Chương I Luật Tổ chức chính quyền địa phương 2015: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Law shall provide regulations on administrative units, and organization and operation of local governments at administrative units.

Article 2. Administrative unit

Administrative units of the Socialist Republic of Vietnam shall include:

1. Municipalities and provinces (hereinafter referred to as province or provincial level);

2. Suburban, urban districts and provincial cities, and municipality-controlled cities (hereinafter referred to as district or district level);

3. Communes, wards or commune-level towns (hereinafter referred to as commune or communal level);

4. Special administrative – economic units.

Article 3. Classification of administrative units

1. Classification of administrative units serves as a basis for drawing up socio-economic developmental plans and strategies; establishing the mechanism, system and policies for officials and public servants working at local governments in conformity with each type of administrative unit.

2. Classification of administrative units should be based on criteria such as population scale, natural area, the number of affiliated administrative units, socio-economic development level and particular elements of each administrative unit at rural, urban areas and islands.

3. Administrative units shall be classified as follows:

a) Hanoi and Ho Chi Minh city are special-grade province-level administrative units; the rest of administrative units shall be categorized into three grades: grade I, grade II and grade III;

b) District-level administrative units shall be categorized into three grades: grade I, grade II and grade III;

c) Commune-level administrative units shall be categorized into three grades: grade I, grade II and grade III.

4. Pursuant to regulations laid down in Clause 2 and Clause 3 of this Article, the Government shall suggest specific provisions on standards of each criterion, delegated authority and procedure concerning classification of administrative units to the Standing committee of the National Assembly.

Article 4. Organization of local governments at administrative units

1. The local government level shall include the People’s Council and the People’s Committee organized at administrative units of the Socialist Republic of Vietnam as stipulated in Article 2 hereof.

2. Rural local government shall include the local government of provinces, rural districts and communes.

3. Urban local government shall include the local government of municipalities, urban districts, district-level towns, provincial cities, municipality-controlled cities, wards and commune-level towns.

Article 5. Principles of organization and operation of local governments

1. Comply with the Constitutions and laws, and govern society by laws; adhere to the democratic concentration principle.

2. Be modern, transparent, and intended for the people, and be subject to the people's supervision.

3. The People’s Council shall perform their tasks through the process of meeting and according to the majority rule.

4. The People’s Committee shall operate according to the collective system in which the People's Committee is combined with the responsibilities of the President of the People’s Committee.

Article 6. People’s Council

1. The People’s Council is joined by delegates of the People’s Council elected by the local electorate, act as the local organ of state power, represent the will, aspirations and mastery of the people as well as bear responsibility to the local people and superior-level state organs.

2. Delegates of the People’s Council shall represent wills and desires of the local people, and take responsibility to local voters and the People’s Council for exercising powers and performing duties of a delegate.

Delegates of the People’s Council shall be all equal to discuss and decide issues that fall within the duties and powers of the People’s Council.

3. The standing People’s Council is the standing committee of the People's Council exercising powers and performing duties in accordance with provisions laid down in this Law and other relevant legal regulations; bearing responsibility and reporting their task performance to the People's Council.

Members of the standing People's Council are not simultaneously members of the People's Committee at the same level.

4. The committee of the People’s Council is the division of the People's Committee and is tasked with verifying the draft resolution, report or plan before submitting it to the People's Council, and supervising and suggesting issues that fall within the remit of the Committee; bear responsibility and report its task performance to the People’s Council.

Article 7. Standards of conduct of delegates of the People’s Council

1. Show their loyalty towards the Country, People and Constitution, and strive to accomplish the reform task with a view to achieving the goal of a prosperous people, a strong country, and an equitable, democratic and civilized society.

2. Demonstrate their good moral character, diligence, frugality, justice, frugality, and be a good law-abiding citizen; have a strong determination to struggle against corruption, restrain luxury or extravagance, and prevent bureaucratic, imperious and authoritarian behaviors and other violations against laws.

3. Meet vigorous academic and professional standards, and have capability, good health and working experience as well as prestige to perform duties of a delegate; prove eligible to get involved in operations of the People's Council.

4. Stay closely connected to the People, listen to opinions of constructive advice from the People and gain the People’s confidence.

Article 8. People’s Committee

1. The People’s Committee is elected by the People’s Council at the same level, is the executive organ of the People’s Council, is the State administrative agency within localities, and assume responsibility to the local People, the People's Council at the same level and the State administrative agency at the higher level.

2. The People’s Committee shall be composed of the President, Vice Presidents and members. The specific number of Vice Presidents of the People’s Committees at all levels shall be regulated by the Government.

Article 9. Professional affiliates of the People’s Committee

1. Professional affiliates of the People’s Committee are organized at the provincial and district level, and are advisory divisions and assist the People’s Committee in performing its state management functions in specific industries or sectors at localities, and perform duties or exercise powers decentralized or delegated by the superior-level state organs.

2. Professional affiliates of the People’s Committee shall be subject to the supervision and management of the People’s Committee in terms of their organization, personnel and tasks, as well as the direction and inspection of the superior industry- or sector-related state management agency in terms of professional practices.

3. The organization of professional affiliates of the People’s Committee must ensure relevance to the features of rural, urban and island areas as well as socio-economic developmental conditions and state in each locality; ensure the simplicity, appropriacy, transparency, efficacy and efficiency for the industry- or sector-related state management from the central to grassroots level; prevent their duties and powers from overlapping with these of the superior-level state organs located within the same areas.

4. The Government shall provide specific provisions on organization and operation of these professional affiliates of the People’s Committee at the provincial or district level.

Article 10. Tenure of the People’s Council and the People’s Committee

1. The term of the People’s Council is 05 years that last from the first meeting held in this term of the People's Council to the first meeting held in the successive term of the People’s Council. Not later than 45 days before the end of term of the People’s Council, the new-term People’s Council must have been already elected.

The shortening or extension of the term of the People’s Council shall be decided if called for by the National Assembly Standing Committee.

2. The term of office of delegates of the People’s Council shall coincide with the tenure of the People’s Council. Delegates of the People’s Council who are additionally elected shall begin their duties from the date of the meeting following the additional election to the date of the first meeting of the subsequent term of the People's Council.

3. The term of the Standing Committee of the People’s Council, the People’s Committee and other committees of the People’s Council shall coincide with the term of the People’s Council at the same level. Whenever the term of the People’s Council ends, the Standing Committee of the People’s Council, the People's Committee and other committees of the People’s Council, shall remain on duty until the new term of the People’s Council elects the new Standing Committee of the People’s Council, the People’s Committee and other committees of the new-term People’s Council.

Article 11. Segmentation of powers of local governments

1. Duties and powers of local governments at all levels shall be determined on the basis of distinction of powers between centrally-governed state organs and local ones, and between levels of local governments in the form of delegation and decentralization.

2. The segmentation of powers shall be carried out according to the following rules:

a) Ensure that the state management is carried out consistently with institutions, policies, strategies and planning in different industries and sectors; ensure the consistency and transparency of the national administrative system;

b) Enable local governments at administrative units to exercise their autonomy and responsible autonomy to perform state management duties within particular areas in accordance with legal regulations;

c) Firmly combine state management by sectors with this by territories, and clearly distinguish duties to state management of socio-economic operations taking place throughout a geographical region which is taken on by local governments at different levels;

d) Segmentation of powers must conform to rural, urban and island conditions and features as well as particular characteristics of industries and sectors;

dd) Issues involving more than two commune-level administrative units shall be tackled under the authority of district-level local governments; those involving more than two district-level administrative units shall be tackled under the authority of province-level local governments; those involving more than two province-level administrative units shall be tackled under the authority of centrally-governed state organs, unless otherwise stipulated by laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee and Government’s decrees;

e) Local governments shall be given resources to carry out duties and powers which have been decentralized or delegated as well as take responsibility within these delegated and decentralized duties and powers.

3. The National Assembly and the all-level People’s Council within their duties and powers shall be responsible for supervising locally-controlled state organs in carrying out their delegated duties and powers.

Article 12. Delegation of powers to local governments

1. Delegation of powers to local governments at each level must be stipulated by laws.

2. Local governments shall exercise the autonomy and responsible autonomy to perform their delegated duties and powers.

3. The superior-level state organs within their duties and powers shall be responsible for examining and inspecting the constitutionality and legality in carrying out their duties and powers delegated to local governments at different levels.

4. Laws on specifying duties and powers of local governments, and their affiliates, must stick to the rules stipulated in Clause 2 Article 11 of this Law and must be relevant to duties and powers of local governments as prescribed by this Law.

Article 13. Decentralization of powers to local governments

1. Based on working requirements, possibility and conditions, and specific states of each locality, central and locally-governed state organs shall be entitled to decentralize one or several duties and powers within their competence to inferior-level local governments or state organs in a continual and regular manner, unless otherwise prescribed by laws.

2. Decentralization must adhere to principles stipulated in Clause 2 Article 11 hereof and must be prescribed in legislative documents issued by decentralizing state organs which should specify duties and powers decentralized to local governments or inferior-level state organs, and responsibilities of decentralizing and decentralized state organs.

3. Superior-level state organs, when decentralizing duties and powers to local governments or inferior-level state organs, must ensure necessary resources and conditions to be provided to perform these decentralized duties or exercise these decentralized powers, and inspect and provide guidance on implementation of decentralized duties and powers as well as bear responsibility for the result of this implementation.

4. Decentralized state organs shall be held responsible to decentralizing state organs for implementation of decentralized duties and powers. Based on actual conditions of each locality, locally-controlled state organs shall be entitled to re-decentralize duties and powers decentralized by superior-level state organs to inferior-level local governments or state organs but must obtain consent from initial-decentralization state organs.

Article 14. Delegation of powers to local State administrative agencies

1. When necessary, superior-level State administrative agencies are able to give a written authorization to inferior-level People’s Committee or other agencies or organizations to carry out one or several of their duty(duties) and power(s) within a specified period whereby specific terms and conditions should be included.

2. Superior-level government agencies, when authorizing inferior-level People’s Committees or other agencies or organizations, must ensure necessary resources and conditions to be provided to carry out delegated duties and powers, and inspect and provide guidance on such implementation as well as bear responsibility for the implementation result.

3. Authorized agencies or organizations should abide by authorized contents and bear responsibility to superior-level State administrative agencies for implementation of delegated duties and powers. Authorized agencies or organizations shall not be allowed to re-authorize other agencies or organizations to perform duties and exercise powers as delegated by superior-level State administrative agencies.

Article 15. Work relationship between local governments and local Vietnam Fatherland Front Committee and socio-political organizations

1. Local governments shall assist the Vietnam Fatherland Front Committee and socio-political organizations in encouraging the People to get involved in building and strengthening the people's government, organizing the implementation of State policies and laws, and carrying out the social supervision and judgement of local government’s activities.

2. The Chairperson of the Vietnam Fatherland Front Committee and the Head of a local socio-political organization shall be invited to participate in meetings of the People’s Council, meeting sessions of the same-level People’s Committee when discussing related issues.

3. The People’s Council and the People’s Committee shall implement regulations on providing the Vietnamese Fatherland Front Committee and same-level socio-political organizations with updated information about their locality.

4. Local governments shall be responsible for listening to, dealing with and responding to recommendations of local Vietnam Fatherland Front Committee and socio-political organizations on government construction and socio-economic development at local areas.