Resolution No. 545/2007/NQ-UBTVQH12 of the Standing Committee of the National Assembly establishing, and defining the functions, tasks, powers and organizational structure of, offices of provincial/municipal national assembly delegations and peoples councils

RESOLUTION

ESTABLISHING, AND DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF, OFFICES OF PROVINCIAL/MUNICIPAL NATIONAL ASSEMBLY DELEGATIONS AND PEOPLES COUNCILS

THE NATIONAL ASSEMBLY STANDING COMMITTEE OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

Pursuant to the Law on Organization of the National Assembly;

Pursuant to the Law on Organization of Peoples Councils and Peoples Committees;

Pursuant to the Regulation on Activities of National Assembly deputies and National Assembly delegations promulgated together with Resolution No. 08/2002/QH11;

Pursuant to the Regulation on Activities of Peoples Councils promulgated together with Resolution No. 753/2005/NQ-UBTVQH11;

After reaching agreement with the Government;

At the proposal of the director of the Committee for Deputies Affairs,

RESOLVES:

Article 1.

1. To establish the Offices of provincial/municipal National Assembly delegations and Peoples Councils (below referred to as Offices of National Assembly delegations and Peoples Councils) on the basis of merging the Offices of provincial/municipal National Assembly delegations and the Offices of provincial/municipal Peoples Councils.

The standing body of a provincial/municipal Peoples Council shall decide to establish the Office of National Assembly delegation and Peoples Council after reaching agreement with the National Assembly delegation head.

2. The Office of National Assembly delegation and Peoples Council is an assisting body of a provincial/municipal (below referred to as provincial-level) National Assembly delegation and Peoples Council and functions to advise and serve activities of the provincial-level National Assembly delegation, its head and deputy head. National Assembly deputies, the provincial-level Peoples Council, its standing body and specialized boards, and Peoples Council deputies.

3. The Office of National Assembly delegation and Peoples Council has the legal person status and its own seal, and may open accounts at the State Treasury according to law.

Article 2.

1. When serving activities of a National Assembly delegation, its head and deputy head and National Assembly deputies, the Office of National Assembly delegation and Peoples Council shall perform the following tasks:

a/ To advise on the elaboration of the National Assembly delegations work agendas and monthly. quarterly, biannual and annual plans of action; to serve the implementation of approved programs and plans;

b/ To assist the National Assembly delegation and National Assembly deputies in collecting their comments and public comments on draft laws, draft ordinances, draft resolutions and other documents at the National Assembly Standing Committees request;

c/ To assist the National Assembly delegation and National Assembly deputies in oversighLactivities; to monitor and supervise agencies, organizations and individuals implementation of recommendations stated in oversight conclusions;

d/ To assist the National Assembly delegation and National Assembly deputies in receiving citizens and their petitions, complaints and denunciations and settling them; to monitor and supervise the settlement thereof;

dd/ To coordinate with concerned agencies and organizations in serving National Assembly deputies meetings with voters; to assist the National Assembly delegation head in summarizing voters comments and petitions and send them to the National Assembly Standing Committee and responsible agereies and organizations for consideration and settlement;

e/ To assist the National Assembly delegation head and deputy head in reviewing the delegations activities for report to the National Assembly Standing Committee and maintaining contact with National Assembly deputies; to serve the National Assembly delegation and National Assembly deputies at National Assembly sessions and in external relation activities.

2. When serving activities of a provincial-level Peoples Council, its standing body and specialized boards and Peoples Council deputies, the Office of National Assembly delegation and Peoples Council shall perform the following tasks:

a/ To advise on the elaboration of work agendas and monthly, quarterly biannual and annual plans of action of the Peoples Council, its standing body and specialized boards; to serve the implementation of approved programs and plans;

b/ To advise and assist the Peoples Council standing body in managing affairs of the Peoples Council; to harmonize and coordinate activities of specialized boards of the Peoples Council; to ensure the compliance with the Regulation on Activities of the Peoples Council and its standing body and specialized boards and rules on the Peoples Council meetings; to assist the Peoples Council standing body in maintaining contact with Peoples Council deputy groups and Peoples Council deputies; to serve external relation activities of the Peoples Council and its standing body and specialized boards;

c/ To assist the Peoples Council standing body in adopting agendas for meetings of the Peoples Council and its standing body and specialized boards and to serve these meetings; to monitor concerned agencies and organizations in preparing documents for these meetings.

d/ To assist the standing body and specialized boards of the Peoples Council in making work reports; to assist specialized boards of the Peoples Council in appraising schemes, reports and draft resolutions; to assist the secretary of the Peoples Council meeting sessions in completing resolutions of the Peoples Council; to assist the Peoples Council standing body in finalizing these resolutions;

dd/ To assist the Peoples Council, its standing body, and specialized boards and Peoples Council deputies in oversight activities; to monitor and urge agencies, organizations and individuals to comply with recommendations made in oversight conclusions;

e/ To assist the Peoples Council, its standing body and specialized boards and Peoples Council deputies in receiving citizens and their petitions, complaints and denunciations and settling them; to monitor and supervise the settlement thereof;

g/ To coordinate with concerned agencies and organizations in serving Peoples Council deputies meetings with voters; to assist the Peoples Council standing body in summing up voters comments and petitions and send them to responsible agencies and organizations for consideration and settlement;

h/ To assist the Peoples Council standing body in collecting comments on draft laws, draft ordinances and other documents at the National Assembly Standing Committees request;

i/ To assist the Peoples Council standing body in the election of National Assembly deputies and Peoples Council deputies at all levels; to approve results on election of the chairman, vice-chairman and permanent members of the Peoples Council of the immediate lower level;

k/ To serve the standing body and specialized boards of the Peoples Council in sharing experience on and training skills for Peoples Council deputies at all levels.

3. In addition to the tasks specified in Clauses 1 and 2 of this Article, the Office of National Assembly delegation and Peoples Council shall perform the following tasks:

a/ To assist the National Assembly delegation, its head and deputy head, the Peoples Council and its standing body and specialized boards in maintaining work relations with central agencies, and provinces and centrally run cities and the standing bodies of their Party committees. Peoples Committees, Vietnam Fatherland Front Committees, Peoples Courts, Peoples Procuracies and local agencies, organizations and bodies;

b/ To assist the National Assembly delegation head and the Peoples Council standing body in estimating annual operational expenses and disbursing and managing the operational fund of the National Assembly delegation and the Peoples Council;

c/ To ensure conditions for activities of the National Assembly delegation, its head and deputy head, National Assembly deputies, the Peoples Council, its standing body and specialized boards, Peoples Council deputy groups and Peoples Council deputies; to assist the National Assembly delegation head and the Peoples Council standing body in implementing mechanisms and policies for National Assembly deputies and Peoples Council deputies;

d/ To manage material facilities, scientific research activities, and administrative, archive, safeguard and reception affairs of the Office, the National Assembly delegation and the Peoples Council;

dd/ To participate in the adoption of master plans and plans on training and managing cadres, public employees and servants of the Office of National Assembly delegation and Peoples Council according to law;

e/ To perform other tasks assigned by the head or deputy head of the National Assembly delegation or the Peoples Council standing body.

Article 3.

1. The Office of National Assembly delegation and Peoples Council has a director and not more than three deputy directors. The Peoples Council standing body may appoint, dismiss or relieve from office the director or a deputy director of the Office after reaching agreement with the National Assembly delegation head.

2. The Office of National Assembly delegation and Peoples Council is composed of a section for National Assembly deputy affairs, a section for Peoples Council affairs, and a section for administration-personnel-management.

Based on realities and actual needs of each locality, the Peoples Council standing body may decide to establish additional sections after reaching agreement with the National Assembly delegation head.

The Peoples Council standing body shall decide on functions, tasks and personnel of each section after reaching agreement with the National Assembly delegation head. Each section may have a head and not more than two deputy heads. The director of the Office may appoint, and dismiss section heads and deputy heads after consulting the Peoples Council standing body and the National Assembly delegation head.

3. The payroll of the Office of National Assembly delegation and Peoples Council is included in the localitys total payroll and allocated by the provincial-level Peoples Committee after reaching, agreement with the National Assembly delegation head and the Peoples Council standing body.

4. The Office of National Assembly delegation and Peoples Council shall operate under the headship regime. The director is the Offices head who shall manage the Offices overall operation and take responsibility for all of the Offices operations before law and the Peoples Council standing body, and the head and deputy head of the National Assembly delegation. Deputy Directors of the Office shall assist the director in performing tasks as assigned by the director.

5. The Office of National Assembly delegation and Peoples Council have its work regulation. The regulation is issued by the Office director

Article 4.

The operational fund of the Office of National Assembly delegation and Peoples Council is taken from the fund for activities of the National Assembly delegation and Peoples Council.

Article 5.

1. The Office of National Assembly delegation and Peoples Council shall maintain work relations with the Office of the provincial/municipal Party Committee, the Office of the Peoples Committee, the Vietnam Fatherland Front Committees standing body, provincial-level Services and branches and local agencies, organizations and units for coordination in assisting activities of the National Assembly delegation and Peoples Council.

2. The National Assembly Office, the Government Office, the Ministry of Home Affairs and the Committee for Deputies Affairs of the National Assembly Standing Committee shall, within the scope of their functions and tasks, guide activities of the Offices of National Assembly delegations and Peoples Councils.

Article 6.

The director of the National Assembly Office, the Minister-Director of the Government Office, ministers, heads of ministerial-level agencies, the head of the Committee for Deputies Affairs, National Assembly delegations. Peoples Councils and Peoples Committees of provinces and centrally run cities shall within the ambit of their responsibilities, implement this Resolution.

Article 7.

1. This ResoIution takes effect on January 1, 2008.

2. This Resolution replaces the National Assembly Standing Committees Resolution No. 416/NQ-UBTVQH11 of September 25, 2003, and the Goverments Decree No. 133/2004/ND-CPof June 9, 2004. To annul Paragraphs 1 and 2, Article 79 of the Regulation on Activities of Peoples Councils promulgated together with the National Assembly Standing Committees Resolution No. 753/2005/NQ-UBTVQH11 of April 2, 2005.