Chương III Luật Tổ chức chính quyền địa phương 2015: Chính quyền địa phương ở đô thị

Chapter III

URBAN LOCAL GOVERNMENT

Section 1: DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE CENTRALLY-GOVERNED CITY

Article 37: Local government of the centrally-governed city

The local government of the centrally-governed city is the level of local government composed of the People’s Council and the People’s Committee at the municipal level.

Article 38: Duties and powers of the local government of the centrally-governed city

1. Arrange and ensure the enforcement of the Constitution and legislation throughout the territory of the centrally-governed city.

2. Make a decision on issues arising in the centrally-governed city within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

3. Implement duties and powers delegated by central State administrative agencies.

4. Examine and supervise organization and operation of local governments at administrative units within that centrally-governed city.

5. Assume responsibility to superior-level state organs for the result of implementation of duties and powers of the local government of that centrally-governed city.

6. Cooperate with centrally and locally-controlled state organs in enhancing economic connections between regions, and implement the regional planning and ensure the consistency of the national economy.

7. Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance across the territory of that centrally-governed city.

Article 39. Organizational structure of the municipal People’s Council

1. The municipal People’s Council shall be composed of the People’s Council’s delegates elected by the electorate living in the centrally-governed city.

Total number of delegates of the municipal People’s Council shall be determined according to the following rules:

a) Centrally-governed cities populated by less than one million of inhabitants shall be allowed to elect fifty delegates; as for those populated by more than one million of inhabitants, one delegate will be additionally elected for an increase by fifty thousand of inhabitants but the total number of delegates to be elected is restricted to ninety five delegates;

b) Hanoi capital city and Ho Chi Minh city shall be allowed to elect one hundred and five delegates.

2. The Standing Committee of the municipal People’s Council shall be composed of the Chairperson of the People’s Council, two Vice Chairpersons and members who hold the position as the Heads of committees of the People's Council and the Chief of the Office of the People’s Council at the municipal level. The Chairperson of the municipal People’s Council may be the full-time delegate of the People’s Council; the Vice Chairperson of the municipal People’s Council is the full-time delegate of the People’s Council.

3. The municipal People’s Council shall establish the Committee on Legislation, Economy – Budget, Culture – Society, and Urban Affairs.

Each committee of the municipal People’s Council shall be composed of the Head and a maximum of two Vice Heads and Members. The number of members of each Committee of the municipal People’s Council shall be decided by the municipal People’s Council. The Head of the committee of the municipal People’s Council may be the full-time delegate of the People’s Council; the Vice Head of the committee of the municipal People’s Council is the full-time delegate of the People’s Council.

4. Delegates of the municipal People’s Council elected from one or various electoral unit(s) shall constitute the Delegate Coalition of the People's Council. The number of the Delegate Coalitions of the People’s Council, the Coalition Leader and Vice Leader, shall be decided by the Standing Committee of the municipal People’s Council.

Article 40: Duties and powers of the municipal People’s Council

1. Carry out the duties and powers stipulated in Article 19 hereof.

2. Grant a decision on the planning and proposal for land use in the centrally-affiliated city, including the planning and proposal for land use in its districts and wards.

3. Issue a decision on urban construction and development within its delegated powers.

4. Decide on measures to promote its role as the socio-economic center in a connection with localities in a(n) area, region and across the nation in accordance with legal regulations.

5. Decide on measures to manage city dwellers and organize the people’s life at the urban area; adjust residential areas according to the urban zoning, and guarantee lawful rights and interests of the people.

Article 41. Organizational structure of the municipal People’s Committee

1. The municipal People’s Committee shall be composed of the President, Vice Presidents and Members.

Hanoi capital city and Ho Chi Minh city shall be composed of a minimum of five Vice Presidents of the People’s Committee; other centrally-governed cities shall be composed of a maximum of four Vice Presidents of the People's Committee.

The municipal People’s Committee’s members shall be composed of members who hold the position as heads of professional affiliates of the municipal People’s Committee, those in charge of military affairs and those in charge of public security affairs.

2. Professional affiliates of the municipal People’s Committee shall comprise departments and department-level agencies.

Article 42: Duties and powers of the municipal People’s Committee

1. Carry out the duties and powers stipulated in Article 21 hereof.

2. Formulate and request the municipal People’s Council to decide as well as organize the implementation of Clause 2, 3,4 and 5 Article 40 hereof.

3. Implement the plan and measure to create financial sources and mobilize funds for urban development purpose; consistently construct and manage urban infrastructural system as stipulated by laws.

4. Decide on the incentive policies on urban facility development throughout the centrally-governed city.

Article 43: Duties and powers of the President of the municipal People’s Committee

1. Carry out the duties and powers stipulated in Article 22 hereof.

2. Direct and organize the implementation of the plan for urban infrastructural construction and development within the centrally-governed city.

3. Manage the urban land reserve, and use of this reserve for the purpose of developing urban infrastructural facilities in accordance with legal regulations.

4. Manage urban houses; manage real estate business operations; use the reserve of state-owned houses of the city to develop houses for city dwellers; direct the inspection of compliance with laws in respect of development and construction of houses as well as urban construction projects.

5. Provide directions for arranging urban trading, service and tourism network.

6. Adopt the plan and measure to create employments; prevent and combat social evils at urban areas.

7. Direct and organize the implementation of measures to manage urban residential areas and organize the people’s life at urban areas.

8. Implement measures to manage, protect urban space, architecture and landscape; organize and direct the implementation of duties to public order, traffic safety assurance and traffic jam alleviation.

Section 2: DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE URAN DISTRICT

Article 44. Local government of the urban district

Local government of the urban district is the level of local government composed of the district-level People's Council and the district-level People’s Committee.

Article 45. Duties and powers of the local government of the district

1. Arrange and ensure the enforcement of the Constitution and legislation throughout the district.

2. Make a decision on district-related issues within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

3. Implement duties and powers delegated by superior-level State organs.

4. Examine and supervise organization and operation of the local government of the ward.

5. Assume its responsibility to the local government of the centrally-governed city for the result of implementation of duties and powers of the local government of that district.

6. Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the district’s territory.

Article 46. Organizational structure of the district-level People’s Council

1. The district-level People’s Council shall be composed of the People’s Council’s delegates elected by civil electorate residing in the district.

Total number of delegates of the district-level People’s Council shall be determined according to the following rules:

a) Districts populated by less than eighty thousand of inhabitants shall be allowed to elect thirty delegates; as for those populated by more than eighty thousand of inhabitants, one delegate will be additionally elected for an increase by ten thousand of inhabitants but the total number of delegates to be elected is restricted to forty delegates;

b) The number of elected delegates of the People's Council governing the district comprising more than thirty wards shall be decided by the National Assembly Standing Committee as requested by the Standing Committee of the municipal People's Council, but the total number of delegates to be elected shall be restricted to forty five delegates.

2. The Standing Committee of the district-level People’s Council shall be composed of the Chairperson, two Vice Chairpersons of the district-level People’s Council and members who hold the position as the Heads of committees of the district-level People's Council. The Chairperson of the district-level People’s Council may be the full-time delegate of the People’s Council; the Vice Chairperson of the district-level People’s Council may be the full-time delegate of the People’s Council.

3. The district-level People’s Council shall establish the Committee on Legislation, Economy – Society. Each committee of the district-level People’s Council shall be composed of the Head, one Vice Head and Members. The number of members working for such committees of the district-level People’s Council shall be decided by the district-level People’s Council. The Head of each committee of the district-level People’s Council may be the full-time delegate of the People’s Council; the Vice Head of each committee of the district-level People’s Council is the full-time delegate of the People’s Council.

4. Delegates of the district-level People’s Council elected from one or various electoral unit(s) shall constitute the Delegate Coalition of the People's Council. The number of the Delegate Coalitions of the People’s Council, the Coalition Leader and Vice Leader, shall be decided by the Standing Committee of the district-level People’s Council.

Article 47. Duties and powers of the district-level People’s Council

1. Promulgate resolutions on issues that fall within duties and powers of the district-level People’s Council.

2. Elect, discharge and dismiss the Chairperson of the People's Council, Vice Chairperson of the People's Council, Head, Vice Head of the Committee of the district-level People's Council, from office; elect, discharge and dismiss the President of the People’s Committee, Vice President of the People’s Committee and members of the People’s Committee at the district level, from office; elect, discharge and dismiss jurors of the district-level People’s Court;

3. Approve the midterm and annual plan for socio-economic development in the district before submitting it to the municipal People's Committee for approval.

4. Decide the plan of government revenues within the district; decide the plan of local government revenues and expenditures, and budget distribution according to the budget plan of the district; adjust the local government budget plan when necessary; approve the local government budget balance; decide intentions to make investment in programs and projects throughout the district within its delegated powers.

5. Decide on measures to implement duties and powers decentralized by superior-level government agencies; decide to decentralize the implementation of duties and powers of district-level local governments to inferior-level local governments and state organs.

6. Issue a decision to establish or dissolve professional affiliates of the district-level People's Committee.

7. Supervise the compliance with the Constitution and legislation in the district, the implementation of resolutions issued by the district-level People’s Council; supervise operations of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy at the same level, and Committees of the same-level People’s Council; supervise legislative documents adopted by the same-level People’s Committee and other instruments issued by the ward-level People’s Council.

8. Hold a vote on and cast its vote on confidence in office-holders elected by the district-level People’s Council in accordance with regulations laid down in Article 88 and Article 89 hereof.

9. Abolish part or all of law-breaking instruments issued by the People’s Committee and the President of the People’s Committee at the district level; abolish part or all of law-breaking instruments issued by the ward-level People’s Council.

10. Dissolve the ward-level People’s Council in the event that this People's Council causes serious harm to the People's interests and request the municipal People’s Council to grant its approval.

11. Discharge delegates of the district-level People’s Council from office and accept the resignation from office of delegates of the district-level People’s Council.

Article 48. Organizational structure of the district-level People’s Committee

1. The district-level People’s Committee shall be composed of the President, Vice Presidents and Members.

The first-grade district-level People’s Committee shall be composed of a maximum of three Vice Presidents; the second- and third-grade district-level People’s Committee shall be composed of a maximum of two Vice Presidents.

The district-level People’s Committee’s members shall be composed of members who hold the position as heads of its professional affiliates of the district-level People’s Committee, those in charge of military affairs and those in charge of public security affairs.

2. Professional affiliates of the district-level People’s Committee shall comprise divisions and division-level agencies.

Article 49. Duties and powers of the district-level People’s Committee

1. Formulate and request the district-level People’s Council to grant its decision on contents stipulated in Clause 1, 3, 4, 5 and 6 Article 47 hereof, and organize the implementation of resolutions issued by the district-level People’s Council.

2. Regulate the organizational structure, and specific duties and powers of professional affiliates of the district-level People’s Committee.

3. Perform duties to organization and assurance of the enforcement of the Constitution and legislation, and government construction, administrative division, education, training, science, technology, culture, information, physical activities, sports, healthcare, labor, social policies, ethnic and religion affairs, national defence, security, social order and safety, justice administration, justice assistance as well as implement other duties and powers in accordance with laws.

4. Implement duties and powers decentralized and delegated by superior-level State organs.

5. Delegate and decentralize the implementation of duties and powers of the district-level People’s Committee by the ward-level People’s Committee and other agencies or organizations.

Article 50. Duties and powers of the President of the district-level People’s Committee

1. Carry out the duties and powers stipulated in Article 29 hereof.

2. Direct and organize the implementation of the planning for urban infrastructural development, construction and urban space, architecture and landscape; manage urban residence in the district as decentralized and authorized by superior-level state organs.

Section 3: DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE DISTRICT-LEVEL TOWN, PROVINCIAL CITY AND MUNICIPALITY-CONTROLLED CITY

Article 51. Local government of the district-level town, provincial city and municipality-controlled city

The local government in the district-level town, provincial city and municipality-controlled city is the level of local government composed of the People’s Council of the district-level town, provincial city and municipality-controlled city, and the People’s Committee of the district-level town, provincial city and municipality-controlled city.

Article 52. DUTIES AND POWERS OF THE LOCAL GOVERNMENT OF THE DISTRICT-LEVEL TOWN, PROVINCIAL CITY AND MUNICIPALITY-CONTROLLED CITY

1. Arrange and ensure the enforcement of the Constitution and legislation throughout the territory of the district-level town, provincial city and municipality-controlled city.

2. Make a decision on issues arising in the district-level town, provincial city and municipality-controlled city within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

3. Implement duties and powers delegated by superior-level State organs.

4. Examine and supervise organization and operation of local governments at the communal level.

5. Assume its responsibility to the provincial local government for the result of implementation of duties and powers of the local government governing the district-level town, provincial city and municipality-controlled city.

6. Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance across the territory of that district-level town, provincial city and municipality-controlled city.

Article 53. Organizational structure of the People’s Council of the district-level town, provincial city and municipality-controlled city

1. The People’s Council of the district-level town, provincial city and municipality-controlled city shall be composed of the People’s Council’s delegates elected by civil electorate living in that district-level town, provincial city and municipality-controlled city.

Total number of delegates of the People’s Council of the district-level town, provincial city and municipality-controlled city shall be determined according to the following rules:

a) District-level towns populated by less than seventy thousand of inhabitants shall be allowed to elect thirty delegates; as for those populated by more than seventy thousand of inhabitants, one delegate will be additionally elected for an increase by ten thousand of inhabitants but the total number of delegates to be elected is restricted to forty delegates;

b) Provincial cities, or municipality-controlled cities, populated by less than one hundred thousand of inhabitants shall be allowed to elect thirty delegates; as for those populated by more than one hundred thousand of inhabitants, one delegate will be additionally elected but the total number of delegates to be elected is restricted to forty delegates;

c) The number of elected delegates of the People's Council in the district-level town, provincial city and municipality-controlled city comprising more than thirty communal-level administrative units shall be decided by the National Assembly Standing Committee as requested by the Standing Committee of the provincial People's Council, but the total number of delegates to be elected shall be restricted to forty five delegates.

2. The Standing Committee of the People’s Council of the district-level town, provincial city and municipality-controlled city shall be composed of the Chairperson of the People’s Council, two Vice Chairpersons and members who hold the position as the Heads of committees of the People's Council. The Chairperson of the People’s Council of the district-level town, provincial city and municipality-controlled city may be the full-time delegate of the People’s Council; the Vice Chairperson of the People’s Council of the district-level town, provincial city and municipality-controlled city is the full-time delegate of the People’s Council.

3. The People’s Council of the district-level town, provincial city and municipality-controlled city shall establish the Committee on Legislation, Economy – Society. In the district-level town or provincial city mainly populated by ethnic minorities, it shall establish the Committee on Ethnic Minority. The National Assembly Standing Committee shall regulate criteria and conditions for establishment of the Committee on Ethnic Minority as stipulated in this Clause.

Each committee of the People’s Council of the district-level town, provincial city and municipality-controlled city shall be composed of the Head, one Vice Head and Members. The number of members working for such committee of the People’s Council shall be decided by the People’s Council of the district-level town, provincial city and municipality-controlled city. The Head of the committee of the People’s Council of the district-level town, provincial city and municipality-controlled city may be the full-time delegate of the People’s Council; the Vice Head of the committee of the People’s Council of the district-level town, provincial city and municipality-controlled city is the full-time delegate of the People’s Council.

4. Delegates of the People’s Council elected from one or various electoral unit(s) shall constitute the Delegate Coalition of the People's Council. The number of the Delegate Coalitions of the People’s Council, the Coalition Leader and Vice Leader, shall be decided by the Standing Committee of the People’s Council of the district-level town, provincial city and municipality-controlled city.

Article 54. Duties and powers of the People’s Council of the district-level town, provincial city and municipality-controlled city

1. Carry out the duties and powers stipulated in Article 26 hereof.

2. Grant a decision on the planning for urban construction and development based on the planning developed by centrally-affiliated cities and provinces for the purpose of requesting competent state organs to consider and approve this planning; make a decision on urban investment and construction projects within these areas as prescribed by laws.

3. Decide the appropriate mechanism and policy to call for investments in urban development, and programs and proposals for construction and development of urban infrastructural and traffic facilities.

4. Direct on measures to manage urban residential areas and organize the people’s life at urban areas as well as ensure that public order and urban landscape meet statutory requirements.

Article 55. Organizational structure of the People’s Committee of the district-level town, provincial city and municipality-controlled city

1. The People’s Committee of the district-level town, provincial city and municipality-controlled city shall be composed of the President, Vice Presidents and Members.

The People’s Committee of the first-grade district-level town, provincial city and municipality-controlled city shall be composed of a maximum of three Vice Presidents; the People’s Committee of the second- and third-grade district-level town, provincial city and municipality-controlled city shall be composed of a maximum of two Vice Presidents.

Members of the People’s Committee of the district-level town, provincial city and municipality-controlled city shall be composed of members who hold the position as heads of professional affiliates of the People’s Committee of that district-level town, provincial city and municipality-controlled city, those in charge of military affairs and those in charge of public security affairs.

2. Professional affiliates of the People’s Committee of the district-level town, provincial city and municipality-controlled city shall comprise divisions and division-level agencies.

Article 56. Duties and powers of the People’s Committee of the district-level town, provincial city and municipality-controlled city

1. Carry out the duties and powers stipulated in Article 28 hereof.

2. Formulate and request the People’s Council of the district-level town, provincial city and municipality-controlled city to decide contents stipulated in Clause 2, 3 and 4 Article 54 hereof, and organize the implementation of resolutions issued by the People’s Council of the district-level town, provincial city and municipality-controlled city.

3. Decide on the incentive policies on urban infrastructural development throughout the district-level town, provincial city and municipality-controlled city as stipulated by laws.

4. Decide the plan for urban infrastructural construction and the planning for urban development as stipulated by laws.

Article 57. Duties and powers of the President of the People’s Committee of the district-level town, provincial city and municipality-controlled city

1. Carry out the duties and powers stipulated in Article 29 hereof.

2. Direct and organize the implementation of the planning and proposal for urban infrastructural development; manage urban space, architecture and landscape throughout this district-level town, provincial city and municipality-controlled city.

3. Manage the urban land reserve; use this land reserve for urban infrastructural construction; manage urban houses; manage residential house business; use the reserve of state-owned houses for urban housing development; direct inspection of the compliance with laws during the process of urban housing construction and development.

4. Provide directions for arranging urban trading, service and tourism network; implement measures to manage urban residential areas and organize the urban people's life.

5. Direct and organize the implementation of duties to public order and traffic safety assurance; prevent and control fire, explosion and traffic jams throughout this district-level town, provincial city and municipality-controlled city.

Section 4. DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE WARD

Article 58. Local government of the ward

Local government of the ward is the level of local government composed of the ward-level People's Council and the ward-level People’s Committee.

Article 59. Duties and powers of the local government of the ward

1. Arrange and ensure the enforcement of the Constitution and legislation throughout the ward.

2. Make a decision on ward-related issues within its decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

3. Implement duties and powers delegated by superior-level State organs.

4. Assume its responsibility to the local government of the district-level town, provincial city and municipality-controlled city for the result of implementation of duties and powers of the local government of that ward.

5. Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance within the ward.

Article 60. Organizational structure of the ward-level People’s Council

1. The ward-level People’s Council shall be composed of the People’s Council’s delegates elected by civil electorate residing at that ward.

The total number of delegates of the ward-level People’s Council shall be determined according to the following rules:

a) Wards populated by less than eight thousand of inhabitants shall be allowed to elect twenty five delegates;

b) As for wards populated by more than eight thousand of inhabitants, one delegate shall be additionally elected for an increase by four thousand of inhabitants, but the total number of delegates to be elected is restricted to thirty five delegates.

2. The Standing Committee of the ward-level People’s Council shall be composed of the Chairperson of the ward-level People’s Council, one Vice Chairperson of the ward-level People's Council. The Vice Chairperson of the ward-level People's Council is the full-time delegate of the People’s Council.

3. The ward-level People’s Council shall establish the Committee on Legislation, Economy – Society. Each committee of the ward-level People’s Council shall be composed of the Head, one Vice Head and members. The number of members working for such committees of the ward-level People’s Council shall be determined by the ward-level People’s Council. The Head, Vice Head and members of committees of the ward-level People’s Council shall work under the dual office holding regime.

Article 61. Duties and powers of the ward-level People’s Council

1. Promulgate its resolutions on issues that fall within duties and powers of the ward-level People’s Council.

2. Elect, discharge and dismiss the Chairperson of the People's Council, Vice Chairperson of the People's Council, Head, Vice Head of the Committee of the People's Council at the ward level, from office; elect, discharge and dismiss the President of the People’s Committee, Vice President of the People’s Committee and members of the People’s Committee at the ward level, from office.

3. Decide the plan of government revenues at the ward; decide the plan of government revenues and expenditures within the ward; adjust the government budget plan of the ward when necessary; approve the ward’s government budget balance. Decide the intention to invest in programs or projects taking place within the ward in accordance with legal regulations.

4. Supervise the compliance with the Constitution and legislation throughout the ward, the implementation of resolutions issued by the ward-level People’s Council; supervise operations of the Standing Committee of the People’s Council, the People’s Committee at the same level, and Committees of the same-level People’s Council; supervise legislative documents adopted by the People’s Committee at the same level.

5. Hold a vote on and cast its vote on confidence in office-holders elected by the ward-level People’s Council in accordance with regulations laid down in Article 88 and Article 89 hereof.

6. Dismiss delegates of the ward-level People’s Council and accept the resignation from office of delegates of the ward-level People’s Council.

7. Abolish part or all of law-breaking instruments issued by the People’s Committee and the President of the People’s Committee at the ward level.

Article 62. Organizational structure of the ward-level People’s Committee

The ward-level People’s Committee shall be composed of the President, Vice President and members charged with military affairs and members charged with public security affairs.

The first-grade ward-level People’s Committee shall be composed of a maximum of two Vice Presidents; the second- and third-grade ward-level People’s Committee shall have only one Vice President.

Article 63. Duties and powers of the ward-level People’s Committee

1. Formulate and request the ward-level People’s Council to decide contents stipulated in Clause 1, Clause 3 Article 61 hereof, and organize the implementation of resolutions issued by the ward-level People’s Council.

2. Organize the local budget execution.

3. Implement duties and powers decentralized and delegated by superior-level State organs.

Article 64. Duties and powers of the President of the ward-level People’s Committee

1. Carry out the duties and powers stipulated in Article 36 hereof.

2. Cooperate with competent agencies or organizations in the implementation of the planning for urban infrastructural development, construction and transportation, and prevent and control fire, explosion, and protect urban environment, space, architecture and landscape within the ward.

3. Manage urban residence within the ward as prescribed by laws.

Section 5: DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE COMMUNE-LEVEL TOWN

Article 65. Local government of the commune-level town

The local government of the commune-level town is the level of local government composed of the People's Council and the People's Committee of the commune-level town.

Article 66. Duties and powers of the local government of the commune-level town

1. Arrange and ensure the enforcement of the Constitution and legislation throughout the commune-level town.

2. Make a decision on issues of the commune-level town within its decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

3. Implement duties and powers delegated by superior-level State organs.

4. Assume responsibility to the district-level government for the result of implementation of duties and powers of the local government of the commune-level town.

5. Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the commune-level town’s territory.

Article 67. Organizational structure of the People’s Council of the commune-level town

1. The People’s Council of the commune-level town shall be composed of delegates elected by electorate residing in that commune-level town.

The total number of delegates of the People’s Council of the commune-level town shall be determined in accordance with Clause 1 Article 32 hereof.

2. The Standing Committee of the People’s Council of the commune-level town shall be composed of the Chairperson and Vice Chairperson of the People's Council of the commune-level town. The Vice Chairperson of the People's Council of the commune-level town is the full-time delegate of the People’s Council.

3. The People’s Council of the commune-level town shall establish the Committee on Legislation, Economy – Society. Each committee of the People’s Council of the commune-level town shall be composed of the Head, one Vice Head and members. The number of members working for such committees of the People’s Council of the commune-level town shall be determined by the People’s Council of the commune-level town. The Head, Vice Head and members of committees of the People’s Council of the commune-level town shall work under the dual office holding regime.

Article 68. Duties and powers of the People’s Council of the commune-level town

1. Promulgate resolutions on issues that fall within duties and powers of the People’s Council of the commune-level town.

2. Elect, discharge and dismiss the Chairperson of the People's Council, Vice Chairperson of the People's Council, Head, Vice Head of the Committee of the People's Council of the commune-level town, from office; elect, discharge and dismiss the President, Vice President and members of the People’s Committee of the commune-level town, from office.

3. Decide the plan of government revenues at the commune-level town; decide the plan of government revenues and expenditures of the commune-level town; adjust the local government budget plan when necessary; approve the local government budget balance at the commune-level town. Decide the intention to invest in programs or projects taking place within the commune-level town in accordance with legal regulations.

4. Supervise the compliance with the Constitution and legislation throughout the commune-level town, the implementation of resolutions issued by the People’s Council of the commune-level town; supervise operations of the Standing Committee of the People’s Council, the People’s Committee at the same level, and Committees of the People’s Council at the same level; supervise legislative documents adopted by the same-level People’s Committee.

5. Hold a vote on and cast its vote on confidence in office-holders elected by the People’s Council of the commune-level town in accordance with regulations laid down in Article 88 and Article 89 hereof.

6. Dismiss delegates of the People’s Council of the commune-level town from office and accept the resignation from office of delegates of the People’s Council of the commune-level town.

7. Abolish part or all of law-breaking instruments issued by the People’s Committee and the President of the People’s Committee of the commune-level town.

Article 69. Organizational structure of the People’s Committee of the commune-level town

The People’s Committee of the commune-level town shall be composed of the President, Vice President and members charged with military affairs as well as those charged with public security affairs.

The People’s Committee of the first-grade commune-level town shall be composed of a maximum of two Vice Presidents; the People’s Committee of the second- and third-grade commune-level town shall have only one Vice President.

Article 70. Duties and powers of the People’s Committee of the commune-level town

1. Formulate and request the People’s Council of the commune-level town to decide contents stipulated in Clause 1, Clause 3 Article 68 hereof, and organize the implementation of resolutions issued by the People’s Council of the commune-level town.

2. Organize the local budget execution.

3. Implement duties and powers decentralized and delegated by superior-level State organs.

Article 71. Duties and powers of the President of the People’s Committee of the commune-level town

1. Carry out the duties and powers stipulated in Article 36 hereof.

2. Collaborate with competent agencies or organizations in the implementation of the planning for urban infrastructural development, construction and transportation, and prevent and control fire, explosion, and protect urban environment, space, architecture and landscape within the commune-level town’s territory.

3. Manage urban residence within the commune-level town as prescribed by laws.