VietnameseResolution No. 301-NQ/UBTVQH dated June 25, 1996 of the Standing Committee of National Assembly on the concrete tasks and powers of the People’s Council and People’s Committee at each level
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Resolution No. 301-NQ/UBTVQH dated June 25, 1996 of the Standing Committee of National Assembly on the concrete tasks and powers of the People’s Council and People’s Committee at each level
| Issuing body: | National Assembly Standing Committee | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 301-NQ/UBTVQH | Signer: | Nong Duc Manh |
| Type: | Resolution | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 25/06/1996 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration , Organizational structure |
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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY -------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
No. 301-NQ/UBTVQH | Hanoi ,June 25,1996 |
ORDINANCE
ON THE CONCRETE TASKS AND POWERS OF THE PEOPLE’S COUNCIL AND PEOPLE’S COMMITTEE AT EACH LEVEL
Proceeding from Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;
Proceeding from the Law on Organization of the People’s Councils and People’s Committees (amended);
Proceeding from the Resolution of the IXth National Assembly, 8th Session, on legislative work;
This Ordinance provides for the concrete tasks and powers of the People’s Council and People’s Committee at each level,
Chapter I
GENERAL PROVISIONS
Article 1.- The People’s Council is the State organ of power in the locality representing the will, aspiration and right to mastery of the people. It is elected by the local people, takes responsibility before the local people and the higher State organs.
The People’s Council performs its tasks and powers as prescribed by the Constitution and the Law on Organization of the People’s Councils and the People’s Committees (amended) and other prescriptions of law and the concrete tasks and powers defined in this Ordinance.
Article 2.- The People’s Committee which is elected by the People’s Council is the executive organ of the People’s Council, the administrative organ of the State in the locality. It takes responsibility for the implementation of the Constitution, law and the other documents of the higher State organs and the resolutions of the People’s Council of the same level.
The People’s Committee performs its tasks and powers as provided for in the Constitution and the Law on Organization of the People’s Councils and People’s Committees (amended) and other prescriptions of law and the concrete tasks and powers defined in this Ordinance.
Article 3.- The People’s Council and the People’s Committee are organized and operate according to the principle of democratic centralism.
The People’s Council and the People’s Committee are answerable to the local people and the higher State organ. They manage the locality according to the Constitution, law and the documents of the higher State organs, ensure the unified leadership of the central level, develop the right to mastery of the people, strengthen socialist legislation, prevent and fight against all manifestations of bureaucracy, irresponsibility, arrogance, authoritarianism, corruption, wastefulness and other negative manifestations in the State agencies and officials and public servants and in the local administrative apparatus, take the initiative to perform in a creative manner the assigned tasks and powers, build and develop the locality in all fields in service of the practical interests of the people.
The People’s Council shall issue resolutions when it takes decision on questions pertaining to its tasks and powers; with regard to the resolutions concerning questions under the jurisdiction of the higher level, it must submit them to the higher level for ratification before their implementation. In the framework of its tasks and powers prescribed by law, the People�s Committee shall issue decisions or directives and organize and control their implementation.
Article 4.- In their activities, the People’s Council, its Standing Committee, the People’s Committee and the commissions of the People’s Council at the provincial and district levels, the People’s Council, the Chairman and Vice Chairman of the People’s Council and the People’s Committee at the commune level and the deputies to the People’s Council shall closely coordinate with the Vietnam Fatherland Front and its member organizations and other social organizations to care for and protect the legitimate interests of the people, and motivate them to join in the State management and the realization of the obligations toward the State.
Chapter II
TASKS AND POWERS OF THE PEOPLE’S COUNCIL AND PEOPLE�S COMMITTEE IN THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT
Section 1. TASKS AND POWERS OF THE PEOPLE’S COUNCIL IN THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT
Article 5.- In the economic field, the People’s Councils in the provinces shall:
1. Decide the long-term and annual plans for socio-economic development of the locality according to the general plan already ratified by the competent level; the undertakings and measures aimed at developing all potentials of the economic sectors in the locality, ensuring autonomy in production and business of the economic establishments as prescribed by law;
Adopt projects to encourage the development of agriculture, forestry, fisheries, industry, small industries and handicrafts; and projects of economic restructuring;
Adopt the policy of developing production, business, trade, tourism and services in the locality;
Adopt policies and measures on building and developing the economic structure, the various economic sectors, with emphasis on developing the State economy; building and developing the cooperatives in the locality;
Adopt policies of developing and planning the exploitation and protecting the systems of water conservancy and transport and other constructions in the localities as provided for by law;
Adopt the general plan for rural and urban development for the competent People’s Committee of the same level to submit to the competent level for ratification;
2. Draft and allocate the local budget; adopt the local budget statement of accounts, policies and measures to use the local budget; to readjust the local budget when necessary; to collect charges, fees and surcharges and other contributions of the people as prescribed by law; to assign powers to invest in the construction of the socio-economic infrastructural works in the locality;
3. Adopt policies and measures on labor and population distribution in the locality;
4. Adopt the general plan and plan for use of land as prescribed by law; measures for management and use of land, forests and mountains, rivers and lakes, water, subsoil and maritime resources, and protect other natural resources in the locality as prescribed by law;
5. Take measures to carry out the policy on thriftiness in State management activities, in production, business and consumption, and to fight against corruption and smuggling.
Article 6.- In the domain of culture, education, social affairs and life, the provincial People�s Council shall:
1. Decide policies and measures to develop culture, literature and arts, physical training and sports, radio broadcasting, television; to educate the youth, protect, care for and educate youngsters and children in the locality;
2. Adopt policies and measures to develop education and training; ensure the necessary material bases and conditions for the activities in education and training in the locality;
Take measures to protect, repair and preserve the historical and cultural relics and beautiful landscapes in the locality;
Adopt policies and measures to build a civilized life style and cultured families, to carry out education about the fine ethical traditions and the fine customs and habits of the nation; to prevent and fight against social evils and other unhealthy manifestations in the social life in the locality;
3. Adopt policies and measures to use the labor force, to create jobs and improve the working and living conditions of the working people; to improve the life of the people in the locality;
4. Adopt policies and measures to protect the health of the people, to protect and care for the aged persons, mothers and children; measures to carry out the population policy and family planning; to develop the health service in the locality and to prevent and fight against epidemics;
5. To adopt policies and measures to carry out the policy of preferential treatment , to care for and assist war invalids and diseased armymen, the families of fallen heroes, the persons and families who have done meritorious services to the country; and measures to carry out the policy on social insurance and social relief.
Article 7.- In the domain of science, technology and environment, the provincial People�s Council shall:
1. Adopt policies and measures to encourage research and innovations to improve techniques, and apply scientific and technological advances in service of production and life in the locality;
2. Adopt policies and measures to protect and improve the environment; to prevent and fight against natural calamities, storms and floods, and overcome their consequences; to fight against environmental deterioration and pollution, and environmental accidents in the locality as prescribed by law;
3. Adopt measures to implement the provisions of law on measurements and product quality, prevent the production and circulation of faked commodities in the locality, to protect the interests of consumers.
Article 8.- In the domain of defense, security, social order and safety the provincial People�s Council shall:
1. Adopt measures to carry out the task of building the armed forces and national defense of the entire people, to combine defense with economy and economy with defense, to ensure the enforcement of the military service regime, the task of on-spot supply to the army, the task of building the reserve force, the policy of the rear toward the army, and the policies toward the people�s armed forces in the locality;
2. Adopt measures to carry out the task of preserving security, order and social safety, to prevent and fight against crime and other law-breaking acts in the locality.
Article 9.- In the implementation of the policies on nationalities and religions, the provincial People’s Council shall:
1. Adopt measures to ensure the implementation of the policies on nationalities, improve the material and spiritual life and raise the cultural standard of the people of all ethnic communities, ensure the equality among the ethnic communities, and preserve and strengthen the solidarity and mutual assistance among the different ethnic groups in the locality;
2. Adopt measures to realize the policy on religions, the equality of the religions before law, the freedom of belief and religion, the right of citizens in the locality to adopt or not to adopt a religion as prescribed by law.
Article 10.- In the domain of law enforcement, the provincial People’s Council shall:
1. Adopt measures to ensure the implementation of the Constitution, law, and the documents of the higher State organ in the State agencies, politico-social organizations, social organizations, economic organizations, People’s armed forces units and all other citizens in the locality;
2. Adopt measures to protect the life, properties, freedom, honor, dignity and other legitimate rights and interests of citizens;
3. Adopt measures to protect the properties and interests of the State and protect the properties of the politico-social organizations, social organizations and economic organizations in the locality;
4. Adopt measures to ensure the settlement of complaints, denunciations and petitions of citizens as prescribed by law.
Article 11.- In the domain of building the local administration and managing the administrative boundary of the locality, the provincial People’s Council shall:
1. Elect, relieve or dismiss from office the Chairman, Vice-Chairmen of the People’s Council, the President and Vice Presidents and other members of the People’s Committee, the Heads and other members of the commissions of the People’s Council; elect, relieve or dismiss from office the People’s Assessors of the People’s Court of the same level as prescribed by law;
2. Dismiss the deputies to the People’s Council and accept their resignation as prescribed by law;
3. Revoke the wrong decisions of the People’s Committee of the same level; revoke or request the modification of the wrong decisions of the People’s Council of the immediate lower level;
4. Decide to dissolve the People’s Council of the immediate lower level if the latter causes serious damage to the interests of the people and submit the decision to the Standing Committee of the National Assembly for ratification before implementing it; ratify the resolutions of the People’s Council of the district level on the dissolution of the People’s Council of the commune level if the latter causes serious damage to the interests of the people;
5. Adopt the plan for delimitation and readjustment of the land boundaries among the administrative units at the district and commune levels, and submit them to the Government for consideration and decision; adopt the plans for delimitation and readjustment of the land boundaries of the administrative units of the province and request the Government to submit them to the National Assembly for consideration and decision;
6. Decide to name and rename roads, streets, squares and other public constructions and the administrative and non-business units in the province as provided for by the Government.
Article 12.- In its supervisory activities, the provincial People’s Council shall:
1. Supervise the activities of the Standing Committee of the People’s Council, the People�s Committee, the People’s Court, the People’s Procuracy of the same level; supervise the implementation of the resolutions of the People’s Council in the spheres defined in Articles 5, 6, 7, 8, 9, 10 and 11 of this Ordinance;
Supervise the observance of law by the State organs and the politico-social organizations, social organizations, economic organizations and units of the People’s Armed Forces and all other citizens in the locality;
2. Examine the reports of the Standing Committee of the People’s Council and People’s Committee, the People’s Court, the People’s Procuracy of the same level; examine the answers to the questions by the questioned as provided for in Article 24 of the Law on Organization of the People’s Councils and People’s Committees (amended);
3. In case of necessity, assign to the Standing Committee of the People’s Council, its commissions and deputies the task of assisting the People’s Council supervising the enforcement of law and the implementation of the resolutions of the People’s Council of the same level and report it to the People’s Council at its nearest session;
In the course of its supervisory work, the Standing Committee of the People’s Council and its commissions, the deputies to the People’s Council are entitled to request the State organs, the politico-social organizations, social organizations and economic organizations to supply the necessary documents and information; upon detection of any irregularities, it has the right to ask these agencies and organizations to examine the questions and settle them according to their authority.
The concerned agencies and organizations shall have to create conditions for the People’s Council, the Standing Committee of the People’s Council, the commissions of the People’s Council and the deputies to the People’s Council to discharge their supervisory tasks and powers as prescribed by law.
Article 13.- The People’s Council of the cities directly under the Central Government shall discharge their tasks and powers as prescribed in Articles 5, 6, 7, 8, 9, 10, 11 and 12 of this Ordinance. In addition it shall:
1. Adopt measures to bring into play the role of an economic and social center of a major urban center in its relations with the localities in the area, region and the whole country according to the allocation of responsibilities by the Government;
2. Adopt the plan of building the urban infrastructure, draw up the general plan of urban construction and development, and submit it to the Government for ratification;
3. Adopt measures to ensure public order and traffic order, and to protect the environment and the urban landscapes;
4. Adopt measures to administer the population in the city and organize their life.
Section 2. TASKS AND POWERS OF THE PEOPLE’S COMMITTEE OF THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT
Article 14.- Concerning planning, budget and finance, the provincial People’s Committee has the following tasks and powers:
1. To draw up long-term and annual plans for socio-economic development of the province and submit it to the People’s Council for approval before submitting it to the Government for ratification; to organize and direct the implementation of these plans;
To take part with the various ministries and branches at the central level in the delimitation of economic zones, in the elaboration of the programs and projects of the ministries and branches at the central level within the boundary of the province; to organize and control the implementation of the tasks under the assigned programs and projects;
2. Concerning the budget, the provincial People’s Committee has the following tasks and powers:
a/ To draw up the plan and project of allocation of the local budget, the plan for readjustment of the local budget in case of necessity and submit these plans to the People’s Council of the same level for decision and report them to the State administrative and financial agencies of the immediate higher level;
b/ To make the statement of accounts of the local budget and submit it to the People’s Council of the same level for ratification and report it to the State administrative and financial agencies of the immediate higher level;
c/ To draw up the plan for collection of charges, fees and surcharges and other contributions of the people as prescribed by law; to draw up the plan for the assignment of responsibilities in the investment on the economic and social infrastructural works in the locality and submit it to the People’s Council of the same level for decision; to organize and direct its implementation after the plan has been adopted;
d/ To check the resolutions of the People’s Council of the lower level about the budget plan and the budget statement of accounts;
e/ Basing itself on the resolution of the People’s Council of the same level, to assign the task of budget revenues and expenditures to each dependent agency and unit, the revenue and expenditure task and the supplementary allocations to the lower level budgets.
f/ To organize the use of the local budget; to assure the right allocation of budgets to each domain in the locality;
g/ To coordinate with the State organ of the higher level in the management of the State budget in each domain in the territory;
h/ To report on the State budget as prescribed by law;
3. To direct and inspect the tax agency and the agency assigned by the State to collect budget revenues in the locality; to assure correct collection, full and timely remittance to the budget as prescribed by law;
4. To establish the financial reserve fund as prescribed by law for submission to the People’s Council of the same level and report it to the State agency of the higher level.
Article 15.- Concerning agriculture, forestry, fisheries, water conservancy and land, the provincial People’s Committee has the following tasks and powers:
1. To draw up, organize and implement the general plan, the plan for development of agriculture, forestry, fisheries and water conservancy on the basis of the unified plan of the central government; to draw up and organize the carrying out of the programs of promotion of agriculture, forestry and fisheries; to organize and guide the arrangement of the cultivation seasons, the structure of plants, domestic animals, the technique of intensive farming, rotation of crops and inter-cropping in the territory of the province;
2. To anticipate, forecast and implement measures to prevent and eradicate crop and animal insects and pests;
3. To guide the implementation and control the production and use of plant and animal strains and food, medicines against crop pests, fertilizers, veterinary medicaments and biological products in service of agriculture;
4. To draw up the general plan and the plan for the use of land in the province and submit the plan to the People’s Council of the same level for ratification before submitting it to the Government for approval; to ratify the general plan and plan for use of land drawn up by the People’s Committee of the immediate lower level; to decide on the allotment, retrieval, leasing of land and the settlement of the land disputes, to supervise the use of land and carry out other tasks as prescribed by law;
5. To guide, direct and control the afforestation work and the protection of headwater forests, special-purpose forests, and protection of forests according to the general plan, organize the exploitation of forests as prescribed by the Government; to organize the raising, planting, fishing, processing and protection of the aquatic and maritime resources;
6. To draw up and organize the implementation of the water conservancy plan; to manage the exploitation and protection of the water resources, the exploitation and protection of medium and small water conservancy works; to manage and protect the system of dykes, the projects to prevent and fight against floods; to directly organize and mobilize and command the fight against storms and floods in the territory of the province as prescribed by law.
Article 16.- With regard to industry, small industries and handicrafts, the provincial People�s Committee has the following tasks and powers:
1. To work out the general plan and the plan for the development of industry, small industries and handicrafts in the province;
2. To take part in elaborating the projects on industrial production of the center and the economic areas related to the province; to perform its tasks as assigned by the Government with regard to the programs and projects of industrial development, building and developing the industrial zones and export processing zones;
3. To develop establishments for processing agricultural, forestry, aquacultural and maritime products and other industrial establishments;
4. To direct the building and development of the industrial, trade, service and tourist agglomerations in the towns and cities in the province and the townships;
5. To develop the trades, occupations and traditional craft villages in the territory of the province ;
6. To exercise State management over the units of industrial, small industries and handicraft production in the provincial territory under its jurisdiction;
7. To organize the protection of mineral resources which remain untapped in the locality; to organize and control the full exploitation of the natural resources in the locality.
Article 17.- With regard to communications and transport, the provincial People�s Committee has the following tasks and powers:
1. To guide and control the elaboration and implementation of the general plan, plans of communications and transport in the province in line with the general scheme for the development and the general program for communications and transport of the Central Government;
2. To organize the management of the urban transport facilities in the land roads and water ways in the locality according to provisions of law;
3. To organize the technical control over the safety of the various kinds of mechanized means of transport by land and water; to issue circulation permits and driving licenses as prescribed by law;
4. To organize and direct the inspection and protection of the transport facilities and traffic safety in the territory of the province; to direct the district and commune administration in the protection of the transport projects assigned to their management.
Article 18.- Concerning the urban development construction and management, the provincial People�s Committee has the following tasks and powers:
1. To organize the elaboration of, to submit for approval or to approve according to its competence, the general plan on urban construction, the building of rural population centers in the territory of the province; to manage the architecture, building and construction land according to the general plan already approved;
2. To manage the investments in and the exploitation and use of the technical infrastructural works in the urban areas and the rural population centers;
3. To approve the investment plans and projects of the construction under its jurisdiction; to manage the construction work in the provincial territory; to issue construction qualification certificates and construction permits;
4. To manage the implementation of the policies on dwelling houses and residential land; to manage the housing fund under State ownership assigned by the Government;
5. To draw up the general plan and plans for the development of building materials; to manage the exploitation and production and trading in building materials in the provincial territory according to its competence.
Article 19.- Concerning trade, service and tourism, the provincial People�s Committee has the following tasks and powers:
1. To draw up the general plan for the development of the business and trade network and the plan for the development of tourism; to join in international cooperation in trade, service and tourism when permitted by the Government;
2. To organize the management of export and import as prescribed by law; to direct market management work;
3. To lay down the regulations on safety and hygiene in trade activities within the confine of the province;
4. To guide and arrange the trade, service and tourist network in the provincial territory;
5. To issue and withdraw permits in the business of tourism, tourist areas, tourist sites, hotels, inland traveling in the province according to Government regulations;
6. To organize the inspection and control of the implementation of the State regulations on trade, service and tourist activities.
Article 20.- Concerning education and training, the provincial People’s Committee has the following tasks and powers:
1. To direct and organize the implementation of the plan on development of education and training; to ensure the material conditions for the professional activities in education and training;
2. To directly manage the teachers’ training colleges, the vocational secondary schools, the general secondary schools, the complementary education schools; to train and foster the contingent of teachers in the province up to the teachers� training college level;
To exercise State management over the various forms of schools and classes assigned to it in the provincial territory; to allow the establishment of the semi-public and people-founded schools according to government regulations;
3. To manage the observance of the criteria for teachers, the exams regulations and the granting of diplomas as prescribed by law;
4. To supervise and inspect the work of education and training in the provincial territory as prescribed by the Ministry of Education and Training.
Article 21.- Concerning culture, information, physical training and sports, the provincial People’s Committee has the following tasks and powers:
1. To draw up and organize the execution of the programs of development of culture, information, physical training and sports in the province;
2. To direct the protection, repair and preservation of the historical and cultural relics and the beautiful landscapes, the other cultural and artistic works according to its competence; to guide the building of a civilized lifestyle and cultured families; to organize the physical culture and sport competitions and art festivals in the locality;
3. To exercise State management over the cultural, information, advertisement, press, publication, physical culture and sport activities as prescribed by law;
4. To organize and manage the non-business units operating in the domain of culture, physical training, sport, radio and television of the province;
5. To organize or be empowered to organize national or international exhibitions, fairs and cultural, physical culture and sport activities in the provincial territory;
6. To inspect and prevent the trading and circulation of reactionary or depraved books and newspapers and cultural products as prescribed by law.
Article 22.- On social affairs and life, the provincial People’s Committee has the following tasks and powers:
1. To direct the execution of plans and measures to protect the health of the people, protect and care for the aged persons, mothers and children, to carry out the population policy and the policy on family planning; to manage the activities of the healthcare units under the provincial jurisdiction; to grant operating permits for private medical and pharmaceutical businesses;
2. To carry out the plan and measures on the use of the labor force, to settle unemployment and conduct population redistribution on the provincial scale;
3. To carry out the policies of preferential treatment toward, care and assistance to the war invalids, diseased armymen, the families of fallen heroes and the persons and families who have made meritorious services to the country; to carry out the policy of labor protection, social insurance and social relief;
4. To organize and direct the implementation of the policy of eradicating famine and alleviating poverty, improving the life of the population; to guide the charitable and humanitarian activities; to prevent and fight against social evils; to prevent and fight against epidemics in the locality.
Article 23.- Concerning science, technology and the environment, the provincial People’s Committee has the following tasks and powers:
1. To organize and direct the use of measures to encourage research and innovation to improve techniques and apply scientific and technological advances in service of production and life in the locality;
2. To carry out concrete tasks and plans for the development of science technology and environmental protection in the locality;
3. To manage the programs and projects on scientific research at the provincial level or assigned by the higher level;
4. To manage the activities in technology transfer, to take part in State expertise of technology with regard to the important investment projects in the locality;
5. To direct and organize the protection and improvement of the environment; to prevent and fight against natural calamities, storms and floods, environmental deterioration and pollution and to overcome their consequences; and to determine the responsibility of each organization and individual to handle the environmental issue as prescribed by law;
6. To inspect the implementation of the provisions of law on measurement criteria and product quality; to make public the criteria of commodities quality of the production establishments in the locality; to prevent the production and circulation of faked goods in the locality, to protect the interests of consumers;
7. To direct the inspection of the implementation of policies and laws on science, technology and environmental protection by the organizations and individuals in the locality.
Article 24.- Concerning national defense, the provincial People’s Committee has the following tasks and powers:
1. To organize the execution of measures to build the armed forces and national defense by the entire people; to direct the education of the tasks of the national defense by the entire people among the population and in the schools in the locality;
2. To organize and direct the implementation of the plans of building the province into a firm defense area; to direct the building of the forces and combat activities of the local army and militia and self defense forces; to direct the implementation of the Law on Military Service and the recruitment for the army; to build the reserve forces when the need to defend the Fatherland arises, to meet the demand of the locality and the whole country in all circumstances as prescribed by the Government;
3. To carry out the on-spot supply for the army, the policies of the rear toward the army and the policies toward the people’s armed forces in the locality;
4. To direct and organize the combination of defense with economy and economy with defense; to manage and protect the defense works and the military areas in the provincial territory.
Article 25.- Concerning public security and order and social safety, the provincial People’s Committee has the following tasks and powers:
1. To assure political security, and social order and safety, to build the people’s security forces; to direct the prevention and fight against crime, corruption and smuggling; to protect State secrets and build the mass movement to ensure public security and order and social safety;
2. To direct, control and manage the transportation and use of weapons, explosives, inflammable, toxic and radio-active substances; to manage the special businesses as prescribed by law;
3. To direct and inspect the observance of the regulations on the control of residence registration, management of the stay and movement of foreigners in the locality;
4. To organize and inspect the observance of the rules, regulations and measures against fires, fire fighting, and the assurance of traffic security and order, and public security and social safety.
Article 26.- On the implementation of the policies on nationalities and the policy on religion, the provincial People’s Committee has the following tasks and powers:
1. To organize, direct and inspect law enforcement and the policy on nationalities; to organize and direct the implementation of measures to ensure conditions to improve the material and spiritual life and raise the cultural standard of the people of ethnic minorities and the people in the remote areas, areas lying deep in the hinterland and areas still facing many difficulties;
2. To ensure the realization of equality among nationalities, to preserve and strengthen the solidarity and mutual aid among the different ethnic groups in the locality;
3. To draw up and organize the implementation of the programs and projects of the province toward the areas of ethnic minorities, the remote areas, areas lying deep in the hinterland and areas still facing many difficulties;
4. To organize and direct the implementation of the policy on religion, the equality among religions before law; the freedom of belief and religion of the local people; to examine and settle the proposal for the repair of the worshipping and religious buildings of the local people as prescribed by law; to combat all acts of encroachment upon the freedom of belief and religion as well as all acts of misusing belief and religion to act counter to law and the policies of the State.
Article 27.- Concerning law enforcement, the provincial People’s Committee has the following tasks and powers:
1. Basing itself on the documents of the State agency of the higher level and the resolutions of the People’s Council of the same level, to issue decisions and instructions and organize and check their implementation, to ensure that these documents do not contravene the Constitution, law and the documents of the State agencies of the higher level;
2. To carry out the wide popularization and education of law; to organize ,direct and inspect the observance of the Constitution, law and the documents of State agencies of the higher level and the resolutions of the People’s Council of the same level among the State agencies, politico-social organizations, social organizations, economic organizations, people’s armed forces units and citizens in the locality;
3. To organize and direct the implementation of measures to protect the properties of the State, politico-social organizations, social organizations and economic organizations, to protect the life, freedom, honor, dignity, properties and other legitimate rights and interests of citizens;
4. To organize and direct State inspection, to organize the reception of the people and the settlement of complaints, denunciations and petitions of citizens as prescribed by law;
5. To organize and direct the execution of verdicts in the locality as prescribed by law;
6. To organize and direct the management of residence registration, to carry out notarization and juridical expertise and management of the lawyers’ association and legal consultancy as prescribed by law;
7. To decide the handling of administrative violations as prescribed by law.
Article 28.- Concerning the building of the administration, the State management over the economic organizations, social organizations and the management of the boundary of administrative units, the provincial People’s Committee has the following tasks and powers:
1. To organize and direct the election to the National Assembly and the People’s Councils as prescribed by law;
2. To draw up the annual plans for the distribution of the administrative and non-business payrolls in the province; to manage the organization, personnel, labor and wages according to the assignment of responsibilities by the Government;
To organize the training and retraining of the contingent of public servants and officials of the commune level, raise the knowledge in State management for the deputies to the People’s Councils of the district and commune levels as guided by the Government;
To conduct the commendation and the implementation of the policies and regimes toward the officials and State employees as prescribed by law;
3. To set up, merge, dissolve, appoint and assign concrete powers to the specialized agencies and non-business organizations under the People’s Committee as prescribed by the Government; to direct and manage the organization and payrolls of these agencies and organizations;
4. To carry out State management toward these agencies and units of the central level located in the provincial territory;
5. To allow the establishment, dissolution and equitization of the State enterprises according to the assignment of responsibilities by the Government; to grant and revoke the permits to establish private enterprises, companies with limited liabilities and stock companies; to allow the economic organizations in the country to set up representative offices and branches to operate in the provincial territory as prescribed by law;
6. To allow the founding of associations and non-governmental organizations as prescribed by law; to manage, guide and inspect the founding and activities of these organizations as prescribed by law;
7. To draw up the plan for the delimitation and adjustment of the boundaries of administrative units of the district and commune levels and submit the plans to the People’s Council of the same level for approval before submitting them to the higher authority for consideration and decision; to draw up the plans for the delimitation of the boundaries of the administrative units of the provincial level and submit them to the People�s Council of the same level for approval before requesting the Government to submit them to the National Assembly for consideration and decision;
8. To manage the dossiers, boundary posts, landmarks and maps of the administrative territory of the province and of the administrative units in the province as prescribed by law;
9. To submit to the People’s Council for decision the naming, renaming of the streets, squares and public utility constructions and the administrative and non-business units in the province as prescribed by the Government.
Article 29.- The People’s Committee of the cities directly under the Central Government shall have to perform the tasks and powers as defined in Articles 14, 15 ,16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 of this Ordinance and also the following tasks and powers:
1. To organize the implementation of measures to develop the role of a major urban center as the economic and social center in its relations with the localities in the area, the region and the whole country according to the assignment of responsibilities by the Government;
2. To direct and organize the implementation of the plans for building the urban infrastructural works; to draw up the overall plan on urban construction and development and submit it to the People’s Council of the same level for approval before submitting it to the Government for ratification;
3. To implement policies and measures to create the financial sources, to raise capital for urban development; to build and exert unified management of the urban technical infrastructure as prescribed by law;
4. To directly manage the urban land fund, the use of the capital derived from this fund in service of the construction of the urban technical infrastructure as prescribed by law;
5. To manage the urban houses; to manage the real estate business, to use the capital derived from the dwelling house fund under State ownership in the city to develop housing in the urban centers; to inspect the observance of law in the dwelling house construction in urban centers;
6. To guide and arrange the urban trade and service network;
7. To draw up the plan and take measures to provide jobs, to prevent and fight against social evils in the urban centers as prescribed by law;
8. To organize and direct the use of measures to manage the population in the city and the organization of life of the urban population;
9. To organize and direct the task of ensuring public order, traffic order and the protection of the environment and landscapes in the urban centers.
Article 30.- In its relations with foreign countries, the People’s Committee of the provinces and cities directly under the Central Government shall have to perform a number of activities as assigned and directed in a unified manner by the Government.
Chapter III
TASKS AND POWERS OF THE PEOPLE’S COUNCIL AND PEOPLE’S COMMITTEE OF A DISTRICT OR TOWN OR CITY UNDER THE JURISDICTION OF A PROVINCE
Section 1. TASKS AND POWERS OF THE PEOPLE’S COUNCIL OF A DISTRICT OR TOWN OR CITY UNDER THE JURISDICTION OF A PROVINCE
Article 31.- In the economic domain, the district People’s Council shall:
1. Decide the annual plan for socio-economic development of the locality according to the general plan already ratified by the competent agency; adopt policies and measures to bring into full play the potentials of all economic sectors in the locality, ensure the autonomy in production and business of the economic establishments as prescribed by law;
2. To draft and allocate the local budget; to ratify the budget statement of accounts of the locality; adopt policies and measures to execute the local budget; readjust the draft budget of the locality when necessary;
3. To adopt measures to distribute the labor force and population in the locality;
4. To adopt measures to ensure the fulfillment of the programs for promotion of agriculture, forestry and fisheries and development of industry, small industries and handicrafts;
5. To adopt policies and measures to build and develop the cooperatives in the locality;
6. To draw up the general plans and the plan on the use and management of land as prescribed by the land legislation.
7. To draw up the general plan for water conservancy and take measures to protect the dykes and other water conservancy works, to protect the forests as prescribed by law;
8. To draw up the general plan for the development of the communes and townships and the transport network of the district;
9. To take measures to carry out the policy of thriftiness in State management activities and to fight against corruption and smuggling.
Article 32.- Concerning culture, education, social affairs and the people�s life, the district People�s Council shall decide:
1. Measures to develop culture, literature and arts, education, medical care, physical culture, sports and radio broadcasting as ratified by the competent authority;
2. Measures to educate the youth, protect, care for and educate youngsters and children; to build a civilized way of life and cultured families, to carry out education about the fine ethical traditions, to preserve the fine customs and habits of the nation, to prevent and combat social evils and other unhealthy manifestations in social life in the locality;
3. Measures to protect and care for the people’s health, to prevent and fight against diseases and epidemics, to care for the old persons, invalids, helpless orphans, mothers and children; to carry out the population policy and family planning;
4. Measures to carry out the policy of preferential treatment, care and assistance to the war invalids and diseased armymen, the families of fallen heroes, the persons and families who have done meritorious services to the country; measures to carry out the policy of social insurance, social relief, to eradicate famine and alleviate poverty;
5. Measures to preserve, maintain and repair the cultural and artistic works , historical and cultural relics and beautiful landscapes as assigned by the provincial authorities.
Article 33.- In the domain of science, technology and the environment, the district People’s Council shall decide:
1. Measures to apply scientific and technological advances, develop the innovations to improve techniques in service of production and the people�s life in the locality;
2. Measures to protect and improve the environment in the locality as prescribed by law; measures to prevent and fight against natural calamities, storms and floods, and overcome their consequences;
3. Measures to implement the regulations of law about the criteria of measurement and product quality, prevent the production and circulation of faked goods in the locality, protect the interests of consumers.
Article 34.- In the domain of national defense, public security and order and social safety, the district People’s Council shall decide:
1. Measures to carry out the task of building the armed forces and the national defense of the entire people, ensure the enforcement of the military service regime, build the reserve forces, carry out the tasks of on-the-spot supply for the army, the policies regarding the rear of the army and the policies regarding the people’s armed forces in the locality; measures to combine defense with economy and economy with defense;
2. Measures to carry out the task of preserving public secutity and order and social safety, measures to prevent and combat crime and other law breaking acts in the locality.
Article 35.- In the carrying out of the policy on nationalities and the policy on religion, the district People’s Council shall decide:
1. The tasks of implementing the programs and projects on socio economic development of the province with regard to the areas inhabited by ethnic minorities, the remote regions, areas lying deep in the hinterland and areas still meeting with many difficulties.
2. Measures to ensure the implementation of the policies on nationalities and the policy on religion as prescribed by law;
Article 36.- In the domain of law enforcement, the district People’s Council shall decide:
1. Measures to ensure the implementation of the Constitution, laws and the documents of the higher State agencies, the politico-social organizations, social organizations, economic organizations, people’s armed forces units and citizens in the locality;
2. Measures to protect the life, property, freedom, honor, dignity and the other legitimate rights and interests of citizens;
3. Measures to protect the properties and interests of the State, protect the properties of the politico-social organizations, social organizations and economic organizations in the locality;
4. Measures to ensure the settlement of complaints, denunciations and petitions of citizens as prescribed by law.
Article 37.- In the domain of building the local administration and managing the administrative boundary, the district People’s Council shall:
1. Elect, relieve from office or dismiss the Chairman and Vice-Chairmen of the People’s Council, the President, Vice-Presidents and other members of the People’s Committee, the Heads of commissions and other members of the commissions of the People’s Council; elect, relieve from office or dismiss the People’s Assessor of the People’s Court of the same level as prescribed by law;
2. Dismiss the deputies to the People’s Council, accept the resignation from office of deputies to the People�s Council of the same level as prescribed by law;
3. Abrogate the wrong decisions of the People’s Committee of the same level; abrogate or ask modifications to the wrong resolutions of the People’s Council of the immediate lower level;
4. Decide to dissolve the People’s Council of the lower level in case the latter causes serious damage to the interests of the people, and submit the decision to the provincial People’s Council for approval before it takes effect;
5. Adopt the plan for delimitation and readjustment of the boundaries of the administrative units in the locality and submit the plan to the higher level for consideration and decision.
Article 38.- In the supervisory activities, the district People’s Council shall:
1. Supervise the activities of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court and the People’s Procurate of the same level; supervise the implementation of the resolutions of the People’s Council in the domains defined in Articles 31, 32, 33, 34, 35, 36 and 37 of this Ordinance;
Supervise the observance of law by the State agencies, the politico-social organizations, social organizations, economic organizations, people’s armed forces units and citizens in the locality;
2. Examine the reports of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court, the People’s Procurate of the same level; examine the answers to the questions of the questioned persons as provided for in Article 24 of the Law on Organization of the People’s Councils and People’s Committees (amended);
3. When necessary, it shall ask the Standing Committee of the People’s Council, the commissions of the Council and its deputies to help the Council to supervise the enforcement of law, the resolutions of the People’s Council of the same level and report it to the People’s Council at the nearest session;
In the process of supervision, the Standing Committee of the People’s Council, its commissions and deputies are entitled to ask the State agencies, politico-social organizations, social organizations and economic organizations of the same level to provide necessary documents and information; when irregularities are detected, it is entitled to ask these agencies and organizations to examine and settle according to their competence.
The concerned competent agencies and organizations shall have to create conditions for the People’s Council, its Standing Committee and commissions and deputies to carry out the tasks and powers of supervision as prescribed by law.
Article 39.- The district People’s Council on the offshore islands shall carry out the tasks and powers as defined in Articles 31, 32, 33, 34, 35, 36, 37 and 38 of this Ordinance and also the following tasks and powers:
1. To decide measures to build and develop the district in all fields; measures to administer and defend the islands and sea areas as prescribed by law;
2. To decide measures to organize life for the population of the district;
3. To perform other tasks and powers as prescribed by the Government.
Article 40.- The district People�s Council shall perform the tasks and powers as defined in Articles 31, 32, 33, 34, 35, 36, 37 and 38 of this Ordinance and decide measures to ensure unified implementation of the socio-economic development plan and the general urban plan of the city.
Article 41.- The People’s Council of the town or city under provincial jurisdiction shall perform the tasks and powers as defined in Articles 31, 32, 33, 34, 35, 36, 37 and 38 of this Ordinance and also the following tasks and powers:
1. To adopt the overall plan on urban construction and development of the towns and cities in the province on the basis of the general plan of the province and submit it to the higher People�s Committee for ratification;
2. To decide the plan on the construction of the urban infrastructure of the towns and cities in the province;
3. To decide measures to ensure public order, traffic order and protect the environment and landscapes in the towns and cities in the province;
4. To decide measures to manage the urban population and organize the life of the population in the towns and cities in the province.
Section 2. TASKS AND POWERS OF THE PEOPLE’S COMMITTEE OF A DISTRICT OR TOWN OR CITY UNDER THE JURISDICTION OF A PROVINCE
Article 42.- Concerning planning, budget and finance, the district People’s committee has the following tasks and powers:
1. To work out the annual plan for economic and social development plan and submit it to the People�s Council of the same level for adoption before its ratification by the provincial People�s Committee; to organize the implementation of this plan;
2. On the budget, the district People’s Committee shall:
a/ Work out the draft budget and the plan for allocation of the local budget, the plan for readjustment of the local budget in case of necessity to submit to the People’s Council of the same level for decision and report it to the immediate higher State administrative and financial agencies;
b/ To draw up the statement of accounts of the local budget and submit it to the People’s Council of the same level for ratification and report it to the immediate higher State administrative and financial agencies;
c/ To examine the resolutions of the People’s Councils of the communes or townships on the draft budget and budget statement of accounts;
d/ Basing itself on the resolutions of the People’s Council of the same level, to assign the task of budget revenue and expenditures of each dependent agency and unit; the revenue and expenditure task and the additional allocation to the budget of the lower level;
e/ To organize the implementation of the local budget;
f/ To coordinate with the higher State agency in the management of the State budget in the territory of the district;
g/ To report on the State budget as prescribed by law;
3. To ratify the economic and social plans of the communes and townships;
4. To guide and control the People’s Committees of the communes and townships in the elaboration and implementation of their budgets;
5. To direct and control the tax agency and the agency assigned by the State the task of budget revenue in the locality; to ensure right budget collection and full and timely remittance to the budget as prescribed by law.
Article 43.- In the domains of agriculture, forestry, fisheries, water conservancy and land, the district People’s Committee has the following tasks and powers:
1. To work out and submit to the People’s Council of the same level for adoption the programs of promotion of agriculture, forestry and fisheries on the basis of the programs of the province and organize the implementation of these programs;
2. To direct the People’s Committees of the communes and townships in carrying out measures to restructure the economy in order to develop agriculture, protect the forests, afforest and exploit forest products, develop the various methods and branches of fisheries, in raising and processing aquatic and maritime products as prescribed by the higher level;
3. To work out the general plan and plans for use of land in the locality and submit them to the People’s Council of the same level for approval before submitting them to the provincial People’s Committee for ratification; to ratify the general plan and plans for use of land submitted by the People’s Committees of the communes and townships; to exercise its competence in the allotment and retrieval of land, in leasing land and settling land disputes, to inpect the land and perform other tasks as prescribed by law; to inventorize, check and monitor the use of the land fund in the locality;
4. To work out the general plan for water conservancy; to organize the protection of dykes and medium and small water conservancy projects as prescribed by law; to manage the irrigation system in the district.
Article 44.- In the domain of industry, small industries and handicrafts, the district People’s Committee has the following tasks and powers:
1. To join the provincial authorities in the elaboration of the general plan and plans for the development of industry, small industries and handicrafts in the district;
2. To build and develop industrial, small industries and handicraft and service establishments in the communes and townships; to develop the establishments for processing agricultural, forestry and aquatic products and other industrial establishments under the guidance of the provincial People’s Committee;
3. To organize and develop traditional craft villages to produce products of value for consumption and export.
Article 45.- Concerning construction and communication and transport, the district People�s Committee has the following tasks and powers:
1. To organize the elaboration, propose the adoption or adopt according to its jurisdiction the general plan for the building of townships and rural population centers in the district; to manage the implementation of the general plan on construction already ratified;
2. To manage, exploit and use the urban infrastructures, to manage the rural population centers in the district as assigned by the provincial People’s Committee;
3. To manage the construction, issue permits for construction and inspect the implementation of law in construction;
4. To organize the implementation of the policies on housing; to manage residential land and the housing fund under State ownership in the district as assigned by the provincial People’s Committee;
5. To manage the exploitation, production and trade in building materials as assigned by the provincial People’s Committee.
Article 46.- Concerning trade, service and tourism, the district People’s Committee has the following tasks and powers:
1. To set up and develop the trade, service and tourist network in the locality;
2. To inspect the observance of the regulations on safety and hygiene in commercial activities in the locality;
3. To arrange the trade, service and tourist network and inspect the observance of the State regulations on trade, service and tourism activities in the district.
Article 47.- Concerning culture, education, social affairs and the people�s life, the district People�s Committee has the following tasks and powers:
1. To work out programs and projects for development of culture, education, healthcare, physical culture, sports and radio broadcasting in the district, and organize their implementation after their ratification by the authorized level;
2. To organize the implementation of the regulations of law on the universalization of education, to manage the primary schools, basic secondary schools and job training schools; to set up infant schools; to carry out the policy of socialization of education in the district, to eradicate illiterary; to carry out the prescriptions on the criteria of teachers and the regulations on examinations;
3. To guide and direct the mass cultural, art and literature, physical training and sports movement, and build a civilized lifestyle and cultured families;
4. To manage the public utility works assigned to it; to guide the cultural movement and the activities of the physical training and sport centers; to protect the historical and cultural relics and the beautiful landscapes;
5. To organize the implementation of the plan for healthcare already ratified; to manage the medical centers and stations; to direct and guide the protection of the people�s health, to prevent and fight against epidemics, to protect and care for the old persons, the disabled, helpless orphans, to protect and care for mothers and children; to carry out the policy on population and family planning;
6. To inspect law observance in the activities of the private medical and pharmaceutical establishments, the printing, copying and distribution of printed matters;
7. To organize and direct job training and the settlement of unemployment among the working people; to organize the movement of eradication of famine and alleviation of poverty; to guide the humanitarian and charitable activities;
8. To carry out and guide the implementation of the policies and regime of the State with regard to the war invalids, diseased soldiers, families of fallen heroes, and the persons and families having done meritorious services to the country.
Article 48.- Concerning science, technology and the environment, the district People’s Committee has the following tasks and powers:
1. To take measures to apply scientific and technological advances in service of production and the people’s life in the locality;
2. To organize the protection of the environment, to prevent and fight against natural calamities, storms and floods and overcome their consequences;
3. To organize the implementation of the prescriptions of law concerning the criteria on measurement and product quality; to inspect the quality of products and commodities in the district; to prevent the production and circulation of faked goods in the locality.
Article 49.- In the domain of national defense, the district People’s Committee has the following tasks and powers:
1. To launch a mass movement to take part in the building of the armed forces and national defense of the entire people; to carry out the plan of building the district defense zone; to manage the reserve force; to direct the building of the militia and self-defense force and the training of these forces.
2. To organize the implementation of the military service regime; to organize the registration for military service and medical check and recruitment; to decide the recruitment, delivery of the new recruits, the deferment or exemption of military service duty and handle the violations of the miliary service regime as prescribed by law;
3. To carry out the tasks of on-the-spot supply for the army, the policy of the rear toward the army, and the policy toward the people’s armed forces in the locality.
Article 50.- Concerning security, public order and social safety, the district People’s Committee has the following tasks and powers:
1. To organize the execution of the task of maintaining public security and order and social safety, to build strong people’s security force, protect the State secrets, prevent and fight against crime, social evils and other law- breaking acts in the locality;
2. To organize and direct the management of the population registration, manage the stay and movement of foreigners in the locality; to carry out and direct the prevention and fight against fires, and ensure traffic order and safety;
3. To educate and mobilize the population to take part in the movement to preserve public security and order and social safety.
Article 51.- On the implementation of the policy on nationalities and the policy on religion, the district People’s Committee has the following tasks and powers:
1. To conduct wide popularization and education about the policy and law on nationalities and religion; to direct the implementation of the policy on nationalities and the policy on religion in the locality;
2. To organize the execution of the tasks assigned concerning the programs, plans and projects for socio-economic development of the province with regard to the areas inhabited by the ethnic minorities, the remote areas, areas lying deep in the hinterland and the areas still facing many difficulties;
3. To guide and inspect the People’s Committees of the communes and townships in the realization of the policies and measures of the State and the higher authorities aimed at assuring the implementation of the policy on religion, equality of the religions before law, the freedom of belief and religion, the right of citizens in the locality to adopt or not to adopt any religion as prescribed by law;
4. To fight against all acts of violation of the freedom of belief and religion, or misusing the freedom of belief and religion to act counter to the prescription of law and the policy of the State as prescribed by law.
Article 52.- Regarding the enforcement of law, the district People’s Committee has the following tasks and powers:
1. Basing itself on the documents of the higher State agencies and the resolutions of the People�s Council of the same level, to issue decisions and instructions and organize and inspect their implementation;
2. To organize the wide popularization and education of law, inspect the observance of the Constitution, laws and documents of the higher State agencies and the resolutions of the People�s Council of the same level;
3. To organize the implementation of and direct the People’s Committees of the communes and townships to implement the measures to protect the properties of the State, politico-social organizations, social organizations, economic organizations, to protect the life, freedom, honor, dignity, properties and other legitimate rights and interests of citizens;
4. To direct the carrying out of the population registration in the locality;
5. To organize and direct the execution of verdicts as prescribed by law;
6. To organize and direct the State inspectoral and supervisory work; to organize the reception of the people, settle in time the complaints and denunciations and petitions of citizens; to guide and direct the reconciliation work in the communes and townships;
7. To decide the handling of the administrative violations as prescribed by law.
Article 53.- On the building of the administration and exercise of State management over the economic organizations and the management of the boundary of administrative units, the district People’s Committee has the following tasks and powers:
1. To organize the election to the National Assembly and the People’s Council as prescribed by law;
2. To propose to the provincial People’s Committee to decide the establishment, merger and dissolution of the specialized agencies of the People’s Committee;
3. To manage the organization, personnel, labor and salary as assigned by the Government; to organize the commendation, carry out the policies and regimes regarding officials and State employees in the territory as prescribed by law;
4. To exercise State management over the production and business establishments in the territory as prescribed by law;
5. To consider, issue and revoke business licenses for the cooperatives and the other business activities as prescribed by law;
6. To manage the dossiers, boundary posts and landmarks, and territorial boundaries of the district;
7. To work out the plan for delimitation and readjustment of the boundary of administrative units in the locality and submit them to the People’s Council of the same level for approval before submitting them to the higher authority for consideration and decision.
Article 54.- The district People’s Committee on the offshore islands shall perform the tasks and powers as defined in Articles 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53 of this Ordinance and also the following tasks and powers:
1. To organize the implementation of the resolutions of the People’s Council on the building and development of the district in all fields, with emphasis on the planting, raising and exploitation and protection of the maritime products, and the prevention and fight against natural calamities;
2. To organize the life of the population, to care for the development of education, healthcare and the cultural life of the district;
3. To coordinate with the various forces in the management and defense of the island and the sea area;
4. To perform the other tasks and powers as prescribed by the Government.
Article 55.- The district People’s Committee shall perform the tasks and powers as defined in Articles 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53 of this Ordinance and also the following tasks and powers:
1. To organize the implementation of the measures to ensure the unified realization of the economic-social plan and the urban general plan of the city;
2. To manage and inspect the use of the housing fund under State sponsorship in the territory as assigned by the Government; to organize the implementation of the decisions on the handling of violations in construction, misappropriation of land as defined by law; to decide the suspension or dismantlement according to its jurisdiction the construction projects which have no permits or are contrary to the permits;
3. To manage and control the use of the public utility constructions on its territory as assigned by the city;
4. To organize the implementation of the prescriptions of law on the prevention and fight against fires.
Article 56.- The People�s Committees of the towns and cities under the jurisdiction of the province shall perform the tasks and powers as defined in Articles 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, and 53 of this Ordinance and also the following tasks and powers:
1. To implement the resolutions of the People’s Council on the overall plan of urban construction and development of the towns and cities under the jurisdiction of the province on the basis of the common plan, the plan of building technical infastructural works in urban areas, measures to assure public order and traffic order, protect the environment and the beautiful landscapes of the urban areas; measures to manage the urban population and organize the life of the population on the territory;
2. To manage and inspect the use of the housing fund under State ownership on the territory as assigned by the Government, to organize the implementation of the decision on handling violations in the domain of construction and the misappropriation of land as defined by law, to decide to suspend or dismantle according to its competence the construction projects which have no permits or are contrary to the permits;
3. To manage and inspect the use of public utility works assigned to it on the territory; to build State-general schools of various degrees and public utility works such as lighting, water supply and drainage systems, in-town traffic, traffic safety and urban hygiene;
4. To manage the cultural, information, physical training and sport establishments of the towns and cities under the province’s jurisdiction; to protect the historial, cultural relics and beautiful landscapes under the management of the towns and cities under provincial jurisdiction;
5. To guide and inspect and organize the implementation of the prescriptions of law on the prevention and fight against fires.
Chapter IV
TASKS AND POWERS OF THE PEOPLE’S COUNCIL AND PEOPLE’S COMMITTEE OF THE COMMUNE, WARD AND TOWNSHIP
Section 1. TASKS AND POWERS OF THE PEOPLE’S COUNCIL OF THE COMMUNE, WARD AND TOWNSHIP
Article 57.- In the economic domain, the People’s Council of the commune or township shall:
1. Decide measures for annual economic and social development aimed at developing all potentials of the locality;
2. Draft and allocate the local budget; adopt the budget statement of accounts of the locality; decide measures to use the local budget; readjust the local draft budget in case of necessity;
3. Adopt the general plan and plans to use land in the locality; measures to manage and make rational and effective use of the land fund which it is allowed to keep in service of the public utility needs of the locality;
4. Take measures to encourage and motivate the farmers to restructure the economy, the crops and domestic animals according to the common general plan;
5. Take measures to carry out the program of encouraging the development of agriculture, forestry, fisheries, small industries and handicrafts under the guidance of the higher State agency;
6. Take measures to build and develop the cooperatives and the cooperative groups in the locality; to motivate the population to join the cooperatives;
7. Take measures to manage, use and protect the water resources and the water conservancy projects under the guidance of the higher level; to prevent and fight against natural calamities, storms and floods and overcome their consequences, to protect the forests, reinforce and protect the dykes in the locality;
8. Take measures to build and repair roads, bridges and culverts in the commune and other infrastructural works in the locality;
9. Take measures to carry out the policy of thriftiness and fighting against corruption and smuggling.
Article 58.- In the domain of culture, education, social affairs and life, the People�s Council of the commune or township shall :
1. Take measures to develop culture, education in the locality, to ensure the necessary conditions for the children to attend the first form at the right age, to complete the program of universalization of education; to organize the infant schools, conduct complementary education and eradication of illiteracy in the prescribed age groups;
2. Take measures to educate the youth, to protect, care for and educate the youngsters and children; to build a civilized lifestyle and cultured families, conduct education about the fine ethical traditions, preserve the fine customs and habits of the nation; to prevent the propagation of reactionary and depraved culture, to combat superstition and harmful customs and habits, prevent and fight against social evils and other unhealthy manifestations in the social life in the locality;
3. Take measures to develop the cultural, literary and artistic, physical training and sport activities, to guide the holding of traditional festivals; to protect the historical and cultural relics and the beautiful landscapes in the locality;
4. Take measures to ensure hygiene, prevent and fight against epidemics, carry out effectively the primary healthcare program, the population program and family planning;
5. Take measures to carry out the policies and regimes toward war invalids, diseased armymen, families of fallen heroes, the persons and families having done meritorious services to the country, carry out and take measures to motivate the population to assist the needy families, old persons, the disabled, helpless orphans, organize the care for the beneficiaries; measures to eradicate famine and alleviate poverty.
Article 59.- In the domains of defense, public security and social order and safety the People�s Council of the commune or township shall:
1. Take measures to perform the tasks of building the defense of the entire people; ensure the enforcement of the military service regime, build the militia and self-defense forces in the locality;
2. Take measures to perform the tasks of on-the-spot supply to the front, the tasks of army mobilization, the policy of the rear toward the army and the policies toward the people�s armed forces in the locality;
3. Take measures to ensure the tasks of maintaining public security and order and social safety; to prevent and fight against crime, and other law breaking acts in the locality;
4. Take measures to ensure public order and social safety.
Article 60.- In the implementation of the policy on nationalities and the policy on religion, the People�s Council of the commune or township shall:
1. Take measures to ensure the observance of the policy on nationalities, to improve the material and spiritual life, raise the cultural standard of the people of ethnic minorities; to ensure the equality among the nationalities, to preserve and strengthen the solidarity and mutual assistance among the nationalities in the locality;
2. Take measures to ensure the implementation of the policy on religion and the freedom of belief and religion of the local population as prescribed by law.
Article 61.- In the domain of law enforcement, the People’s Committee of commune or township shall decide:
1. Measures to ensure the observance of the Constitution, laws, and documents of higher State agencies in the locality;
2. Measures to protect the life, properties, freedom, honor, dignity and other legitimate rights and interests of citizens;
3. Measures to protect State properties and interests, protect the properties of politico-social organizations, social organizations and economic organizations in the locality;
4. Measures to ensure the settlement of complaints, denunciations and petitions of citizens according to prescriptions of law.
Article 62.- In the domain of building the local administration and management of the administrative boundary, the People’s Council of commune or township shall:
1. Elect, relieve from office and dismiss the Chairman and Vice-Chairman of the People’s Council, the President, Vice-Presidents and other members of the People’s Committee of the same level;
2. Dismiss the deputies to the People’s Council and accept the resignation of the deputies to the People�s Council of the same level as prescribed by law;
3. Abrogate the wrong decisions of the People’s Committee of the same level;
4. Adopt the plan for delimitation and readjustment of the administrative boundary in the locality and submit it to the higher authority for consideration and decision.
Article 63.- In its supervisory activities, the People’s Committee of commune or township shall:
1. Supervise the activities of the President and Vice-Presidents of the People’s Committee of the same level; supervise the implementation of the resolutions of the People’s Council of the same level concerning the domains defined in Articles 57, 58, 59, 60, 61 and 62 of this Ordinance; supervise the law observance by the State agencies, politico-social organizations, social organizations, economic organizations, people’s armed forces units and citizens in the locality;
2. Examine the reports of the Chairman of the People’s Council and the President of the People’s Committee of the same level; examine the answers to the questions by the questioned persons as provided for in Article 24 of the Law on Organization of the People’s Councils and People’s Committees (amended).
3. In case of necessity, it shall assign to the Chairman of the People’s Council and the deputies to the People’s Council the task to assist the Council in supervising the enforcement of law and the implementation of the resolutions of the People’s Council of the same level and report it to the nearest session of the People’s Council;
In the process of the supervisory work, the Chairman of the People’s Council and deputies to the Council may ask the concerned State agencies, politico-social organizations, social organizations and economic organizations to supply the necessary documents and information; when a law breaking act is detected it may ask these agencies and organizations to examine and handle according to their competence.
The concerned agencies and organizations shall have to create conditions for the People’s Council and the Chairman and deputies to the Council to perform their supervisory tasks and powers as prescribed by law.
Article 64.- The People’s Council of wards shall perform the tasks and powers as defined in Articles 57, 58. 59, 60, 61 62 and 63 of this Ordinance and also have to:
1. Take measures to ensure unified implementation of the urban socio-economic development plan and urban planning;
2. Take measures to carry out the building of a civilized urban lifestyle, prevent and fight against social evils, preserve order and hygiene, keep the streets, roadbeds and pavements clean and beautiful, protect public order and beautiful landscapes of the urban areas;
3. Take measures to organize and manage the urban population in the ward.
Section 2. TASKS AND POWERS OF THE PEOPLE’S COMMITTEE OF COMMUNE, WARD AND TOWNSHIP
Article 65.- Concerning the plan, budget and finance the People’s Committee of commune or township has the following tasks and powers:
1. To work out the annual plan for socio-economic development and submit it to the People’s Council of the same level for adoption before submitting it to the district People’s Committee for ratification and to organize the implementation of that plan;
2. Concerning the budget, the People’s Committee of the commune or the township shall:
a/ Draft the local budget and its allocation; plan the readjustment of the local budget in cases of necessity and submit it to the People’s Council of the same level for decision and report it to the immediate higher State administrative and financial agencies;
b/ To draw up the budget statement of accounts of the locality, submit it to the People’s Council of the same level for approval and report it to the immediate higher State administrative and financial agencies;
c/ Basing itself on the resolution of the People’s Council of the same level to assign the task of budget revenue and expenditure for each dependent agency and unit;
d/ To organize the implementation of the local budget;
e/ To coordinate with the higher State agency in the management of the State budget in each domain in the commune and township;
f/ To report on the State budget as prescribed by law.
3. To coordinate with the related agencies in collecting taxes in the locality; ensure correct collection, full and timely remittance of the taxes and other revenues in the locality as prescribed by law;
4. To mobilize the contributions of the organizations and individuals in order to invest in the construction of infrastructural works of the commune and township on the basis of voluntariness. The management of this contribution must be transparent, subject to control and inspection and its use must conform with the objective and regimes as prescribed by law.
Article 66.- Concerning agriculture, forestry, fisheries and water conservancy the People�s Committee of the commune or township has the following powers and tasks:
1. To organize and direct the implementation of the programs, plans and projects on promotion of agriculture, forestry and fisheries as prescribed by the higher authorities;
2. To organize the application of measures for the use of scientific and technological advances to develop production; to guide the farmers in economic restructuring, to restructure the crops and domestic animals in production according to the general plan, the common plan and to prevent and fight against epidemics among plants and livestock;
3. To organize the building of small water conservancy works of the commune and township; to organize the reinforcement and protection of the dykes and to protect the forests; to prevent and fight against natural calamities, storms and floods, and overcome their consequences; to check in time law-breaking acts in order to protect the dykes and the forests in the locality;
4. To work out the general plan and the plan for use of land in the commune or township and submit them to the People�s Council of the same level for adoption before submitting them to the People�s Committee at the district level for ratification; to manage and make rational and effective use of the land fund which is left to it in service of the public utility needs of the locality; to inventorize and monitor the land situation in the territory; to inspect the management and use of land in the locality; build and manage public utility works, roads, offices, schools, medical stations, power and water supply works according to the ratified general plan;
5. To manage, inspect and protect the use of the water resources in the territory as prescribed by law.
Article 67.- Concerning small industries and handicrafts, the People’s Committee of the commune or township has the following tasks and powers:
1. To organize the guidance for the exploitation and development of the traditional crafts and trades in the locality;
2. To organize the implementation of measures to apply scientific and technological advances in order to develop new trades and crafts aimed at providing jobs and improve the working and living conditions of the working people, improve the life of the population in the locality.
Article 68.- Concerning communication, the People’s Committee of the commune or township has the following tasks and powers:
1. To organize the building and repair of roads in the commune;
2. To organize the protection, inspection, and handling the law breaking acts against the roads and other infrastructural works in the locality as prescribed by law;
3. To mobilize the voluntary contributions of the people for the building of roads, bridges and culverts in the commune as prescribed by law.
Article 69.- Concerning trade and services the People’s Committee of the commune or township has the following tasks and powers:
1. To manage and arrange the markets and other trade and service centers in the locality;
2. To manage the service and small trade activities in the locality as prescribed by law;
3. To coordinate with the concerned agencies in the fight against smuggling, tax evasion, production and circulation of faked goods in the locality.
Article 70.- Concerning culture and education, the People’s Committee of the commune or township has the following tasks and powers:
1. To carry out the plan on development of education in the locality;
2. To coordinate with the schools in organizing the registration and mobilization of children into the first form at the right age, and complete the program of universalization of education; to organize the holding of complementary education classes, to eradicate illiteracy among the persons in the prescribed age group;
3. To organize the building and to manage and inspect the activities of the kindergartens and infant classes in the locality;
4. To coordinate with the above State administrative offices in managing the primary schools and the basic secondary schools in the locality;
5. To organize cultural, information, artistic, physical training and sport activities; to guide the organization of traditional festivals; to protect the historical and cultural relics and beautiful landscapes in the locality; to campaign among the population for a civilized way of life and the building of cultured families; to prevent the propagation of the reactionary and depraved culture, to fight against superstitions and harmful habits, prevent and fight against social evils and other unhealthy manifestations in social life in the locality.
Article 71.- Concerning social affairs and life, the People’s Committee of the commune or township has the following tasks and powers:
1. To organize and manage the commune medical station; to organize the carrying out of the programs of primary healthcare, population and family planning assigned to it; to motivate the population to observe hygiene; to prevent and fight against epidemics;
2. To organize the implementation of the policies and regimes toward war invalids, diseased armymen, families of fallen heroes and families having done meritorious services to the country; to carry out social relief, humanitarian and charitable activities in the locality and motivate the population to assist needy families, old persons, the disabled and helpless orphans; to organize different forms of catering and attending to the persons beneficiaries of entitlement policies;
3. To manage, protect and repair the cemetery of fallen heroes; to plan and manage the cemeteries in the locality.
Article 72.- Concerning national defense, the People’s Committee of the commune or township has the following tasks and powers:
1. To organize popular military training, to carry out education about the need to build a national defense of the entire people, to build the combat village and commune in the local defense area;
2. To carry out the military service duty and army recruitment according to plan; to register and manage the reserve force; to organize the building, training and use of the militia and self-defense force in the locality;
3. To carry out the task of on-the-spot supply, to implement the policy of the rear of the army and the policy toward the people�s armed forces in the locality.
Article 73.- Concerning public security and order and social safety, the People’s Committee of the commune or township has the following tasks and powers:
1. To take measures to ensure public security and order and social safety; to build the commune or township police and a strong mass movement to defend the security of the Fatherland; to take measures to prevent and fight against crime and other law- breaking acts in the locality;
2. To manage the population registration, to organize the registration of temporary residence, manage the movement of foreigners in the locality;
3. To organize or coordinate with the specialized agencies in the execution of verdicts, to organize the implementation of the decision on the handling of administrative violations as prescribed by law.
Article 74.- Concerning the implementation of the policy on nationalities and the policy on religion, the People’s Committee of the commune or township has the following tasks and powers:
1. To carry out the policy on nationalities and the policy on religion;
2. To ensure the freedom of belief and freedom of religion of the local population as prescribed by law.
Article 75.- Concerning law enforcement, the People’s Committee of the commune or township has the following tasks and powers:
1. Basing itself on documents of higher State agencies and the resolutions of the People’s Council of the same level, to issue decisions and instructions and organize the implementation and inspect the implementation of these documents;
2. To organize the implementation of measures to carry out the Constitution, laws and documents of higher State agencies and the resolutions of the People’s Council of the same level;
3. To organize the propagation and education of law in the locality;
4. To organize and guide the activities of the reconciliation groups, and the People�s Inspectorate; to settle in time the minor law-breaking acts and minor disputes among the population according to provisions of law;
5. To organize the population registration as prescribed by law;
6. To take measures to protect the properties of the State, politico-social organizations, social organizations, and economic organizations; to protect the life, freedom, honor, dignity, properties, and other legitimate rights and interests of citizens in the locality;
7. To inspect the observance of law in the territory;
8. To organize the reception of the population, examine and settle the complaints, denunciations and petitions of citizens according to its competence;
9. To handle administrative violations as prescribed by law.
Article 76.- Concerning the building of the administration and the management of administrative boundary, the People’s Committee of the commune or township has the following tasks and powers:
1. To organize and hold the elections to the National Assembly and the People’s Council as stipulated by law;
2. To compile the dossier on the delimitation and readjustment of the administrative boundary in the locality and submit it to the People’s Council of the same level before submitting it to the higher authority for examination and decision;
3. To manage the dossier, land marks and administrative boundary of the locality.
Article 77.- The People�s Committee of the ward performs the tasks and powers defined in Articles 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and 76 of this Ordinance and also the following tasks and powers:
1. To organize the implementation of the resolutions of the People’s Council of the ward concerning the uniform realization of the economic and social plan and the general urban plan, the building of a civilized urban life, to prevent and fight against social evils, to maintain order and hygiene, to keep the streets, roadbeds and pavements clean and beautiful, to preserve public order and urban landscapes; to manage the urban population in the ward;
2. To inventorize and monitor the land situation in the ward, to inspect the use of land by the organizations and individuals in the ward as prescribed by law;
3. To protect the technical infrastructure in the ward; to prevent and handle the violations against the technical infrastructural works as prescribed by law; to control the permits of construction of organizations and individuals in the ward; to censure by a written record, suspend the constructions, repairs and transformations without permits or contrary to the permits and report it to the authorized State agency for consideration and decision.
Chapter V
IMPLEMENTATION PROVISIONS
Article 78.- This Ordinance takes effect on the date of its promulgation.
The earlier regulations which are contrary to this Ordinance are now annulled.
The Government shall guide the implementation of this Ordinance.
ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY CHAIRMAN Nong Duc Manh |
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