and cooperation among provinces and cities according to its competence.

4. Regarding science, technology, information, innovation and digital transformation:

a/ To decide on policies and measures to develop science, technology and information and promote innovation and digital transformation in the locality in accordance with law;

b/ To decide on policies and measures to promote research and application of advanced science and technology; and bring into play initiatives and technical innovations in the locality in accordance with law.

5. Regarding land, natural resources, environment, and agro-forestry-fisheries:

a/ To decide on policies and measures on management and use of land and natural resources, environmental protection, climate change response, and disaster preparedness; development of agriculture, rural areas, forestry and fisheries in the locality in accordance with law;

b/ To approve provincial land use master plans before submitting them to competent agencies for approval; to approve land recovery and land and forest repurposing according to its competence; to decide on land price lists in accordance with the land law.

6. Regarding trade, services, tourism, industry, construction, transport, urban development, and urban and rural infrastructure:

a/ To decide on policies and measures to develop trade, services and tourism of the locality in accordance with law;

b/ To decide on policies and measures to develop industry, construction, transport, urban areas, and urban and rural infrastructure of the locality in accordance with law.

7. Regarding education, health, labor, culture, social affairs, physical training and sports:

a/ To decide on policies and measures on education development, health and social security assurance of the locality in accordance with law;

b/ To decide on policies and measures to conserve, and promote the values of, cultural heritage in the locality; and develop culture, social affairs, physical training and sports in the locality in accordance with law;

c/ To decide on policies and measures on people’s health protection and care; protection of and care for children, the elderly, people with disabilities, the poor, helpless orphans and other policy beneficiaries in the locality;

d/ To decide on policies and measures on epidemic prevention and control; and measures to implement population policies in the locality in accordance with law;

dd/ To decide on policies and measures on human resource management and development, job generation, improvement of productivity and working conditions, and assurance of occupational safety and health in accordance with law.

8. To decide on measures to implement policies on ethnic and religious affairs; measures to secure the performance of national defense, security and social order and safety maintenance tasks and prevent and combat crimes and other violations; measures to perform external affairs tasks; measures to protect assets of the State, organizations and individuals, and guarantee human rights and citizens’ rights; and measures to practice thrift, combat waste, and prevent and combat corruption and negative practices in the locality in accordance with law.

9. To oversee the compliance with the Constitution and law in the locality and the implementation of resolutions of the provincial People’s Council; to supervise the operation of the Standing Body and Boards of the provincial People’s Council, the provincial People’s Committee, People’s Court, People’s Procuracy and other agencies in the locality.

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

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

1. To formulate and submit to provincial People’s Councils for consideration and promulgation resolutions to perform the tasks and exercise the powers specified at Points a, b and c, Clause 1; Points a, b, c, d and dd, Clause 2; and in Clauses 3, 4, 5, 6, 7 and 8, Article 15 of this Law, and organize the implementation of resolutions of provincial People’s Councils.

2. To organize the implementation of the Constitution and law, documents of superior state agencies, and resolutions of provincial People’s Councils, ensuring the uniformity and uninterruptedness of the national administration system; to ensure conditions on material foundations, human resources and other necessary resources for the implementation of the Constitution and law in the localities.

3. To organize the state administrative management in the localities, ensuring the uniformity, uninterruptedness, continuity, effectiveness, efficiency, democracy, rule of law, professionalism, modernity, integrity, publicity and transparency of the administrative system that serves the people and submits to the people’s inspection and supervision.

4. To decide on urban and rural development master plans, programs and plans; to assume the prime responsibility for, and coordinate with central-level state agencies and other localities in, promoting regional connectivity and connectivity and cooperation among provinces and cities according to their competence; to organize the implementation of regional master plans, ensuring the uniformity of the economy.

5. To make specific decisions on a number of budget expenditure regimes, standards and norms as assigned by provincial People’s Councils; to decide to allocate or assign expenditure estimates for items not yet allocated with specific expenditure estimates; to decide on adjustment of local budget estimates and other contents in accordance with the law on the state budget.

6. To define functions, tasks, powers and organizational structures of their specialized agencies and other administrative organizations; to decide on establishment, reorganization, renaming, dissolution, and define the organizational apparatuses, tasks and powers, of their public non-business units in accordance with law.

7. To manage payrolls of cadres and civil servants in administrative agencies of local administrations at all levels, and the number of the state budget-salaried staff in public non-business units under localities’ management in accordance with law.

8. To decide on the number of Vice Chairpersons of the People’s Committee of each commune-level administrative unit, ensuring that the total number of Vice Chairpersons of a commune-level People’s Committee in a locality does not exceed the frame total number specified by the Government.

9. To promulgate their own Working Regulations. 

10. To issue decisions and other administrative documents on issues falling under their tasks and powers; to annul, amend, supplement or replace documents they have promulgated when finding that such documents are no longer appropriate or are unlawful.

11. Based on the practical situation and provisions of law, to step up the decentralization or authorization of their tasks and powers to commune-level People’s Committees or Chairpersons of commune-level People’s Committees in order to raise the capacity, autonomy and accountability of commune-level administrations, improve the effectiveness and efficiency of the state management work, promote local socio-economic development, and manage and develop urban centers and special zones.

12. To perform tasks and exercise powers decentralized or authorized to them and other tasks and powers in accordance with law.

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

1. To lead and administer affairs of the People’s Committees; to convene and chair sessions of the People’s Committees.

2. To lead and direct the performance of the tasks of implementing the Constitution and law, and documents of superior state agencies and provincial People’s Councils and People’s Committees.

3. To lead, and take responsibility for, the operation of the state administrative apparatus in the localities, ensuring the uniformity and uninterruptedness of the administrative system; for the implementation of administrative reform and reform of civil duties and civil servants in the system of state administrative agencies in the localities; to efficiently carry out the application of information technology and digital transformation in the operation of provincial local administrations and commune-level local administrations in settling administrative procedures and providing public services in the localities in accordance with law.

4. To lead, direct, urge and inspect the work of specialized agencies and other administrative organizations of provincial People’s Committees, and commune-level People’s Committees and Chairpersons of commune-level People’s Committees.

5. To direct and organize the implementation of local budget estimates; to manage and efficiently use financial resources, budget sources, public assets and infrastructure of the localities under their management in accordance with law.

6. To direct and organize the performance of socio-economic development tasks and the development of sectors, fields, urban centers, private economy, science and technology, and innovation and digital transformation in the localities; to organize the state management in the localities of the fields of finance, investment, land, agriculture, natural resources, the environment, trade, services, industry, construction, transport, education, health, law making, judicial administration, judicial assistance, legal affairs, home affairs, labor, information, culture, social affairs, tourism, and physical training and sports in the localities in accordance with law.

7. To direct and organize the performance of external affairs tasks in accordance with law.

8. To direct and organize the performance of national defense, security, and social order and safety tasks in the localities in accordance with law; to build the all-people national defense system and the people’s security posture; to build militia and self-defense forces, mobilization reserve force, and the force participating in the protection of security and order at the grassroots level, and implement regimes and policies for these forces in the localities in accordance with law.

9. To direct, and take responsibility for, performance of the tasks of protecting assets of agencies and organizations and protecting life, health, freedom, honor, dignity, assets and other lawful rights and interests of citizens, and guaranteeing human rights; to prevent and combat crimes and other acts of law violation in the localities in accordance with law.

10. To direct the implementation of policies on ethnic and religious affairs in the localities; to preserve and promote cultural identities of ethnic minority people and religious followers in the localities in accordance with law.

11. To direct and organize the implementation of national-level master plans, regional master plans, provincial master plans, sector-based plans, and provincial-level socio-economic development plans approved by competent authorities in the localities; to manage industrial parks and economic zones in the localities in accordance
with law.

12. To direct, and take responsibility for, ensuring social security and implementing preferential policies toward people with meritorious contributions to the revolution and social protection beneficiaries; to manage higher education institutions, vocational education institutions, upper secondary education institutions, health establishments and social welfare establishments under the localities’ management in accordance with law.

13. To direct, and take responsibility for, the recruitment, employment and management of civil servants and public employees, the use and development of human resources, labor, employment and social insurance in the localities in accordance with law; to decide on appointment, relief from duty, transfer, dismissal, commendation or disciplining of heads and deputy heads of specialized agencies, other administrative organizations and public non-business units of their People’s Committees.

14. To direct and promptly address emergency situations related to disasters, epidemics and catastrophes in the localities; to decide on application of other urgent measures in accordance with law or falling beyond their competence in case of extreme necessity in the national interest, or for the purposes of disaster preparedness, epidemic prevention and control, and assurance of lives and assets of the people in the localities, then report them to the competent agencies of the Party and to the Prime Minister as soon as possible.

15. To direct the inspection, examination, provision of guidance, and handling of violations in the implementation of the Constitution and law and documents of superior state agencies in the localities.

16. To direct and organize the reception of citizens, settlement of complaints and denunciations, prevention and combat of corruption, waste and negative practices in the operation of the state administrative apparatus and socio-economic activities in the localities in accordance with law.

17. To approve results of the election, relief from duty or removal from office and to decide on the transfer or dismissal of Chairpersons and Vice Chairpersons of commune-level People’s Committees; to assign acting Chairpersons of commune-level People’s Committees; to decide on the suspension from work of Vice Chairpersons of provincial People’s Committees and Chairpersons of commune-level People’s Committees; to decide on appointment, transfer, suspension from work or dismissal of heads of specialized agencies and other administrative organizations of provincial People’s Committees, and heads of public non-business units of provincial People’s Committees.

18. To promulgate decisions, directives and other administrative documents on issues falling under their tasks and powers; to annul, amend, supplement or replace documents they have promulgated if finding that such documents are no longer appropriate or are unlawful.

19. To terminate the implementation, or annul part or the whole, of unlawful documents promulgated by specialized agencies of provincial People’s Committees and unlawful documents promulgated by commune-level People’s Committees or Chairpersons of commune-level People’s Committees.

20. To terminate the implementation of unlawful documents promulgated by commune-level People’s Councils and report such to provincial People’s Committees for proposing provincial People’s Councils to annul such documents.

21. To decide, on behalf of provincial People’s Committees, on issues falling under the competence of provincial People’s Committees, except the contents specified in Clause 2, Article 40 of this Law, and report thereon to provincial People’s Committees at upcoming sessions.

22. Based on the practical situation, to intensify the decentralization of their powers and authorization of their tasks to commune-level People’s Committees and Chairpersons of commune-level People’s Committees in order to improve the efficacy, effectiveness and efficiency of the state management work, thereby promoting local socio-economic development, and manage and develop urban centers and special zones.

23. To perform tasks and exercise powers decentralized or authorized to them and other tasks and powers in accordance with law.

Section 2

TASKS AND POWERS OF LOCAL ADMINISTRATIONS IN CITIES

Article 18. Tasks and powers of municipal People’s Councils

Municipal People’s Councils shall perform the tasks and exercise the powers specified in Article 15 of this Law and the following tasks and powers:

1. To decide on strategies, mechanisms, policies and measures to promote socio-economic development, develop urban centers, urban infrastructure, sectors and fields in the localities in accordance with law;

2. To decide on measures to bring into full play the role of major cities as socio-economic centers in relationships with localities in areas and regions and nationwide in accordance with law;

3. To approve land use plans of the cities in case provincial-level land-use master plans are not required before submitting them to competent agencies for approval;

4. To decide on measures to manage municipal residents and organize the urban residential life in accordance with law;

5. To decide on policies and measures to manage environmental quality and sustainable development, control pollution, and develop urban green spaces in accordance with law.

Article 19. Tasks and powers of municipal People’s Committees

Municipal People’s Committees shall perform the tasks and exercise the powers specified in Article 16 of this Law and the following tasks and powers:

1. To formulate and submit to municipal People’s Committees for consideration and promulgation resolutions to perform the tasks and exercise the powers specified in Clauses 1, 2, 3, 4 and 5, Article 18 of this Law, and organize the implementation of resolutions of municipal People’s Councils;

2. To decide on development of spaces, and technical and social infrastructure facilities toward sustainable development and in conformity with positions and roles of the cities in the national urban system according to their competence;

3. To decide to transfer a number of law-specified functions, tasks and powers of specialized agencies under municipal People’s Committees to specialized agencies and other administrative organizations of municipal People’s Committees or subordinate commune-level People’s Committees.

Article 20. Tasks and powers of Chairpersons of municipal People’s Committees

Chairpersons of municipal People’s Committees shall perform the tasks and exercise the powers specified in Article 17 of this Law and the following tasks and powers:

1. To direct and organize the implementation of master plans, programs and plans on development of urban centers and urban infrastructure in the localities; and the use of urban land areas to serve the construction of urban infrastructure facilities in accordance with law;

2. To decide on programs and projects on development of urban economy, commerce, services, industry, high technology and spearhead economic sectors as appropriate to urban particularities in accordance with law;

3. To direct the implementation of policies on population, and immigration and labor management in the cities;

4. To perform the tasks of managing and protecting urban spaces, architecture and landscapes; to organize and direct the performance of the tasks of ensuring public order and traffic safety and mitigating traffic congestion;

5. To direct and organize the construction and operation of smart cities, application of information technology and digital transformation in urban management and administration according to their competence.

Section 3

TASKS AND POWERS OF LOCAL ADMINISTRATIONS IN COMMUNES

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

1. In organizing and securing the implementation of the Constitution and law:

a/ To decide on measures to secure the implementation of the Constitution and law, and documents of superior state agencies in the localities;

b/ To decide on policies and measures to promote socio-economic development, develop sectors, fields and private economy, create breakthroughs in the development of science and technology, innovation and digital transformation in the localities in accordance with law;

c/ To adopt resolutions on issues falling under their tasks and powers; to annul, amend, supplement or replace documents they have promulgated when finding that such documents are no longer appropriate or are unlawful;

d/ To terminate the implementation, or annul part or the whole, of unlawful documents promulgated by commune People’s Committees and Chairpersons of commune People’s Committees.

2. In the fields of apparatus organization and administration building:

a/ To decide on establishment, reorganization, renaming or dissolution of specialized agencies and other administrative organizations of commune People’s Committees in accordance with law;

b/ Based on targets assigned by provincial-level administrations, to decide on specific payrolls for cadres and civil servants in agencies of commune administrations, number of the state budget-salaried staff in public non-business units in the localities under their management;

c/ To consider, and give their opinions on, the establishment, dissolution, merger or division of administrative units, adjustment of boundaries, and renaming of administrative units at the commune level;

d/ To decide on the establishment, reorganization, dissolution, naming or renaming of villages in accordance with law; to decide on the specific number of part-time personnel who are entitled to allowances from the state budget in the localities under regulations of provincial-level administrations;

dd/ To issue the Working Regulations of the People’s Councils, Standing Bodies and Boards of the People’s Councils, , People’s Council Deputies’ Groups and People’s Council deputies at the commune level;

e/ To elect, relieve from duty or remove from office the Chairpersons and Vice Chairpersons of the People’s Councils, Heads of Boards of the People’s Councils at the commune level, and Chairpersons, Vice Chairpersons and Members of same-level People’s Committees;

g/ To remove from office People’s Council deputies and approve the relief of People’s Council deputies at the commune level from performing the duties of People’s Council deputies in accordance with law.

3. In the fields of planning, investment, finance, budget, connectivity and cooperation among commune-level administrative units:

a/ To decide on 5-year and annual socio-economic development plans of their communes, plans on development of sectors and fields, detailed master plans on infrastructure construction and transport in the localities, ensuring their conformity and consistency with master plans and plans of provincial-level administrations and commune-level general master plans approved by competent authorities;

b/ To decide on state budget revenue estimates in the localities; local budget revenue and expenditure estimates and allocation of commune budget estimates; to adjust commune budget estimates in case of necessity; to approve final accounts of commune budgets and other contents in accordance with the law on the state budget;

c/ To decide on investment policy for locality-based programs and projects in accordance with the law on public investment; to decide on measures to mobilize the people’s contributions for the construction of infrastructure, transport, and public and welfare works in the localities in accordance with law;

d/ To decide on measures to promote connectivity and cooperation among commune-level administrative units;

dd/ To decide on programs and measures to support the development of household economy, and production and business establishments in the localities in accordance with law.

4. In the fields of science, technology, information, innovation and digital transformation:

a/ To decide on measures, programs and schemes on development of science, technology, information, innovation and digital transformation in the localities;

b/ To decide on measures to build digital local administrations, digital economy and digital society in the localities; measures to intensify the application of information technology and digital transformation in operations of commune administrations and provide public services to the people and enterprises in the localities in accordance with law.

5. In the fields of land, natural resources, environment, agriculture, forestry, fisheries, industry, commerce, services, tourism, construction and transport:

a/ To approve commune-level land-use master plans and plans before submitting them to provincial-level People’s Committees for approval;

b/ To decide on measures to manage and efficiently use land, water resources and forests and protect the environment in the localities under relevant master plans and plans and regulations; and measures to perform the tasks of disaster preparedness and epidemic prevention and control in the localities;

c/ To decide on measures to develop agriculture, rural areas, forestry, fisheries, industry, commerce, services, tourism, construction and transport; and measures to implement the national target program to build a new-style countryside in the localities.

6. In the fields of education, health, culture, social affairs, physical training and sports:

a/ To decide on measures to develop early childhood, primary and lower secondary education; to provide primary health care for the people; to develop culture, social affairs, physical training and sports in the localities in accordance with law;

b/ To decide on measures to implement policies on social security, sustainable poverty reduction, employment, protection of and care for children, the elderly, people with disabilities and other policy beneficiaries in the localities in accordance with law.

7. In the fields of national defense, security, and ethnic and religious affairs:

a/ To decide on measures to secure the performance of national defense, security, and social order and safety maintenance tasks; to build militia and self-defense forces in the localities in accordance with law;     

b/ To decide on measures to implement ethnic and religious policies; to conserve and promote cultural identities of ethnic minority people and religious followers in the localities in accordance with law.

8. To supervise the observance of the Constitution and law in the localities and the implementation of resolutions of commune People’s Councils; to supervise the operation of Standing Bodies and Boards of commune People’s Councils, commune People’s Committees and other local agencies.

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

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

1. To formulate and submit to commune People’s Councils for consideration and adoption resolutions to perform the tasks and exercise the powers specified at Points a and b, Clause 1; Points a, b, c and d, Clause 2; and in Clauses 3, 4, 5, 6 and 7, Article 21 of this Law, and organize the implementation of resolutions of commune People’s Councils.

2. To organize the implementation of the Constitution and law, documents of superior state agencies and resolutions of commune People’s Councils in the localities; to ensure conditions on physical foundations, human resources and other necessary resources for the implementation of the Constitution and law in the localities.

3. To perform the state administrative management in the localities, ensuring uniformity, uninterruptedness, continuity, effectiveness, efficiency, democracy, rule of law, professionalism, modern governance, integrity, publicity and transparency of the administrative system that serves the people and submits to the people’s inspection and supervision.

4. To decide on allocation and assignment of expenditure estimates for items for which specific expenditure estimates have not yet been allocated; to decide on adjustment of commune-level budget estimates and other contents in accordance with the law on the state budget.

5. To define tasks and powers of their specialized agencies and other administrative organizations; to decide on establishment, reorganization, renaming, dissolution, organizational structure, tasks and powers of their public non-business units in accordance with law.

6. To manage payrolls of cadres and civil servants in administrative agencies of commune-level administrations, the number of the state budget-salaried staff in public non-business units under their management; to manage the organization and operation of the forces participating in protecting security and order at the grassroots level and part-time personnel in the localities in accordance with law and as decentralized  by superior state agencies.

7. To decide according to their competence on commune-level detailed master plans; to ensure connectivity and cooperation among commune-level administrative units in accordance with law.

8. To issue their own Working Regulations.

9. To issue decisions and other administrative documents on issues falling under their tasks and powers; to annul, amend, supplement or replace documents they have promulgated when finding that such documents are no longer appropriate or are unlawful.

10. To perform tasks and exercise powers decentralized or authorized to them and other tasks and powers in accordance with law.

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

1. To lead and administer the work of the People’s Committees; to convene and chair meetings of the People’s Committees;

2. To lead and direct the tasks of implementing the Constitution and law, and documents of superior state agencies and commune People’s Councils and People’s Committees; to carry out inspection and handle violations in the course of implementation of the Constitution and law in the localities;

3. To lead, and take responsibility for, the operation of the state administrative apparatus in the localities, ensuring uniformity and uninterruptedness of the administrative system; for administrative reform, and reform of civil service and civil servant affairs in state administrative agencies in the localities; to efficiently carry out the application of information technology and digital transformation in the operation of commune administrations and in the settlement of administrative procedures and provision of public services in the localities in accordance with law.

4. To lead, direct, urge and inspect the work of their specialized agencies and other administrative organizations.

5. To direct and organize the implementation of local budget estimates; to manage and efficiently use investment capital sources, finance, budget sources, public assets and infrastructure assigned to them in the localities in accordance with law and as decentralized by provincial-level People’s Committees.

6. To direct and organize the performance of socio-economic development tasks and the development of sectors, fields, private economy, science and technology, innovation and digital transformation in the localities; to organize the state management of the fields of economy, land, agriculture, rural areas, natural resources, environment, commerce, services, industry, construction, transport, education, health, law making, judicial administration, judicial assistance, home affairs, labor, information, culture, social affairs, tourism, physical training and sports in the localities in accordance with law.

7. To direct and organize the performance of external affairs tasks and national defense, security, social order and safety assurance tasks in the localities in accordance with law; to protect assets of agencies and organizations and life, health, freedom, honor, dignity, assets and other lawful rights and interests of citizens, and guarantee human rights; to prevent and combat crimes and other acts of law violation in the localities in accordance with law.

8. To direct and organize the implementation of policies on ethnic and religious affairs; to preserve and promote cultural identities of ethnic minority people and religious followers in the localities in accordance with law.

9. To direct and organize the implementation of master plans approved by competent authorities in the localities; to manage marketplaces, trade centers, tourist sites, early childhood education institutions, primary education institutions, lower secondary education institutions, health establishments, and social welfare establishments under their competence; to preserve local cultural traditions, and manage cultural, sports and entertainment facilities in the localities in accordance with law.

10. To direct and organize the recruitment, employment and management of civil servants and public employees in the localities in accordance with law and as decentralized by superior state agencies; to decide on appointment, relief from duty, transfer or dismissal of heads and deputy heads of specialized agencies, other administrative organizations and public non-business units of commune People’s Committees; to decide on suspension from work of Vice Chairpersons of commune People’s Committees, and heads of specialized agencies, other administrative organizations and public non-business units of commune People’s Committees.

11. To direct the handling of, or promptly handle, emergency situations related to disasters, epidemics and catastrophes in the localities.

12. To take responsibility for the provision of essential public services in the localities regarding lighting power, water supply, wastewater and garbage treatment, environmental sanitation, and fire and explosion prevention and fighting in accordance with law.

13. To organize the reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption, waste and negative practices in the operation of commune administrations and in socio-economic activities in the localities in accordance with law.

14. To guide and inspect self-governance activities of villages in the localities in accordance with law.

15. To issue decisions and other administrative documents on issues falling under their tasks and powers; to annul, amend, supplement or replace documents they have promulgated when finding such documents are no longer appropriate or are unlawful.

16. To decide, on the behalf of commune People’s Committees, on issues falling under the latter’s competence, except those specified in Clause 2, Article 40 of this Law, and report them to commune People’s Committees at upcoming sessions.

17. To perform tasks and exercise powers decentralized or authorized to them and other tasks and powers in accordance with law.

Section 4

TASKS AND POWERS OF LOCAL ADMINISTRATIONS IN WARDS

Article 24. Tasks and powers of ward People’s Councils

Ward People’s Councils shall perform the tasks and exercise the powers specified in Clause 1; at Points a, b, c, dd, e and g, Clause 2; and in Clauses 3, 4, 5, 6, 7, 8 and 9, Article 21 of this Law, and the following tasks and powers:

1. To decide on measures to implement urban master plans, and develop technical infrastructure and social infrastructure in the localities in accordance with law, ensuring their conformity with urban development orientations and general master plans of provincial-level administrations;

2. To decide on measures to promote the development of urban economy, commerce, services, finance, high technology, and innovation as appropriate to urban characteristics in accordance with law;

3. To decide on establishment, reorganization, dissolution, naming or renaming of residential groups; to decide on the specific number of part-time personnel who are entitled to allowances from the state budget in the localities in accordance with regulations of provincial-level administrations.

Article 25. Tasks and powers of ward People’s Committees

Ward People’s Committees shall perform the tasks and exercise the powers specified in Article 22 of this Law and other following tasks and powers:

1. To formulate and submit to ward People’s Councils for consideration and adoption resolutions to perform the tasks and exercise the powers specified in Clauses 1, 2 and 3, Article 24 of this Law, and organize the implementation of resolutions of ward People’s Councils;

2. To implement connectivity and cooperation in economic development, urban infrastructure, transport and environment with administrations in adjacent wards as decentralized by provincial-level People’s Committees and as prescribed by law, ensuring synchronous, interconnected, unified and harmonious development of urban areas in the localities;

3. To collect charges and fees in the localities in accordance with law and as decentralized by provincial-level administrations;

4. To organize the implementation of policies to promote the development of urban economy, commerce, services, finance, science, technology, innovation, and digital transformation as appropriate to urban characteristics in accordance with law;

5. To organize the implementation of programs on urban renovation, embellishment and development in accordance with law and as decentralized by provincial-level People’s Committees.

Article 26. Tasks and powers of Chairpersons of ward People’s Committees

Chairpersons of ward People’s Committees shall perform the tasks and exercise the powers specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16 and 17, Article 23 of this Law and the following tasks and powers:

1. To direct and organize the implementation of urban and urban infrastructure development master plans, programs and plans in order to ensure synchronous, interconnected, unified and harmonious development of urban areas in the localities; and the use of urban land areas for the construction of urban infrastructure facilities as decentralized and as prescribed by law;

2. To direct and organize the implementation of measures to protect the urban environment, manage garbage and wastewater, control environmental pollution, and protect green spaces and urban ecosystems in accordance with law;

3. To direct, and take responsibility for, the management and maintenance of urban infrastructure facilities; to inspect the observance of law in the construction of houses and construction works in urban areas in accordance with law;

4. To direct and organize the implementation of measures to ensure security, order, crime prevention and combat, traffic safety, control of traffic congestion, fire and explosion prevention and fighting, and the safe living environment for urban residents in accordance with law;

5. To direct and organize the management of urban residents and the prevention and control of social evils in urban areas in accordance with law;

6. To perform the tasks of managing and protecting urban spaces, architecture and landscapes;

7. To guide and inspect self-governance activities of residential groups in the localities in accordance with law.

Section 5

TASKS AND POWERS OF LOCAL ADMINISTRATIONS IN SPECIAL ZONES

Article 27. Tasks and powers of local administrations in special zones

1. Local administrations in special zones shall perform the tasks and exercise the powers of local administrations in communes as specified in Section 3 of this Chapter.

In case a special zone is recognized as a graded urban center in accordance with law, its local administration shall perform the tasks and exercise the powers of the local administration in a ward as specified in Section 4 of this Chapter.

2. The definition of specific tasks and powers for local administrations in special zones in other legal documents must ensure the enhanced autonomy and accountability of state agencies in the localities, flexible and proactive response to emergency or unexpected events or situations in order to firmly defend national independence, sovereignty and territorial integrity in maritime zones and on islands, bring into full play advantages and potential of marine economy and international economic integration, thereby attracting people to live on, protect and develop islands.

3. Based on the ambit of their competence, provincial-level People’s Councils and People’s Committees and Chairpersons of provincial-level People’s Committees shall step up the decentralization and authorization of their tasks and powers to local administrations in special zones in island areas.

4. Based on socio-economic development and national defense and security assurance requirements and capacity of local administrations in special zones, provincial-level administrations shall propose the Government to submit to the National Assembly for consideration and decision special mechanisms and policies applicable to local administrations in special zones to serve socio-economic development and national defense and security assurance.

Article 28. Organization of local administrations in special zones in special cases       

1. In a special zone with less than 1,000 permanent residents, no local administration is organized. The People’s Committee of the special zone is a state administrative agency established under decision of the provincial-level People’s Committee and plays the role of the local administration in the special zone.

2. Tasks, powers, organization and operation of People’s Committees, Chairpersons of People’s Committees, specialized agencies and other administrative organization of People’s Committees of special zones specified in Clause 1 of this Article shall be defined by the Government in adherence to the principles set out in this Law.

Chapter V

ORGANIZATION AND OPERATION OF LOCAL ADMINISTRATIONS

Section 1

ORGANIZATION AND OPERATION OF PEOPLE’S COUNCILS

Article 29. Organizational structure of People’s Councils

1. A People’s Council is composed of the Standing Body of the People’s Council, Boards of the People’s Council, People’s Council Deputies’ Groups and People’s Council deputies.

2. The Standing Body of the People’s Council is the standing agency of the People’s Council and shall perform the tasks and exercise the powers specified in this Law, and tasks assigned by the People’s Council and under relevant regulations; and shall take responsibility before, and report its work to, the People’s Council.

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

The Chairperson or Vice Chairperson of a provincial- or commune-level People’s Council may be a full-time People’s Council deputy.

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

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

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

A commune-level People’s Council may establish the Economic-Budgetary Affairs Board and the Cultural-Social Affairs Board.

The People’s Council of a province or city with a large ethnic minority population may establish the Ethnic Minority Affairs Board;

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

c/ The Head and Deputy Head of a Board of a provincial- or commune-level People’s Council may be a full-time People’s Council deputy. The Head and Deputy Head of a Board of a People’s Council may not concurrently act as heads of specialized agencies of the same-level People’s Committee;

d/ Members of Boards of provincial-level People’s Councils may be full-time People’s Council deputies.

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

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

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

6. The National Assembly Standing Committee shall specify criteria and conditions for establishment of the Ethnic Minority Affairs Board of a provincial-level People’s Council; the number of Vice Chairpersons and the number of Deputy Heads of Boards of a provincial- or commune-level People’s Council, and the appointment of full-time provincial- or commune-level People’s Council deputies.

Article 30. Number of People’s Council deputies

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

a/ A province with a population of 1,000,000 or less may elect 50 deputies; and that with a population exceeding 1,000,000 may additionally elect one deputy for every additional 70,000 people, but the total number of deputies must not exceed 85;

b/ A city with a population of 1,200,000 or less may elect 50 deputies; and that with a population exceeding 1,200,000 may additionally elect one deputy for every additional 75,000 people, but the total number of deputies must not exceed 85;

c/ Hanoi city and Ho Chi Minh City may elect 125 deputies each.

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

a/ A mountainous or island commune with a population of 5,000 or less may elect 15 deputies; that with a population of between over 5,000 and 10,000 may additionally elect one deputy for every additional 1,000 people; and that with a population exceeding 10,000 may additionally elect one deputy for every additional 3,000 people, but the total number of deputies must not exceed 30;

b/ A commune other than that specified at Point a of this Clause with a population of 10,000 or less may elect 15 deputies; that with a population of between over 10,000 and 20,000 may additionally elect one deputy for every additional 2,000 people; and that with a population exceeding 20,000 may additionally elect one deputy for every additional 6,000 people, but the total number of deputies must not exceed 30;

c/ A province’s ward with a population of 10,000 or less may elect 15 deputies; that with a population of over 10,000 and 20,000 may additionally elect one deputy for every additional 2,000 people; and that with a population exceeding 20,000 may additionally elect one deputy for every additional 6,000 people, but the total number of deputies must not exceed 30;

d/ A city’s ward with a population of 15,000 or less may elect 15 deputies; that with a population of over 15,000 and 45,000 may additionally elect one deputy for every additional 6,000 people; and that with a population exceeding 45,000 may additionally elect one deputy for every additional 7,000 people, but the total number of deputies must not exceed 30;

dd/ A special zone with a population of 5,000 or less may elect 15 deputies; that with a population of over 5,000 and 10,000 may additionally elect one deputy for every additional 1,000 people; and that with a population of over 10,000 may additionally elect one deputy for every additional 3,000 people, but the total number of deputies must not exceed 30.

 Article 31. Tasks and powers of the Standing Body of the People’s Council

1. To discuss and decide on matters falling under its competence as prescribed by law and tasks assigned by the People’s Council.

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

3. To urge and oversee the implementation of resolutions of the People’s Council by the People’s Committee and other local agencies.

4. To oversee the implementation of the Constitution and law in the locality.

5. To direct, regulate and coordinate activities of Boards of the People’s Council; to consider the results of oversight activities of Boards of the People’s Council when deeming it necessary and report thereon to the People’s Council at the upcoming session; to maintain contact with deputies of the People’s Council; to synthesize questions of deputies of the People’s Council for reporting to the People’s Council; to request agencies, organizations and individuals to give explanations on matters related to the tasks and powers of the Standing Body of the People’s Council at meetings of the Standing Body of the People’s Council.

6. To organize the reception of citizens by deputies of the People’s Council in accordance with law; to urge, oversee and review the settlement of citizens’ petitions, complaints and denunciations; to synthesize opinions, proposals and petitions of the people for reporting at sessions of the People’s Council.

7. To decide on the number of members of the Boards of the People’s Council. To approve the list of Vice Chairpersons and Members of Boards of the People’s Council from among deputies of the People’s Council, and approve the cessation from holding office of such persons, at the proposal of the Heads of the Boards of the People’s Council.

8. To approve the results of election, relief from duty and removal from office of the Chairperson and Vice Chairperson of the subordinate People’s Council; during the period when the People’s Council is in recess, to approve the cessation of holding office or resignation at one’s request for persons elected by the People’s Council if, due to health reasons or other reasons, these persons are no longer able to perform their tasks; to approve the cessation of holding office of the Head of a Board of the People’s Council or a Member of the People’s Committee of the same level due to transfer to another work under the competent agency’s decision as prescribed in Clause 2, Article 37 of this Law.

9. To establish Deputies’ Groups, determine the number of the People’s Council deputies in each Deputies’ Group, and assign the Head and Deputy Head of each Deputies’ Group of the People’s Council; to decide on the transfer of People’s Council deputies among Deputies’ Groups of the People’s Council.

10. To decide on submitting to the People’s Council or to the voters the removal from office of People’s Council deputies.

11. To report on activities of the People’s Council to the superior People’s Council and People’s Committee; the Standing Body of the provincial-level People’s Council shall report on the activities of the People’s Council to the National Assembly Standing Committee and the Government.

12. To maintain contact and working relations with the Standing Board of the Vietnam Fatherland Front Committee of the same level; to inform the Vietnam Fatherland Front Committee of the same level twice a year of activities of the People’s Council.

13. To promulgate resolutions and other administrative documents on matters falling under its tasks and powers; to annul, amend, supplement or replace documents it has promulgated if deeming that these documents are no longer appropriate or are contrary to law.

14. During the period when the People’s Council is in recess, the Standing Body of the People’s Council may decide on, and shall report to the People’s Council at the upcoming session, the following matters:

a/ Measures to settle urgent and extraordinary jobs in preventing, and remedying consequences of, disasters and epidemics, and ensuring national defense, security and social order and safety in the locality;

b/ The Standing Body of the provincial-level People’s Council may decide on budget expenditures for certain urgent and extraordinary tasks as directed by competent authorities, in conformity with the actual situation and the fund-balancing capacity of the local budget;

c/ Other matters as prescribed by law.

Article 32. Tasks and powers of the Chairperson and Vice Chairpersons of the People’s Council, and other members of the Standing Body of the People’s Council

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

a/ To chair meetings of the People’s Council, ensuring compliance with regulations on activities of People’s Council deputies and regulations on People’s Council sessions;

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

c/ To represent the Standing Body of the People’s Council in maintaining contact with the People’s Committee, state agencies, the Standing Board and member organizations of the Vietnam Fatherland Front Committee, other social organizations, and the people;

d/ To decide to suspend from work Vice Chairpersons of the People’s Council, Heads and Deputy Heads of the Boards of the People’s Council, and the Chairpersons of the subordinate People’s Council in cases prescribed by competent authorities.

2. Vice Chairpersons of the People’s Council shall assist the Chairperson of the People’s Council in performing tasks and exercising powers as assigned by the Chairperson of the People’s Council and be personally accountable to the Chairperson of the People’s Council; bear collective responsibility for the performance of tasks and the exercise of powers by the Standing Body of the People’s Council; attend meetings of the Standing Body of the People’s Council, and discuss and decide on matters falling under the tasks and powers of the Standing Body of the People’s Council.

3. Other members of the Standing Body of the People’s Council shall bear collective responsibility for the performance of tasks and the exercise of powers by the Standing Body of the People’s Council; be personally accountable to the Standing Body of the People’s Council for the performance of tasks and the exercise of powers assigned by the Standing Body of the People’s Council; attend meetings of the Standing Body of the People’s Council, and discuss and decide on matters falling under the tasks and powers of the Standing Body of the People’s Council.

4. During the term of office, if the position of Chairperson of the People’s Council is vacant, the Standing Body of the People’s Council shall assign one Vice Chairperson of the People’s Council to direct activities of the People’s Council and the Standing Body of the People’s Council until the People’s Council elects a new Chairperson.

In case the positions of Chairperson and Vice Chairperson of a commune-level People’s Council are vacant at the same time, the Standing Body of the provincial-level People’s Council shall designate a member from among the deputies of the commune-level People’s Council to direct activities of the People’s Council and the Standing Body of the People’s Council until the People’s Council elects a new Chairperson. In case the positions of Chairperson and Vice Chairperson of a provincial-level People’s Council are vacant, the National Assembly Standing Committee shall designate a member from among the deputies of the provincial-level People’s Council to direct activities of the People’s Council and the Standing Body of the People’s Council until the People’s Council elects a new Chairperson.

In case the Chairperson of a commune-level People’s Council is disciplined and subject to relief from duty or removal from office, the Standing Body of the provincial-level People’s Council shall decide on assigning a Vice Chairperson of the commune-level People’s Council to perform the tasks and exercise the powers of the Chairperson of the People’s Council until a new Chairperson is elected; if the Chairperson of the provincial-level People’s Council is disciplined and subject to relief from duty or removal from office, the decision shall be made by the National Assembly Standing Committee. In case the Vice Chairperson of the People’s Council of a level is also disciplined, a person shall be designated from among the deputies of the People’s Council of that level to direct the activities of the People’s Council and the Standing Body of the People’s Council.

The Vice Chairperson of the People’s Council or the person designated to direct the activities of the People’s Council and the Standing Body of the People’s Council shall perform the tasks and exercise the powers of the Chairperson of the People’s Council in accordance with this Law and other relevant laws.

5. The Chairperson of the People’s Council shall sign for certification resolutions of the People’s Council. In case the position of Chairperson of the People’s Council is vacant, the person chairing the session of the People’s Council or a Vice Chairperson of the People’s Council or the person designated to direct activities of the People’s Council as specified in Clause 4 of this Article shall sign for certification resolutions of the People’s Council.

Article 33. Tasks and powers of People’s Council deputies

1. People’s Council deputies are equal in discussing and deciding on matters falling under the tasks and powers of the People’s Council.

2. People’s Council deputies shall attend all sessions and meetings of the People’s Council, participate in discussions, and vote on matters falling under the tasks and powers of the People’s Council; if a People’s Council deputy is absent from a session or meeting, he/she shall give reasons and report such in advance to the person who chairs the session or meeting. In case a People’s Council deputy fails to attend sessions continuously for one year without a plausible reason, the Standing Body of the People’s Council shall report the case to the People’s Council for the latter to relieve that deputy from duty.

3. People’s Council deputies shall maintain close contact with voters in the locality where they perform their duties of People’s Council deputies, be subject to voter supervision, regularly meet with voters, understand their thoughts and aspirations; collect and honestly reflect opinions, aspirations and petitions of voters to the People’s Council, and related agencies and organizations; protect lawful rights and interests of voters; and disseminate, and mobilize the people to implement, the Constitution and law.

4. People’s Council deputies shall receive citizens; and receive and handle citizens’ complaints, denunciations and petitions in accordance with law.

5. People’s Council deputies have the right to propose policy initiatives at the local level; and the right to petition the People’s Council to conduct a vote of confidence for the purpose of deciding on, or approving the proposal for, the relief from duty of persons holding positions elected by the People’s Council, to organize thematic meetings, closed meetings, or meetings to resolve urgent matters, and to make petitions on other matters if deeming it necessary.

6. People’s Council deputies have the right to stand for election or to nominate persons to positions elected by the People’s Council as specified in Clauses 1 and 2, Article 36 of this Law. Persons nominated for election have the right to withdraw from the list of candidates.

7. People’s Council deputies have the right to question the Chairperson of the People’s Committee, other members of the People’s Committee, heads of agencies under the People’s Committee of the same level, the Chief Justice of the People’s Court, and the Procurator General of the People’s Procuracy of the same level.

8. When detecting acts of violation of law, causing harms to the interests of the State or to the lawful rights and interests of organizations and individuals, People’s Council deputies have the right to request related agencies and organizations to take necessary measures to promptly stop such acts.

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

10. It is not allowed to arrest, hold in custody, detain or prosecute People’s Council deputies or search their residences and workplaces without the consent of the People’s Council or of the Standing Body of the People’s Council during the period when the People’s Council is in recess. In case a People’s Council deputy is detained for a flagrant offense, the agency holding the deputy in detention shall immediately report thereon to the People’s Council or the Standing Body of the People’s Council for consideration and decision.

Article 34. Sessions of the People’s Council

1. The first session of a newly elected People’s Council shall be held within 45 days from the date of election of deputies to the People’s Council; for localities where re-election, additional election of deputies, or postponement of election takes place, the time limit for holding the first session of the People’s Council shall be counted from the date of re-election, additional election, or election after the postponement.

2. The People’s Council shall hold at least 2 sessions each year. The People’s Council shall decide on the plan for organizing regular sessions at its first session, for the first year of the term of office, and at the last session of the preceding year, for subsequent years of the term of office, based on the proposal of the Standing Body of the People’s Council.

3. The People’s Council shall convene thematic sessions or sessions to resolve extraordinary matters at the request of the Standing Body of the People’s Council, the Chairperson of the People’s Committee of the same level, or at least one-third of the total number of deputies of the People’s Council.

4. Voters at the commune level have the right to submit petitions requesting the commune-level People’s Council to meet, discuss, and decide on affairs of commune-level authorities. When a petition bears signatures of more than 10% of the total voters of the commune-level locality, the Standing Body of the commune-level People’s Council shall organize a thematic session or a session of the People’s Council to resolve extraordinary matters to discuss the issues raised by voters in the petition. A petition of voters shall be considered valid when accompanied by the signature, full name, date of birth, and address of each signer. Those who signed the petition may appoint one representative to attend the People’s Council session to discuss the issues raised by voters in the petition.

5. The People’s Council shall meet openly. When necessary, at the proposal of the Standing Body of the People’s Council or the Chairperson of the People’s Committee of the same level, or at the request of at least one-third of the total number of deputies of the People’s Council, the People’s Council may decide to hold a closed session.

Article 35. Voting by the People’s Council

1. The People’s Council shall decide on matters falling under its tasks and powers through voting. Voting may be conducted in person, online, or in other appropriate forms in accordance with the Working Regulation of the People’s Council.

2. A resolution of the People’s Council shall be adopted when more than half of the total number of deputies of the People’s Council vote in favor; particularly, resolutions on removal from office of People’s Council deputies shall be adopted when at least two-thirds of the total number of deputies of the People’s Council vote in favor.

Article 36. Election of holders of titles in the People’s Council and the People’s Committee

1. The People’s Council shall elect the Chairperson, Vice Chairpersons, and Heads of the Boards, of the People’s Council from among its deputies, based on the list of nominees for each position proposed by the Standing Body of the People’s Council.

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

In case the Standing Body of a provincial-level People’s Council is vacant, the National Assembly Standing Committee shall designate a person to chair the session of the provincial-level People’s Council; in case the Standing Body of a commune-level People’s Council is vacant, the Standing Body of the provincial-level People’s Council shall designate a person to chair the session of the commune-level People’s Council; the People’s Council shall elect the Chairperson, Vice Chairpersons, and Heads of the Boards, of the People’s Council from among its deputies based on nomination of the person chairing the session.

2. The People’s Council shall elect the Chairperson of the People’s Committee based on the nomination of the Chairperson of the People’s Council; and elect Vice Chairpersons and members of the People’s Committee based on the nomination of the Chairperson of the People’s Committee. Members of the People’s Committee are not necessarily deputies of the People’s Council.

3. The result of election of the Chairperson and Vice Chairpersons of the provincial-level People’s Council shall be approved by the National Assembly Standing Committee; the result of election of the Chairperson and Vice Chairpersons of the commune-level People’s Council shall be approved by the Standing Body of the provincial-level People’s Council.

4. The result of election of the Chairperson and Vice Chairpersons of the provincial-level People’s Committee shall be approved by the Prime Minister; the result of election of the Chairperson and Vice Chairpersons of the commune-level People’s Committee shall be approved by the Chairperson of the provincial-level People’s Committee.

5. When the People’s Council conducts election of holders of the titles specified in Clauses 1 and 2 of this Article, if there are deputies of the People’s Council standing for election or nominating additional candidates not on the list introduced by the competent agency or person, the Standing Body of the People’s Council shall submit the matter to the People’s Council for consideration and decision; particularly, at the first session of the People’s Council of each term of office, the person chairing the session shall submit the matter to the People’s Council for consideration and decision.

6. Persons holding the positions specified in Clauses 1 and 2 of this Article shall perform their tasks and exercise their powers immediately after being elected by the People’s Council.

7. Within 5 working days from the date of election of the Chairperson and Vice Chairpersons of the People’s Council, and the Chairperson and Vice Chairpersons of the People’s Committee, the Standing Body of the People’s Council shall send the election results to the competent agency or person for approval in accordance with Clauses 3 and 4 of this Article. Within 10 working days after receiving the election results, the competent agency or person shall consider and approve them; in case of disapproval, it/he/she shall give a written reply, stating the reason, and requesting the People’s Council to conduct re-election for the disapproved title holder.

Article 37. Vote of confidence in exercising the right to oversight and assessment; vote of confidence for the purpose of deciding on, or approving the proposal for, the relief from duty; cessation from holding office, resignation, relief from duty, and removal from office of persons holding positions elected by the People’s Council

1. The People’s Council shall conduct a vote of confidence in exercising the right to oversight and assessment; and a vote of confidence for the purpose of deciding on, or approving the proposal for, the relief from duty against persons holding positions elected by the People’s Council in accordance with regulations of the National Assembly.

2. A person elected by the People’s Council who, due to health reasons or other reasons, is no longer able to perform his/her duties may apply for cessation from holding office or for resignation. Such person shall submit an application to the agency or person competent to nominate him/her for the position elected by the People’s Council. Based on the competent agency’s consent on cadre management decentralization, the agency or person competent to nominate that position shall submit the matter to the People’s Council, or, during the period when the People’s Council is in recess, to the Standing Body of the People’s Council for approval of the cessation from holding office or resignation of the applicant.

If the Head of a Board of the People’s Council or a member of the People’s Committee is reassigned to another position under a competent authority’s decision, the Chairperson of the People’s Council or the Chairperson of the People’s Committee shall, within the ambit of his/her assigned competence, submit the matter to the People’s Council, or, during the period when the People’s Council is in recess, to the Standing Body of the People’s Council for consideration and approval of the cessation from holding office of the Head of the Board of the People’s Council or member of the People’s Committee.

The Standing Body of the People’s Council shall report to the People’s Council at its upcoming session on cases of cessation from holding office or resignation specified in this Clause.

3. The People’s Council shall relieve from duty or remove from office the Chairperson, Vice Chairpersons, and Heads of Boards, of the People’s Council at the proposal of the Standing Body of the People’s Council, except the cases specified in Clauses 2 and 6 of this Article.

4. The People’s Council shall relieve from duty or remove from office the Chairperson of the People’s Committee of the same level at the proposal of the Chairperson of the People’s Council; relieve from duty or remove from office the Vice Chairpersons and members of the People’s Committee of the same level at the proposal of the Chairperson of the People’s Committee, except the cases specified in Clauses 2 and 6 of this Article and Clause 4, Article 41 of this Law.

5. That the People’s Council relieves from duty or removes from office the Chairperson or Vice Chairpersons of the People’s Council, and the Chairperson or Vice Chairpersons of the People’s Committee shall be approved by the competent agencies or persons specified in Clauses 3 and 4, Article 36 of this Law.

6. In case a person elected by the People’s Council retires under the decision of a competent agency or has passed away, it is not required to carry out the procedures for relief from duty at the People’s Council. The Standing Body of the People’s Council shall report to the People’s Council at its upcoming session on cases exempt from procedures for relief from duty as specified in this Clause.

Article 38. Suspension, cessation from performing duties, removal from office, and loss of status, of People’s Council deputy

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

a/ The deputy is prosecuted;

b/ During the process of reviewing and handling violations committed by the deputy, there are grounds to determine that the deputy, who is a cadre, civil servant or public employee, is subject to disciplining in the form of reprimand or severer form or is subject to criminal handling, and the inspection, examination, audit, investigation, prosecution, trial, or judgment enforcement agency has issued a written request for suspension of the performance of duties and exercise of powers by such deputy.

2. A People’s Council deputy may continue to perform the duties and exercise the powers of a deputy and have his/her lawful rights and interests restored when the competent agency issues a decision or conclusion that no violation has been committed, when no disciplinary action is taken, or when a decision to terminate the investigation or terminate the case is issued with respect to such deputy, or from the effective date of a court judgment or ruling declaring that the deputy is not guilty or is exempted from criminal liability.

In case a deputy of the People’s Council is subject to disciplining, depending on the nature and severity of the violation, he/she may apply for relief from performing duties of a People’s Council deputy, or the Standing Body of the People’s Council shall consider and decide whether to allow the deputy to continue performing the duties and exercising the powers of a People’s Council deputy, or propose the People’s Council to remove the People’s Council deputy from office.

3. The People’s Council or the Standing Body of the People’s Council shall, during the period when the People’s Council is in recess, consider and approve the relief from performing duties of a People’s Council deputy in the following cases:

a/ The deputy no longer works at the agency, organization or enterprise in the administrative unit where he/she is serving as a deputy and does not reside in that administrative unit;

b/ At the request of the deputy due to health reason or other reasons.

4. The suspension of the performance of duties and exercise of powers of a People’s Council deputy by the Standing Body of the People’s Council, and the approval of the cessation from performing duties of a People’s Council deputy as specified in Clauses 1 and 3 of this Article shall be reported to the People’s Council at its upcoming session.

5. A People’s Council deputy who fails to meet the criteria of People’s Council deputies and is no longer worthy of the trust of the people shall be removed from office by the People’s Council or by the voters.

The Standing Body of the People’s Council shall decide to submit to the People’s Council the removal from office of a People’s Council deputy or, at the proposal of the Vietnam Fatherland Front Committee of the same level, submit the removal from office of the deputy to the voters.

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

The procedures for the removal from office of a People’s Council deputy by the voters must comply with regulations the National Assembly Standing Committee.

6. A People’s Council deputy who is convicted under a court judgment or ruling shall automatically lose his/her status as a People’s Council deputy from the date the court judgment or ruling takes legal effect.

7. A People’s Council deputy who has been ceased from performing duties of a People’s Council deputy, relieved from duty, removed from office, or has lost status as deputy shall automatically cease holding positions in the Standing Body of the People’s Council or in the Boards of the People’s Council.

Section 2

ORGANIZATION AND OPERATION OF THE PEOPLE’S COMMITTEE

Article 39. Organizational structure of the People’s Committee

1. The People’s Committee shall be composed of a Chairperson, Vice Chairpersons and Members.

2. The provincial-level People’s Committee shall establish specialized agencies and other administrative organizations to advise and assist it in performing the state management of sectors and fields in the locality, and in performing tasks and exercising powers as decentralized or authorized by the provincial-level People’s Committee or the Chairperson of the People’s Committee and superior state agencies.

3. Based on criteria concerning population size, natural area, socio-economic development conditions, and specific characteristics of each type of commune-level administrative unit in rural, urban or island areas, the commune-level People’s Committee may establish specialized agencies and other administrative organizations, or assign specialized civil servants to advise and assist it in performing the state management of sectors and fields as prescribed by the Government.

4. The Government shall prescribe the framework number of Vice Chairpersons of the People’s Committee; the number and structure of Members of the People’s Committee; the framework number of specialized agencies and other administrative organizations under provincial- and commune-level People’s Committees or the arrangement of specialized civil servants under commune-level People’s Committees to advise and assist commune-level People’s Committees in performing the state management of sectors and fields; and the order and procedures for requesting approval of the results of election, relief from duty and removal from office of the Chairperson and Vice Chairpersons of the People’s Committee by the People’s Council; and the order and procedures for transfer and dismissal of the Chairperson and Vice Chairpersons of the People’s Committee and delegation of powers to the Chairperson of the People’s Committee.

Article 40. Operation of the People’s Committee

1. The People’s Committee shall hold a regular meeting once a month. The People’s Committee shall hold thematic meetings or meetings to settle extraordinary matters in the following cases:

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

b/ At the request of the Chairperson of the provincial-level People’s Committee, for meetings of commune-level People’s Committees, or at the request of the Prime Minister, for meetings of provincial-level People’s Committees;

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

2. The People’s Committee shall discuss collectively and decide on the following matters:

a/ Draft resolutions of the People’s Council and draft decisions of the People’s Committee in accordance with the Law on Promulgation of Legal Documents;

b/ Five-year and annual socio-economic development plans; public investment plans; state budget estimates and plans on allocation of local budgets; adjustment of local budget estimates; and final accounts of the state budget to be reported to competent authorities under regulations.

The provincial-level People’s Committee shall discuss and decide on strategies, mechanisms, policies, master plans, 5-year financial plans, and 3-year provincial/municipal financial-state budget plans to be reported to competent authorities under regulations; and budget spending regimes, standards and norms assigned by the People’s Council of the same level;

c/ Monthly, quarterly, biannual and annual reports on socio-economic situation, or reports on important and extraordinary issues, and on tasks and solutions for directing and administering the implementation of socio-economic development plans;

d/ The organizational structure of the People’s Committee; the establishment or abolition of specialized agencies and other administrative organizations under the People’s Committee; the establishment, dissolution, merger or division of administrative units, adjustment of boundaries, and renaming of administrative units at all levels to be reported to competent authorities under regulations;

dd/ The annual working program of the People’s Committee; review of the leadership and administration of the People’s Committee and Chairperson of the People’s Committee, and the implementation of the Working Regulation of the People’s Committee;

e/ Other matters at the request of the Chairperson of the People’s Committee or at the request of at least one-third of the total members of the People’s Committee.

3. A decision of the People’s Committee shall be approved by more than half of the total members of the People’s Committee. In case of a tie vote, the decision must follow the vote of the Chairperson of the People’s Committee. Voting may be conducted at a meeting of the People’s Committee, through delivering opinion collection sheets to members of the People’s Committee, or in another appropriate form in accordance with the Working Regulation of the People’s Committee.

4. Vice Chairpersons of the People’s Committee shall perform tasks and exercise powers assigned by the Chairperson of the People’s Committee according to fields and areas of work; be personally responsible before the Chairperson of the People’s Committee and before law for decisions within the fields, areas, and scope of authority assigned to them.

When the Chairperson of the People’s Committee is absent, he/she shall assign 1 Vice Chairperson of the People’s Committee to act on the former’s behalf in leading the work of the People’s Committee.

5. Members of the People’s Committee shall perform sector-based specific tasks as assigned by the People’s Committee or the Chairperson of the People’s Committee; participate in handling the common affairs of the People’s Committee; jointly decide and bear joint responsibility with the People’s Committee for the matters specified in Clause 2 of this Article.

Article 41. Transfer and dismissal of the Chairperson and Vice Chairpersons of the People’s Committee

1. The Prime Minister shall decide on the transfer of the Chairpersons and Vice Chairpersons of provincial-level People’s Committees; the Chairperson of a provincial-level People’s Committee shall decide on the transfer of the Chairpersons and Vice Chairpersons of commune-level People’s Committees.

2. The Prime Minister shall decide on the dismissal of the Chairpersons and Vice Chairpersons of provincial-level People’s Committees; the Chairperson of a provincial-level People’s Committee shall decide on the dismissal of the Chairpersons and Vice Chairpersons of commune-level People’s Committees when the latter commit violations of law or fail to properly perform their assigned duties and responsibilities.

3. The Chairperson and Vice Chairpersons of the People’s Committee who are transferred or dismissed shall cease performing their duties from the effective date of the transfer or dismissal decision.

4. The People’s Council shall not carry out the procedures for relief from duty or removal from office in the cases specified in Clauses 1 and 2 of this Article. The Standing Body of the People’s Council shall report cases exempt from procedures for relief from duty or removal from office as specified in Clauses 1 and 2 of this Article to the People’s Council at the upcoming session.

Article 42. Appointment of acting Chairperson of the People’s Committee

During the period when the position of Chairperson of the People’s Committee is vacant, the Standing Body of the provincial-level People’s Council shall submit to the Prime Minister for decision on appointing an acting Chairperson of the People’s Committee of the same level; the Standing Body of the commune-level People’s Council shall submit to the Chairperson of the provincial-level People’s Committee for decision on appointing an acting Chairperson of the People’s Committee of the same level. The acting Chairperson of the People’s Committee shall cease performing duties from the date the People’s Council elects a new Chairperson of the People’s Committee.

Article 43. Dialogue between commune-level local administrations and the people

1. At least once a year, or when at least 10% of the total voters of a commune-level administrative unit so request, or when necessary, the commune-level administration shall organize a dialogue conference with the people through direct meetings, online meetings, or via legally operating social media in accordance with law to discuss matters on the operation of the local administration and matters related to citizens’ rights and obligations in the locality. In case of direct meetings, if the commune-level administrative unit is too large, dialogues may be organized by clusters of villages or residential groups.

2. The commune-level People’s Committee shall coordinate with the Vietnam Fatherland Front Committee of the same level in organizing the dialogue conference specified in Clause 1 of this Article, and shall, together with representatives of the Standing Body of the People’s Council of the same level, chair the dialogue conference; invite representatives of the Party Committee of the same level to attend the conference; and shall announce in the mass media the time, venue, content, and method of participating in, the dialogue conference at least 7 days before the conference is held.

3. The results of the dialogue conference with the people shall be notified by the People’s Committee to the people through the mass media, posted at the office of the commune-level administration, and sent to village heads and heads of residential groups in the locality within 10 days from the date of holding the conference.

Chapter VI

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

Article 44. 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, deputies of the People’s Councils 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 provincial-level People’s Council among People’s Council deputies of the new administrative unit, in case the new administrative unit is a commune-level administrative unit, or by the National Assembly Standing Committee if it is a provincial-level administrative unit, until the People’s Council of the new administrative unit elects its Chairperson.

3. The People’s Council of the new administrative unit prescribed in Clause 1 of this Article shall elect holders of titles of the People’s Council and People’s Committee in accordance with Article 36 of this Law and operate until the People’s Council of the new term is elected.

Article 45. 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 the administrative boundaries of 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 People’s Council deputies 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 People’s Council of the new administrative unit shall elect holders of titles of the People’s Council and People’s Committee in accordance with Article 36 of this Law and operate until the People’s Council of the new term 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, Clause 2, Article 49 of this Law shall apply.

4. The first session of the People’s Council of a new administrative unit prescribed in this Article shall be convened and chaired by a person appointed by the Standing Body of the provincial-level People’s Council among People’s Council deputies of the new  administrative unit, if the new administrative unit is a commune-level administrative unit, or by the National Assembly Standing Committee, if it is a provincial-level administrative unit, until the People’s Council of the new administrative unit elects its Chairperson.

Article 46. Organization of local administrations upon establishment of a new administrative unit on the basis of keeping in status quo an existing administrative unit

When a new administrative unit is established on the basis of keeping in status quo the land area and population of an existing administrative unit, the deputies, Standing Body, and Boards of the People’s Council; People’s Council Deputies’ Groups; People’s Committee; and specialized agencies, other administrative organizations and public non-business units under the People’s Committee of the former administrative unit shall become the deputies, Standing Body, and Boards of the People’s Council; People’s Council Deputies’ Groups; People’s Committee; and specialized agencies, other administrative organizations and public non-business units under the People’s Committee of the new administrative unit.

Article 47. Organization of local administrations upon establishment of a new administrative unit on the basis of partially adjusting the land area and population of administrative units

1. When a new administrative unit is established on the basis of partially adjusting the land area and population of many administrative units of the same level, deputies of the People’s Council of that level who have been elected or are working in the affected area 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 45 of this Law.

3. The People’s Councils and People’s Committees of the administrative units whose land area is partially adjusted for establishment of a new administrative unit shall continue to operate until the end of their term of office; the by-election of People’s Council deputies must comply with the election law.

Article 48. Activities of People’s Council deputies upon adjustment of boundaries of administrative units or relocation of population groups

1. When part of the land area and population of an administrative unit are transferred to another administrative unit, People’s Council deputies who are residing or working in the affected area shall become deputies of the People’s Council of equivalent level of the administrative unit that receives the transferred land area and population and shall operate until the end of their term of office.

2. When a population group is relocated to another administrative unit, the People’s Council deputy who goes together with that group shall become a deputy of the People’s Council of the equivalent level of the administrative unit that receives the population group, and continue to operate until the end of his/her term of office.

3. The People’s Council and the People’s Committee of the administrative unit that receives part of the land area and population or a population group shall continue to operate until the end of their term of office.

Article 49. Term of People’s Councils of administrative units after the establishment, merger, division or adjustment of boundaries of administrative units and operation of local administrations when the remaining number of People’s Council deputies is smaller than two-thirds of the total number of deputies

1. The term of the People’s Council of an administrative unit after establishment, merger, division or adjustment of administrative boundaries shall be determined as follows:

a/ If the new administrative unit retains the name of one of the former administrative units, the term of the People’s Council of the new administrative unit shall continue to be the term of the People’s Council of the administrative unit whose name is retained;

b/ If the new administrative unit changes its name or type, the term of the People’s Council of the new administrative unit shall be counted from the beginning (first term) from the time of its establishment.

2. The operation of a local administration when the remaining number of People’s Council deputies is smaller than two-thirds of the total number of deputies must comply with the following regulations:

a/ In case the remainder of the term of office of the People’s Council is longer than 18 months but the number of People’s Council deputies in the administrative unit is smaller than two-thirds of the total number of People’s Council deputies elected in accordance with this Law, the by-election of People’s Council deputies shall be held in accordance with the election law;

b/ In case the remainder of the term of office of the People’s Council is shorter than or equal to 18 months, no by-election of People’s Council deputies shall be held.

The People’s Council of an administrative unit with the number of People’s Council deputies larger than or equal to one-third of the total number of People’s Council deputies elected in accordance with this Law shall elect holders of the titles of the People’s Council and People’s Committee in accordance with Article 36 of this Law and operate until the People’s Council of the new term is elected. Decisions on the affairs falling under the tasks and powers of the People’s Council shall be passed when they are voted for by more than two-thirds of the total number of current People’s Council deputies.

The organization and operation of the local administration in an administrative unit with the number of People’s Council deputies smaller than one-third of the total number of deputies elected in accordance with this Law must comply with regulations of the National Assembly Standing Committee.

Article 50. Dissolution of People’s Councils

1. A People’s Council causing serious harms to the 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 commune-level People’s Councils.

3. A provincial-level People’s Council’s resolution dissolving a commune-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 commune-level People’s Council shall be dissolved and terminate operation on the effective date of the resolution dissolving the Council is approved by the National Assembly Standing Committee.

When a People’s Council is dissolved and terminates operation, the People’s Committee of the same level shall also terminate its operation.

5. When a commune-level People’s Council is dissolved, the Chairperson of the provincial-level People’s Committee shall appoint the acting Chairperson of the commune-level People’s Committee and the provisional commune-level People’s Committee; when a provincial-level People’s Council is dissolved, the Prime Minister shall appoint the acting Chairperson of the provincial-level People’s Committee and the provisional provincial-level 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 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 VII

IMPLEMENTATION PROVISIONS

Article 51. Effect

1. This Law takes effect on the date of its passage.

2. Law No. 65/2025/QH15 on Organization of Local Administration ceases to be effective on the effective date of this Law.

3. People’s Councils, agencies of People’s Councils, People’s Committees, chairpersons of People’s Committees, and specialized agencies other administrative organizations under People’s Committees of rural districts, urban districts, provincial/municipal cities, and towns (below referred to as district-level localities) shall cease their operation on July 1, 2025.

Article 52. Amendment, supplementation or annulation of a number of relevant laws and resolutions

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

“3. The Government shall delineate administrative management boundaries at sea for provincial-level and commune-level administrative units in localities having sea areas; assign islands under Vietnam’s sovereignty to coastal provinces and centrally run cities for management; and establish administrative boundaries in alluvial grounds formed by natural sedimentation and land areas reclaimed from the sea.”.

2. To amend, supplement or annul a number of articles of Law No. 39/2024/QH15 on the Capital, which has a number of articles amended and supplemented under Law No. 47/2024/QH15, Law No. 55/2024/QH15, Law No. 57/2024/QH15, and Law No. 58/2024/QH15 as follows:

a/ To amend, supplement Point a, Clause 4, Article 9 as follows:

“a/ To decide on the number of full-time deputies of the People’s Council of the City; to decide on the number, name, and scope of responsibility of Boards of the People’s Council of the City;”

b/ To amend and supplement Points a and b, Clause 1, Article 14 as follows:

a/ Based on work requirements, implementation capacity and specific conditions and situation of the locality, the People’s Committee of the City may decentralize specialized agencies and other administrative organizations under the People’s Committee of the City or commune-level People’s Committees to continuously and regularly perform one or several of the tasks and powers falling under its competence; and decentralize public non-business units under its management to perform one or several of the tasks falling under its competence so as to increase the autonomy of public non-business units in self-administration and provision of public non-business services;

b/ When necessary, the People’s Committee of the City may authorize specialized agencies, other administrative organizations or public non-business units under the People’s Committee of the City; the Chairperson of the People’s Committee of the City may authorize Vice Chairpersons of the People’s Committee of the City, heads of specialized agencies or other administrative organizations and public non-business units under the People’s Committee of the City to perform one or several of the tasks and powers falling under its/his/her competence within a specified period of time under specific conditions;”.

c/ To amend and supplement Clause 2, Article 15 as follows:

“2. Heads of specialized agencies and other administrative organizations under the People’s Committee of the City may sign definite-term contracts with professionally qualified persons to take on a number of job positions in the group of common specialized and technical jobs serving multiple specialized agencies and other administrative organizations under the People’s Committee of the City.”

d/ To annul Articles 8, 11, 12 and 13; Point d, Clause 4 of Article 9; and Clauses 2, 3, 4, 5 and 6 of Article 14.

The content on the responsibility regime, assurance of implementation conditions and the use of document forms and seals upon the decentralization and authorization must comply with this Law.

3. To annul articles and clauses of the following resolutions:

a/ To annul the National Assembly’s Resolution No. 131/2020/QH14 of November 16, 2020, on organization of the urban administration in Ho Chi Minh City;

b/ To annul Clauses 2 and 3, Article 9, and Article 10, of the National Assembly’s Resolution No. 98/2023/QH15 of June 24, 2023, on the pilot application of a number of specific mechanisms and policies for development of Ho Chi Minh City;

c/ To annul Articles 7 and 8 of the National Assembly’s Resolution No. 136/2024/QH15 of June 26, 2024, on organization of the urban administration and on the pilot application of a number of specific mechanisms and policies for development of Da Nang city;

d/ To annul Clause 2, Article 6 of the National Assembly’s Resolution No. 137/2024/QH15 of June 26, 2024, on pilot supplementation of a number of specific mechanisms and policies for the development of Nghe An province;

e/ To annul the National Assembly’s Resolution No. 169/2024/QH15 of November 30, 2024, on the organization of the urban administration in Hai Phong city.

Article 53. Organization of local administrations in wards of Hanoi, Ho Chi Minh City and Da Nang city for the 2021-2026 term

1. From July 1, 2025, the local administrations in wards formed on the basis of reorganizing wards in Hanoi, Ho Chi Minh City and Da Nang city, which are currently operating under the urban administration model in accordance with the Law on the Capital, and the National Assembly's Resolution No. 131/2020/QH14 of November 16, 2020, and Resolution No. 136/2024/QH15 of June 26, 2024, shall be the local administration consisting of the People’s Council and People’s Committee of the ward.

People’s Councils and People’s Committees of wards shall be organized and operate in accordance with this Law.

2. Deputies of People’s Councils of the wards prescribed in Clause 1 of this Article shall be determined as follows:

a/ Deputies of district-level People’s Councils of the 2021-2026 term shall be determined to become deputies of People’s Councils of wards according to Clause 4, Article 54 of this Law and People’s Council deputies of the 2021-2026 term of the communes and townships that, together with the wards, form new wards after reorganization.

b/ In case there is no People’s Council deputy or in case the number of People’s Council deputies determined according to Point a of this Clause is insufficient, the Standing Body of the Municipal People’s Council may appoint additional personnel who are not People’s Council deputies to act as People’s Council deputies so as to establish a provisional People’s Council in the ward, thus  having at least one-third of the total number of People’s Council deputies as prescribed at Point d, Clause 2, Article 30 of this Law to perform the tasks and exercise the powers of the People’s Council of the ward in accordance with this Law until the People’s Council of the ward of the 2026-2031 term is elected.

3. The designation of holders of the titles of the People’s Council and People’s Committee of a ward must comply with the National Assembly’s Resolution No. 203/2025/QH15 of June 16, 2025, on amendment and supplementation of a number of articles of the Constitution of the Socialist Republic of Vietnam.

Article 54. Transitional provisions

1. By March 1, 2027, legal documents containing provisions on the organization, tasks and powers and other provisions concerning local administrations at all levels must be amended and supplemented to ensure conformity with the organization of administrative units, principles, and tasks and powers of local administrations at all levels prescribed in this Law.

From the effective date of this Law, in order to promptly implement the organization of provincial- and commune-level local administrations in accordance with this Law and to speed up the decentralization and delegation of powers to local administrations in a number of priority and urgent fields, the Government shall be assigned to promulgate legal documents within its competence to re-determine local administrations’ tasks and powers and adjust other regulations concerning the performance of such tasks and exercise of such powers for consistent application pending the amendment and supplementation of laws, ordinances and resolutions by the National Assembly and the National Assembly Standing Committee; and periodically report thereon to the National Assembly Standing Committee; and to the National Assembly at the upcoming session, for cases pertaining to laws and resolutions of the National Assembly.

2. Pending the promulgation of legal documents adjusting local administrations’ tasks and powers by competent agencies as prescribed in Clause 1 of this Article, the provisions of current laws concerning local administrations’ responsibilities in performing their tasks and exercising their powers shall continue to be applied until amending, supplementing or replacing documents are promulgated.

3. From July 1, 2025, provincial-level People’s Committees shall take over international agreements signed by district-level People’s Committees before July 1, 2025; and adjust and update the new names of administrative units in international agreements signed by the latter before July 1, 2025.

4. When a district-level administration ceases its operation under Clause 3, Article 51 of this Law, the Standing Body of the provincial-level People’s Council shall determine deputies of the district-level People’s Council of the 2021-2026 term who have been elected or are performing their tasks in the area within the administrative boundaries of the commune-level administrative unit formed after the reorganization or are transferred or arranged to work at agencies, organizations or units in that commune-level administrative unit so that they will serve as People’s Council deputies of the 2021-2026 term of the corresponding commune-level administrative unit, except the case specified in Clause 5 of this Article.

5. District- and commune-level People’s Council deputies in administrative units that are reorganized to form special zones under Clause 1, Article 28 of this Law shall cease their activities on July 1, 2025.

6. From the effective date of this Law, the number of Vice Chairpersons of People’s Councils, Vice Chairpersons of People’s Committees and deputy heads of agencies and units under People’s Councils and People’s Committees in provincial-level administrative units formed after reorganization may exceed the law-prescribed number. Within 5 years from the effective date of this Law, the number and arrangement of leaders and managers in reorganized administrative units must comply with regulations.

7. By June 30, 2025, the Standing Bodies of People’s Councils, agencies of People’s Councils, People’s Committees, Chairpersons of People’s Committees and specialized agencies of People’s Committees of the district level must complete the handover of affairs, dossiers, documents, finances, budgets, working offices, assets and other related physical facilities to competent agencies, organizations and units to ensure the normal and uninterrupted operation of agencies, avoiding interruptions, overlaps or omissions of tasks, fields or areas, preventing impacts on socio-economic development, normal activities of the society, citizens and enterprises, and ensuring national defense and security, social order and safety in the localities. Chairpersons of provincial-level People’s Committees shall decide on the formation of working groups to direct, guide and organize the handover of affairs, dossiers, documents, finances, budgets, working offices, assets and physical facilities as prescribed in this Clause.

8. By July 1, 2025, if agencies of district-level administrations have yet to complete the settlement of affairs, administrative procedures, complaints and denunciations (below referred to as “affairs and procedures”) for individuals, organizations or enterprises or have completed the settlement thereof before July 1, 2025, but related issues arise and need to be settled afterward, the agencies receiving the functions, tasks and powers of district-level administrations or commune-level administrations that are formed after the reorganization in the localities where affairs and procedures arise shall coordinate with related agencies in further settling them, so as to avoid affairs interruptions and impacts on normal operations of the society, citizens and enterprises. For affairs and procedures that involve 2 or more commune-level administrative units formed after the reorganization or are complicated, the Chairperson of the provincial-level People’s Committee shall, based himself/herself on Point g, Clause 2, and Clause 3, Article 11 of this Law, direct the settlement.

If the Government’s legal documents specifying the decentralization, delegation of powers and delineation of the competence of local administrations as assigned in Clause 1 of this Article have provisions on the settlement of the affairs and procedures specified in this Clause, the Government’s regulations shall apply.

9. The settlement of issues arising from the reorganization of provincial- and commune-level local administrations under this Law, when necessary, must comply with the following regulations:

a/ The Government shall consider and promulgate, or authorize the promulgation of, documents to settle arising issues falling under the National Assembly’s competence, and report thereon to the National Assembly Standing Committee on a quarterly basis and to the National Assembly at the upcoming session;

b/ The National Assembly Standing Committee, the Government, the Prime Minister, ministers, heads of ministerial-level agencies and provincial-level People’s Councils and People’s Committees shall consider and promulgate, or authorize the promulgation of, documents to settle arising issues falling within the ambit of their tasks and powers;

c/ The competent agencies and persons specified at Points a and b of this Clause may promulgate administrative documents to guide the settlement of arising issues; concurrently formulate and promulgate legal documents according to their competence or propose competent agencies and persons to amend, supplement or promulgate legal documents to adjust the contents prescribed in administrative documents or in documents promulgated under authorization;

Administrative documents and documents promulgated under authorization must be annulled by the competent agencies or persons having promulgated them as soon as the corresponding legal documents promulgated by competent agencies or persons take effect;

d/ Documents of competent agencies and persons prescribed at Points a, b and c of this Clause shall cease to be effective on March 1, 2027, or from the effective date of their replacing legal documents promulgated by competent agencies or persons, whichever comes first.

10. The promulgation of administrative documents prescribed at Point c, Clause 9 of this Article must satisfy the following conditions:

a/ The promulgation of administrative documents is intended to provide timely guidance to settle issues that arise due to the reorganization of provincial- and commune-level administrations in accordance with this Law;

b/ The content of the guidance must be consistent with the functions, tasks and powers of the agencies or persons competent to provide guidance;

c/ The administrative documents must neither impose additional requirements or conditions nor increase time for settlement, create costs or cause difficulties for individuals and organizations during the implementation process;

d/ Guiding documents must be posted on promulgating agencies’ portals or websites and in other appropriate forms; concurrently publicized on portals of provincial-level People’s Committees, for information of provincial-level agencies, or on portals of commune-level People’s Committees, for information of commune-level agencies.

This Law was passed on June 16, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.

Chairman of the National Assembly
TRAN THANH MAN