Chương 9 Hiến pháp năm 1992: Hội đồng nhân dân và uỷ ban nhân dân

Constitution Chapter Nine:

THE PEOPLE'S COUNCILS AND THE PEOPLE'S COMMITTEES

Article 118

The administrative units of the Socialist Republic of Vietnam are distributed as follows:

The country is divided into provinces and cities under direct central rule;

The province is divided into districts, provincial cities, and towns; the city under direct central rule is divided into urban districts, rural districts, and towns;

The district is divided into communes and townlets; the provincial city and the town are divided into wards and communes; the urban district is divided into wards.

The establishment of People's Councils and People's Committees in administrative units is determined by law.

Article 119

The People's Council is the local organ of State power; it represents the will, aspirations, and mastery of the people; it is elected by the local people and is accountable to them and to the superior State organs.

Article 120

On the basis of the Constitution, the law, and the formal written orders of superior State organs the People's Council shall pass resolutions on measures for the serious implementation of the Constitution and the law at local level; on the plan for socio-economic development and the execution of the budget; on national defence and security at local level; on measures for stabilising and improving the people's living conditions, fulfilling all duties entrusted by the superior authorities and all obligations to the country as a whole.

Article 121

The deputy to the People's Council represents the will and aspirations of the local people; he must maintain close lies with the electors, submit himself to their control, keep regular contact with them, regularly report to them on his activities and those of the People's Council, answer their requests and proposals; look into and activate the settlement of the people's complaints and denunciations.

It is the duty of the deputy to the People's Council to urge the people to abide by the law and State policies, the resolutions of the People's Council, and to encourage them to join in State administration.

Article 122

The deputy to the People's Council has the right to interpellate the Chairman of the People's Council, the Chairman and other members of the People's Committee, the President of the People's Court, the Head of the People's Office of Supervision and Control, and the heads of organs under the People's Committee. The interpellated officials must answer this interpellation within the time determined by law.

The deputy to the People's Council has the right to make proposals to local State organs. The officials in charge of these organs have the responsibility to receive him, and to examine and settle the issues raised in his proposals.

Article 123

The People's Committee elected by the People's Council is the latter's executive organ, the organ of local State administration. It is its responsibility to implement the Constitution, the law, the formal written orders of superior State organs and the resolutions of the People's Council.

Article 124

Within the bounds of its duties and powers the People's Committee shall issue decisions and directives and supervise their execution.

The Chairman of the People's Committee shall give leadership and operational guidance to the activities of the People's Committee.

When deciding major local matters, the People's Committee shall undertake collegial discussion and its decisions must conform to the will of the majority.

The Chairman of the People's Committee can suspend or annul the wrong decisions of organs under the People's Committees and People's Councils of a lower rank; it can suspend wrong resolutions of People's Councils of a lower rank and at the same time propose to the People's Council at his own level to annul such resolutions.

Article 125

The Chairman of the Vietnam Fatherland Front and the heads of mass organisations in the locality shall be invited to attend sessions of the People's Council and to attend meetings of the People's Committee at the same level when relevant problems are discussed.

The People's Council and the People's Committee shall make regular reports on the local situation in all fields to the Fatherland Front and the mass organisations; shall listen to their opinions and proposals on local power building and socio-economic development; shall cooperate with them in urging the people to work together with the State for the implementation of socio-economic, national-defence, and security tasks in the locality.