Chương IV: Nhiệm vụ, quyền hạn của chính quyền địa phương

THE NATIONAL ASSEMBLY OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
Law No. 65/2025/QH15	Hanoi, February 19, 2025

 

LAW

ORGANIZATION OF LOCAL GOVERNMENT

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Organization of Local Government.

Chapter I

GENERAL PROVISIONS

Article 1. Administrative divisions

1. Administrative divisions of the Socialist Republic of Vietnam include:

a) Central-affiliated cities and provinces (hereinafter referred to as “province or provincial level”);

b) Suburban, urban districts and provincial cities, and cities controlled by central-affiliated cities (hereinafter referred to as “district or district level”);

c) Communes, wards or commune-level towns (hereinafter referred to as “commune or commune level”);

d) Special administrative – economic divisions established under the National Assembly’s decision.

2. Depending on conditions for geography and population, and requirements for socio-economic development and protection of national defense and security, district-level administrative divisions on islands and archipelagos (hereinafter referred to as “islands”) may not organize commune-level administrative divisions.

Article 2. Organization of local governments at administrative divisions

1. Local governments at administrative divisions specified in points a,b and c clause 1 Article 1 of this Law include People’s Councils and People’s Committees.

If the National Assembly stipulates that local governments are not organized at specific administrative divisions, local governments at such administrative divisions are People’s Committees.

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

3. Urban local governments shall include local governments of central-affiliated cities, urban districts, district-level towns, provincial cities, cities controlled by central-affiliated cities, wards and commune-level towns.

4. Local governments at special administrative – economic divisions shall be regulated by the National Assembly when such special administrative – economic divisions are established.

Article 3. Classification of administrative divisions

1. Classification of administrative divisions serves as a basis for drawing up socio-economic development plans and strategies; and establishing mechanism, system and policies for officials and public employees working at local governments in conformity with each type of administrative division.

2. Classification of administrative divisions shall be based on criteria such as population scale, natural area, socio-economic development level and particular elements of each administrative division at rural, urban, mountainous areas, highlands and islands according to regulations issued by the National Assembly Standing Committee.

Article 4. Principles of organization and operation of local governments

1. Comply with the Constitution and laws, and rule over society by laws; and implement the principle of democratic concentration.

The People’s Council shall work under the collective working regime and the majority rule. The collective of each local People’s Committee shall be responsible for its performance with emphasis on the responsibility of the Chairperson of the People’s Committee.

2. Local governments shall be organized in a manner that is streamlined, efficacious, efficient and effective, meets requirements for professional, modern, and transparent local governance, and makes sure that the accountability is associated with the power control mechanism.

3. Human rights and citizenship shall be protected; the mastery of the People shall be promoted; local governments shall serve the People and be subject to inspection and supervision by the People;

4. The administrative system shall be uniform, consistent and continuous.

5. Local governments shall decide, organize the performance, and assume their responsibilities for tasks within their power.

Article 5. People’s Council

1. The People’s Council is joined by delegates of the People’s Council elected by the local electorate, acts as the local authority of state power, represents the will, aspirations and mastery of the People and bears responsibility to the local People and superior state authorities.

2. Delegates of the People’s Council shall represent wills and desires of the local People, and take their responsibilities to the local electorate and the People’s Council for performance of their duties and powers.

3. Each delegate of the People’s Council shall meet the following standards:

a) Show his/her loyalty towards the Country, People and Constitution, and strive to accomplish the reform task with a view to achieving the objective of prosperous people, a strong country, and an equitable, democratic and civilized society.

b) Only have Vietnamese nationality;

c) Demonstrate his/her good moral character, diligence, 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;

d) 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;

dd) Reside or work at an authority, organization or enterprise at the administrative division in which he/she is acting as a People's Council delegate;

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

4. The tenure of the People’s Council in each term is 05 years that last from the opening date of the first session in this term of the People's Council to the opening date of the first session in the successive term of the People’s Council. Not later than 45 days before the end of tenure of the People’s Council, the new-term People’s Council must have been already elected. The shortening or extension of the tenure of the People’s Council shall be decided by the National Assembly if called for by the National Assembly Standing Committee.

5. The National Assembly Standing Committee shall supervise and provide guidance on operations of People’s Councils and issue model working regulations applied to People’s Councils. The Government shall give guidelines to People’s Councils for implementation of documents issued by superior state authorities and inspect such implementation; enable People’s Councils to perform duties and powers as per law;

Article 6. People’s Committee

1. The local People’s Committee is elected by the People’s Council at the same level, is the executive authority of the People’s Council, is the local state administrative authority, and assumes responsibility to the local People, the People's Council at the same level and the State administrative authority at the higher level.

The People’s Committee where local government is not organized is the local state administrative authority, and assumes responsibility to the local People and the directly superior People’s Committee.

2. The tenure of the local People’s Committee shall coincide with the tenure of the People’s Council at the same level. Whenever the tenure of the People’s Council ends, the People’s Committee shall remain on duty until the new term of the People’s Council elects the new-term People’s Committee.

3. The Government shall lead, provide guidance and inspect organization and operation of People’s Committees; issue model working regulations applied to People’s Committees.

Article 7. Work relationship between local governments and local Vietnam Fatherland Front Committee and socio-political organizations

1. Local governments shall cooperate with, and uphold roles of 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 judgment of local governments’ activities.

2. The Chairperson of the Vietnam Fatherland Front Committee shall attend sessions of the People’s Council at the same level; and be invited to participate in meetings of the same-level People’s Committee when discussing related issues. The Head of a local socio-political organization shall be invited to participate in sessions of the People’s Council, meetings 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 Vietnam Fatherland Front Committee and same-level socio-political organizations with updated information about their localities.

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 participation in government construction and opinions and recommendations of the local People which are consolidated and sent by the Vietnam Fatherland Front Committee.

Chapter II

ORGANIZATION OF ADMINISTRATIVE DIVISIONS AND ESTABLISHMENT, DISSOLUTION, MERGER, DIVISION, MODIFICATION OF GEOGRAPHICAL BORDERS, CHANGE OF NAMES OF ADMINISTRATIVE DIVISIONS

Article 8. Principles of organization of administrative divisions and conditions for establishment, dissolution, merger, division, modification of geographical borders of administrative divisions

1. Administrative divisions shall be organized according to the following principles:

a) Comply with regulations of the Constitution and laws; ensure that state management is stable, consistent and continuous;

b) Be consistent with socio-economic development strategies in each period and suitable to characteristics, natural and social conditions, historical and cultural traditions and meet requirements for protection of national defense and security, order and social safety of each local area;

c) Be suitable for managerial capability of local governments and digital transformation level; make sure that tasks and administrative procedures related to the people, enterprises and society are received and processed in a prompt and convenient manner;

d) Arrange and reorganize administrative divisions that have not yet meet standards according to regulations of law.

2. The establishment, merger, division of and modification of geographical borders of administrative divisions shall meet the following conditions:

a) Be consistent with relevant plannings approved by competent authorities;

b) Ensure the national interests, effectiveness and efficiency in state management of local governments at all levels; make best use of potential and advantages in order to promote the socio-economic development of the whole country and specific local areas;

c) Meet requirements for national defence, security and social order and safety;

d) Consolidate the people’s solidarity, conform to historical, traditional and cultural elements of specific local areas; offer convenience to the People;

dd) Be based on standards of administrative divisions in conformity with features of rural, urban areas and islands according to regulations issued by the National Assembly Standing Committee.

3. Each administrative division shall be dissolved in the following cases:

a) Meeting the socio-economic development demands, and protecting national defence and security at local areas or across the nation;

b) Having changes to geographical and topographical factors that can affect the existence of such administrative division.

Article 9. Power over decision on establishment, dissolution, merger, division, modification of geographical borders, change of names of administrative divisions

1. The National Assembly shall have power to decide establishment, dissolution, merger, division and modification of geographical borders of and change of names of provincial-level administrative divisions.

2. The National Assembly Standing Committee shall have power to decide establishment, dissolution, merger, division and modification of geographical borders of and change of names of district-level and communal-level administrative divisions.

Article 10. Procedures for establishment, dissolution, merger, division, modification of geographical borders, change of names of administrative divisions

1. The Government shall organize the formulation of proposals for establishment, dissolution, merger, division, modification of geographical borders and change of names of provincial-level administrative divisions and submit them to the National Assembly; provincial-level People’s Committees shall organize the formulation of proposals for establishment, dissolution, merger, division, modification of geographical borders and change of names of district-level and communal-level administrative divisions and submit such proposals to the Government that will send them to the National Assembly Standing Committee.

2. Documentation of the proposal for establishment, dissolution, merger, division, modification of geographical border, change of name of administrative division shall be composed of the followings:

a) Written request for establishment, dissolution, merger, division, modification of geographical borders and change of names of administrative division;

b) Proposal for establishment, dissolution, merger, division, modification of geographical border and change of name of administrative division;

c) Summary report on opinions collected from the People, the People’s Councils at all levels and relevant authorities or organizations;

d) Draft resolution of the National Assembly or the National Assembly Standing Committee on establishment, dissolution, merger, division, modification of geographical border and change of name of administrative division.

3. Proposals for establishment, dissolution, merger, division, modification of geographical borders and change of names of administrative divisions shall be subject to opinions of the local People who are directly affected of communal-level administrative divisions. Provincial-level People’s Committees shall be responsible for organizing collection of opinions of the People about intention to establish, dissolve, merge, divide, modify geographical borders and change names of administrative divisions by appropriate methods according to the Government’s regulations.

4. After obtaining opinions of the People, proposal-formulating authorities shall be responsible for completing proposals and submitting them to provincial, district and commune-level People's Councils at relevant administrative divisions to consider giving opinions about establishment, dissolution, merger, division, modification of geographical borders and change of names of administrative divisions.

5. Proposals for establishment, dissolution, merger, division and modification of geographical borders of and change of names of administrative divisions shall be appraised before they are submitted to the Government and inspected before they are submitted to the National Assembly and the National Assembly Standing Committee for consideration and decision.

6. Formulation of proposals and procedures for considering approval for proposals for establishment, dissolution, merger, division, modification of geographical border and change of name of administrative divisions shall comply with regulations issued by the National Assembly Standing Committee.

Chapter III

DISTINCTION OF POWERS OF LOCAL GOVERNMENTS

Article 11. Distinction 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 authorities and local ones, and between levels of local governments in the form of delegation and devolution.

2. Powers of local governments shall be distinguished according to the following principles:

a) Clearly determine contents and scope of duties and powers within the power of local governments to decide, organize the implementation, and take their responsibilities for the performance thereof.

b) Ensure that there is no repetition of duties and powers between centrally-governed state authorities and local ones, among local governments at all levels and authorities and organizations affiliated to local governments;

c) Conform to rural, urban and island features and characteristics of special administrative – economic divisions, ensure capacities and fulfill conditions for performance of duties and powers of local governments at all levels. Authorities, organizations and individuals assigned to perform duties and powers of superior state authorities are enabled to perform such duties and powers;

d) Ensure publicity, transparency, accountability and effective control of powers in association with responsibilities of superior state authorities for inspection and supervision; promptly adjust delegation and devolution of powers when authorities, organizations and individuals that have been delegated or devolved on fail to effectively perform the assigned duties and powers;

dd) Ensure consistency in organization of enforcement of the Constitution and laws;

e) Meet requirements for local governance; apply science, technology, innovation and digital transformation;

g) Issues involving more than two commune-level administrative divisions shall be tackled under the power of district-level local governments; those involving more than two district-level administrative divisions shall be tackled under the power of provincial-level local governments; those involving more than two provincial-level administrative divisions shall be tackled under the authority of centrally-governed state authorities, unless otherwise stipulated by laws, resolutions of the National Assembly.

3. Local governments are entitled to proactively recommend competent authorities to delegate/devolve powers to local competent authorities/organizations/individuals over performance of duties and powers in conformity with their capacities and local practical conditions.

4. Regulations on duties and powers of local governments and authorities affiliated to local governments mentioned in legislative documents shall be consistent with those of this Law, ensuring that state power is effectively controlled;

Article 12. Delegation of powers

1. Delegation of powers to local governments at all levels shall be stipulated by laws and resolutions of the National Assembly, include specific subjects, contents, scope of duties and powers, adhere to power distinction principles and conform to duties and powers of local governments at all levels specified in this Law.

2. Local governments shall exercise the autonomy to issue decisions, organize the performance, and assume their responsibilities to perform their delegated duties and powers; are devolved or authorized to perform their delegated duties and powers in accordance with Article 13 and Article 14 of this Law, unless the devolution/authorization is not permitted by law.

3. Superior-level state authorities 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.

Article 13. Devolution

1. Provincial-level and district-level People's Committees shall devolve one or some of their duties and powers to their affiliates, including specialized authorities or other administrative organizations or to inferior People's Committees and Chairpersons of inferior People's Committees in a continual and regular manner according to regulations of law, unless the devolution is not permitted by law.

Provincial-level and district-level People's Committees shall devolve one or some of their duties and powers that have been assigned to public service providers under their management in a continual and regular manner according to regulations of law in order to increase the autonomy of such public service providers in governance and provision of public services, unless the devolution is not permitted by law.

2. The devolution shall be provided for in legislative documents of the devolving party. The devolving party shall be responsible for meeting necessary conditions to perform the devolved duties and powers, unless the devolved party makes proposals and meets conditions for performance of such duties and powers by itself/himself/herself.

3. The devolving party shall be responsible for monitoring, providing guidance and inspecting the performance of the devolved duties and powers so as to ensure that such duties and powers are effectively and efficiently performed; and take responsibility for performance results in case the conditions specified in clause 2 of this Article are not satisfied.

4. The devolved party is entitled to give their opinions about draft documents that have been devolved and request the devolving party to adjust the devolved contents; and shall assume responsibility to the law and the devolving party for results of the performance of the devolved duties and powers, and periodically report and assess the performance of the devolved duties and powers and must not further devolve the duties and powers previously devolved to it/him/her.

5. Provincial-level People's Committees are entitled to recommend the Government, the Prime Minister, Ministers, and Heads of ministerial authorities to devolve or the Government to request the National Assembly to delegate powers to local competent authorities, organizations, and individuals to perform duties and powers in conformity with their capacities and local practical conditions.

Local competent authorities/organizations/individuals are entitled to recommend People's Committees to devolve duties and powers in conformity with their capacities to them if they satisfy requirements for finances and human resources and other necessary conditions.

6. In case of necessity for change in procedures and powers that are being regulated in legislative documents of superior state authorities, the devolved party shall request the provincial-level People's Committee to amend regulations on procedures and powers so as to perform the devolved duties and powers in a manner that ensures simplification of administrative procedures, does not require additional documentation and does not increase requirements, conditions, period of processing current procedures.

Provincial-level People's Committees shall consider issuing documents on amendments to regulations on procedures and powers of relevant authorities to perform the devolved duties and powers; publicly announce administrative procedures as per law and then take their responsibilities to report to central authorities in relevant industries and sectors on such amendments to perform the devolved duties and powers within their provinces.

Article 14. Authorization

1. The People's Committee may authorize the Chairperson of the People's Committee or its affiliates, including specialized authorities, other administrative organizations, and public service providers or inferior People's Committees, Chairpersons of inferior People's Committees; the Chairperson of the People's Committee may authorize its affiliates, including specialized authorities, other administrative organizations, and public service providers or Chairpersons of inferior People's Committees; specialized authorities or other administrative organizations affiliated to provincial-level and district-level People's Committees may authorize inferior People's Committees, Chairpersons of inferior People's Committees, specialized authorities, other administrative organizations affiliated to inferior People's Committees to perform one or some of their duties and powers assigned as per law within a certain period with specific conditions, unless the devolution/authorization is not permitted by law.

Only duties and powers that are meant to increase the autonomy of public service providers in governance and provision of public services may be authorized to such public service providers.

2. The authorization shall meet the following conditions:

a) Authorization shall be made in writing by the authorizing party. The written authorization shall contain specific regulations on contents, scope and period of authorization; authorization methods and other necessary conditions for performance of the authorized duties and powers;

b) The authorization shall be suitable to the authorized party’s capacity and ability to perform duties and powers.

3. The authorizing party shall be responsible for monitoring, providing guidance, inspecting and assessing the performance of the authorized duties and powers; and take responsibility to the law for the legality of the authorization and results of the performance of the authorized duties and powers, unless the authorized party fails to adhere to the contents, scope and period of authorization specified in clause 4 of this Article. If the authorization results in the necessity for change in procedures for and power over performance of the authorized duties and powers, regulations in clause 6 Article 13 of this Law shall be applied.

4. The authorized party shall properly perform the authorized duties and powers and take responsibility to the authorizing party for performance results. If the authorized party fails to adhere to the contents, scope and period of authorization, it/he/she shall be responsible to the law for results of the performance of the authorized duties and powers and the authorizing party is not required to assume responsibility for failure to adhere to the contents, scope and period of authorization.

5. The authorized party is entitled to request the authorizing party to adjust contents, scope and period of authorization; and must not further authorize the duties and powers previously authorized to it/him/her.

6. The authorized party shall use their documents and seals to perform the authorized duties, except for the cases specified in clause 7 of this Article.

7. In case an authority/organization’s head represents the leadership to sign documents issued by the authority/organization; an authority/organization’s vice head represents the leadership, or acts on the head’s order to sign documents; an authority/organization’s head authorizes a vice head or a head of authority/organization/unit affiliated to his/her authority/organization; an official of the commune-level People's Committee is assigned by the Chairperson of the commune-level People's Committee to perform some duties and powers over signature authorization, the Government’s regulations on record management shall prevail.

Chapter IV

DUTIES AND POWERS OF LOCAL GOVERNMENTS

Section 1. DUTIES AND POWERS OF LOCAL GOVERNMENTS AT PROVINCIAL LEVEL

Article 15. Duties and powers of provincial-level People’s Council

1. The provincial-level People’s Council has the following duties and powers:

a) Decide measures to maintain the enforcement of the Constitution and laws in the province;

b) Decide long-term, medium-term and annual socio-economic development plans and strategies; decide plannings and plans for development of industries and sectors in the province as per law;

c) Decide local state budget revenue estimates; decide local government budget revenue and expenditure estimates, and budget distribution according to the budget plan applied at its administrative level; adjust local government budget estimates when necessary; approve the local government budget balance; decide issues related to fees and charges, loan capital according to regulations of law;

d) Decide mechanisms, policies, and measures to develop local industries in terms of finance, investment, science, technology, innovation, digital transformation, land, resources, environment, trade, services, industry, agriculture, construction, transport, education, health, judicial administration, home affairs, labor, society, culture, information, tourism, and sports as per law;

dd) Decide measures to implement policies on ethnic minorities and religion; maintain the performance of national defense, security, social order and safety, and foreign affair-related duties; protect property owned authorities and organizations, human life, freedom, honor, dignity, property, and other legitimate rights and interests of citizens, and human rights, prevent and control corruption, extravagance, crimes and other violations against the law in the province according to regulations of law;

e) According to the Communist Party's guidelines, decide application of pilot specific and special policies that have not yet been regulated by law to promotion of socio-economic development in the province after reporting to and receiving permission from the Prime Minister;

g) Promulgate the Working Regulations of the provincial-level People's Council, the Standing Committee of the provincial-level People’s Council, Committees of the provincial-level People's Council, Delegate Coalitions of the provincial-level People's Council and the provincial-level People's Council Delegates;

h) Decide to establish, reorganize, dissolve and change names of specialized authorities affiliated to the provincial-level People's Committee as per law;

i) Grant a decision on the structure of officials and public employees working local government authorities at all levels according to the permitted number of personnel approved by competent authorities; decide total number of employees paid by state budget and working in public service providers under its management; decide the number of and allowances paid to part-time position holders working at communes, villages, residential quarters; decide policies to retain talents, to attract and encourage officials, public employees and employees to work in the province in conformity with local conditions and budget capacity.

k) Consider giving opinions about establishment, dissolution, merger, division, modification of geographical borders and change of names of administrative divisions in the province;

l) Decide to choose or change names of villages, residential quarters, squares and public structures at local areas in accordance with legal regulations;

m) Elect, discharge and dismiss the Chairperson of the People's Council, Vice Chairperson of the People's Council, Head of the Committee of the provincial-level People's Council; the Chairperson of the People’s Committee, Vice Chairperson of the People’s Committee, and members of the provincial-level People’s Committee; jurors from office as per law;

n) Hold a vote on and cast its vote for confidence in present incumbents elected by the People’s Council in accordance with regulations of law;

o) Supervise the execution of the Constitution and laws in the province and resolutions of the provincial-level People's Council; supervise operations conducted by the Standing Committee of the provincial-level People's Council and Committees of the provincial-level People's Council; supervise operations carried out by the People's Committee, the People's Court, the People's Procuracy at the same level, and other local authorities in accordance with regulations of law;

p) Dismiss delegates of the provincial-level People’s Council from office and accept the discontinuity of duties of delegates of the provincial-level People’s Council as per law;

q) Promulgate resolutions on issues that fall within duties and powers of the provincial-level People’s Council; annul or amend documents promulgated by the provincial-level People’s Council if it is considered that they are no longer suitable or contrary to laws;

r) Annul part or all of law-breaking documents issued by the provincial-level People’s Committee, the Chairperson of the provincial-level People’s Committee and the district-level People’s Council;

s) Dissolve the district-level People’s Council if this People's Council causes serious harm to the People's interests and request National Assembly Standing Committee to approve this dissolution;

t) Perform the devolved duties and powers and other duties and powers as per law.

2. The People’s Council of central-affiliated city shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Decide strategies, mechanisms, policies and measures to promote socio-economic development, and develop urban infrastructure, sectors and industries in the province according to regulations of law;

b) Decide 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.

c) Decide measures to manage city dwellers and organize the people’s life at the urban area as per law.

Article 16. Duties and powers of provincial-level People’s Committee

1. The provincial-level People’s Committee has the following duties and powers:

a) Formulate and request the provincial-level People’s Council to consider promulgating resolutions for performance of duties and powers specified in points a, b, c, d, dd, e, h, i, k and l clause 1 Article 15 of this Law;

b) Organize the enforcement of the Constitution and laws in the province; organize the implementation of resolutions of the provincial-level People's Council; meet conditions for facilities, human resources and other resources to enforce the Constitution and laws in the province.

c) Be responsible for cooperate with centrally-governed state authorities and local governments in enhancing economic connections between regions, and implementing the regional planning and ensuring the consistency in the national economy;

d) Carry out local state administrative management in a manner that is uniform, transparent, continuous, efficient, effective, democratic, rule-of-law, professional, clean and public, ensures modern governance and serves the People;

dd) Manage structure of officials working for administrative authorities of local governments at all levels, number of employees paid by state budget and working for authorities and units under its management, and number of commune-level officials and public employees and part-time position holders working at communes, villages, residential quarters in the province as regulated by laws and competent authorities;

e) Regulate the organizational structure, and specific duties and powers of specialized authorities affiliated to the provincial-level People’s Committee; decide to establish, reorganize, change names of, dissolve and regulate the organizational structure, and specific duties and powers of public service providers affiliated to the provincial-level People’s Committee as per law;

g) Decide the number of Vice Chairperson(s) of each district-level People’s Committee to make sure that total number of Vice Chairpersons of district-level People’s Committees in the province must not exceed the limits imposed by the Government;

h) Promulgate, annul and amend documents promulgated by the provincial-level People’s Committee if it is considered that they are no longer suitable or contrary to laws;

i) Issue working regulations applied to provincial-level People’s Committees;

k) Perform the devolved/authorized duties and powers and other duties and powers as per law.

2. The People’s Committee of central-affiliated city shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Formulate and request the province-level People’s Council to consider promulgating resolutions for performance of duties and powers specified in points a, b and c clause 2 Article 15 of this Law;

b) Decide plannings, programs and plans for urban infrastructure and urban development as stipulated by laws;

c) Consistently manage local urban land reserve, and urban infrastructure in accordance with regulations of law;

d) Decide to transfer some functions, duties and powers as prescribed by law within functions, duties and powers of specialized authorities affiliated to the People's Committee of central-affiliated city to other specialized authorities and administrative organizations affiliated to the People's Committee of central-affiliated city and district-level People's Committees.

Article 17. Duties and powers of Chairperson of the provincial-level People’s Committee

1. The Chairperson of the provincial-level People’s Committee shall perform the following duties and powers:

a) Lead and direct tasks of the People’s Committee; Convene and chair meetings of the People’s Committee;

b) Lead and direct the performance of duties to enforcement of the Constitution, laws and documents issued by superior state authorities, the provincial-level People's Council and the provincial-level People's Committee; conduct inspection and handle violations during the enforcement of the Constitution and laws in the province.

c) Lead and bear responsibility for operations of the local state administrative system, thereby ensuring the consistency and transparency of the administrative system; development of science, technology, innovation and digital transformation; reforms in the administrative, working and personnel structure which constitutes the local state administrative system;

d) Lead, direct, urge and inspect tasks of specialized authorities and other administrative organizations affiliated to the provincial-level People's Committee, inferior People's Committees and Chairpersons of inferior People's Committees;

d) Direct and organize the performance of duties to socio-economic development and development of local industries and sectors; organize local state management of sectors in terms of finance, investment, land, resources, environment, trade, services, industry, agriculture, construction, transport, education, health, justice administration, justice assistance, home affairs, labor, culture, information, tourism, sports, society, ethnicity, religion, national defense, security, order, social safety, foreign affairs; protect property owned authorities and organizations, human life, freedom, honor, dignity, property, and other legitimate rights and interests of citizens, and human rights; prevent and control corruption, extravagance, crimes and other violations against the law in the province according to regulations of law;

e) Decide to implement other urgent measures prescribed by law in case of real necessity for national interests, management of natural disasters and epidemics, protection of human life and property owned the local people, then report to competent authorities of the Communist Party and the Prime Minister as soon as possible;

g) Direct and take responsibility for management and effective use of local facilities, finances and state budget allocated according to regulations of law;

h) Direct and assume responsibility for recruitment and employment of local officials and public employees according to regulations of law and as devolved by superior state authorities; decide appointment, discharge, dispatch, and removal of heads and vice heads from office of specialized authorities, other administrative organizations, and public service providers under the provincial-level People's Committee.

i) Direct and promptly handle emergency cases related to natural disasters, floods, and epidemics in the province;

k) Direct inspection, examination, citizen reception, resolution of complaints and denunciations, prevention and control of corruption and extravagance in operations of the state administrative system and local socio-economic activities;

l) Approve the result of election, discharge and dismissal of and decide dispatch and removal of the Chairperson of the People’s Committee, the Vice Chairperson of the district-level People’s Committee from office; delegate powers to the Chairperson of the district-level People’s Committee; decide suspension of the capacity of Vice Chairperson of the provincial-level People's Committee, the Chairperson of the district-level People’s Committee, and heads of specialized authorities and public service providers affiliated to the provincial-level People's Committee.

m) Promulgate, annul and amend documents promulgated by the Chairperson of the provincial-level People’s Committee if it is considered that they are no longer suitable or contrary to laws;

n) Terminate the enforcement or annul part or all of law-breaking documents issued by specialized authorities affiliated to the provincial-level People’s Committee, the district-level People’s Committee and the Chairperson of the district-level People’s Committee;

o) Terminate the enforcement of law-breaking documents issued by the district-level People’s Council, and send a report to the provincial People’s Committee to request the provincial People’s Council to allow annulment of these documents;

p) Perform the devolved/authorized duties and powers and other duties and powers as per law.

2. The Chairperson of the People’s Committee of central-affiliated city shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Direct and organize the implementation of plannings, programs and plans for urban infrastructure and urban development in the province as stipulated by laws;

b) Direct and organize the use of urban land reserve in order to serve urban infrastructure construction as per law;

c) Direct the inspection of compliance with laws in respect of development and construction of houses as well as urban construction projects;

d) Carry out management of city dwellers; prevent and control social evils in urban areas;

d) 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 AND POWERS OF LOCAL GOVERNMENTS AT DISTRICT LEVEL

Article 18. Duties and powers of the district-level People’s Council

1. The district-level People’s Council shall perform the following duties and powers:

a) Decide measures to maintain the enforcement of the Constitution and laws in the district;

b) Decide socio-economic development policies and plans and plans to develop local industries and sectors as per law;

c) Decide local state budget revenue estimates; decide local government budget revenue and expenditure estimates, and budget distribution according to the budget plan applied at its administrative level; adjust local government budget estimates when necessary; approve the local government budget balance;

d) Decide measures to develop sectors in terms of economy, land, resources, environment, education, health, culture, information, tourism, physical training and sports; to implement social policies; to maintain the performance of national defense, security, order and social safety-related duties; to protect property owned by authorities and organizations, human life, freedom, honor, dignity, property, other legitimate rights and interests of citizens, human rights, and prevent and control corruption, extravagance, crimes and other violations against the law in the district according to regulations of law;

dd) Promulgate the Working Regulations of the district-level People's Council, the Standing Committee of the district-level People’s Council, Committees of the district-level People's Council, Delegate Coalitions of the district-level People's Council and the district-level People's Council Delegates;

e) Decide to establish, reorganize, dissolve and change names of specialized authorities affiliated to the district-level People's Committee as per law;

g) Grant a decision on the structure of officials and public employees working local government authorities in the district; number of employees paid by state budget and working in public service providers under its management according to the permitted number of personnel approved by competent authorities; decide number of commune-level officials and public employees and part-time position holders working at communes, villages, residential quarters as regulated by laws and competent authorities;

h) Consider giving opinions about establishment, dissolution, merger, division, modification of geographical borders and change of names of district-level administrative divisions and commune-level administrative divisions affiliated to such administrative divisions;

i) Decide to establish, reorganize, dissolve, choose and change names of villages and residential quarters as per law;

k) Elect, discharge and dismiss the Chairperson of the district-level People's Council, Vice Chairperson of the district-level People's Council, Head, Vice Head of the Committee of the district-level People's Council, from office; the Chairperson of the district-level People’s Committee, Vice Chairperson of the district-level People’s Committee and members of the district-level People’s Committee , from office; elect, discharge and dismiss jurors from office;

l) Hold a vote on and cast its vote on confidence in incumbents elected by the People’s Council in accordance with regulations of law;

m) Supervise the execution of the Constitution and laws in the district and resolutions of the district-level People's Council; supervise operations carried out by the People's Committee, the People's Court, the People's Procuracy at the same level, and other local authorities in accordance with regulations of law;

n) Dismiss delegates of the district-level People’s Council from office and accept the discontinuity of duties of delegates of the district-level People’s Council as per law.

o) Promulgate resolutions on issues that fall within duties and powers of the district-level People’s Council; annul and amend documents promulgated by the district-level People's Council if it is considered that they are no longer suitable or contrary to laws;

p) Annul part or all of law-breaking documents issued by the district-level People’s Committee, the Chairperson of the district-level People’s Committee and the commune-level People's Council affiliated to the district-level People’s Council;

q) Dissolve the communal-level People’s Council affiliated to the district-level People’s Council in the event that this People's Council causes serious harm to the People's interests and request the provincial-level People’s Council to grant its approval;

r) Perform the devolved duties and powers and other duties and powers as per law.

2. The People’s Council of the district-level town, provincial city and city controlled by central-affiliated city shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Decide mechanisms, policies, and measures for urban infrastructure and urban development as per law;

b) Decide measures to manage city dwellers, organize the people’s life at the urban area, and protect public order and architecture and landscape in the district as per law.

3. The People’s Council of urban district shall perform the duties and powers specified in clause 1 of this Article and point b clause 2 of this Article.

Article 19. Duties and powers of the district-level People’s Committee

1. The district-level People’s Council shall perform the following duties and powers:

a) Formulate and request the district-level People’s Council to consider promulgating resolutions for performance of duties and powers specified in points a, b, c, d, e, g, h and I clause 1 Article 18 of this Law;

b) Organize the enforcement of the Constitution and laws in the district; organize the implementation of resolutions of the district-level People’s Council; meet conditions for facilities, human resources and other resources to enforce the Constitution and laws in the district;

c) Carry out local state administrative management in a manner that is uniform, transparent, continuous, efficient, effective, democratic, rule-of-law, professional, clean and public, ensures modern governance and serves the People;

d) Regulate the organizational structure, and specific duties and powers of specialized authorities affiliated to the district-level People’s Committee; decide to establish, reorganize, change names of, dissolve and regulate the organizational structure, and specific duties and powers of public service providers affiliated to the district-level People’s Committee;

dd) Decide the number of Vice Chairperson(s) of each commune-level People’s Committee to make sure that total number of Vice Chairpersons of commune-level People’s Committees in the district must not exceed the limits imposed by the Government;

e) Manage structure of officials working for administrative authorities of local governments in the district, number of employees paid by state budget and working for public service providers under its management, and number of commune-level officials and public employees and part-time position holders working at communes, villages, residential quarters in the district as regulated by laws and as devolved by superior state authorities;

g) Promulgate, annul and amend documents promulgated by the district-level People’s Committee if it is considered that they are no longer suitable or contrary to laws;

h) Issue working regulations applied to district-level People’s Committees;

i) Perform the devolved/authorized duties and powers and other duties and powers as per law.

2. The People’s Committee of the district-level town, provincial city and city controlled by central-affiliated city shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Formulate and request the district-level People’s Council to consider promulgating resolutions for performance of duties and powers specified in points a and b clause 2 Article 18 of this Law;

b) Decide plannings, programs and plans for urban infrastructure and urban development in the district as stipulated by laws;

c) Manage local urban land reserve, and urban infrastructure in accordance with regulations of law;

3. The People’s Committee of urban district shall perform duties and powers specified in clause 1 of this Article and formulate and request the People’s Council of urban district to consider promulgating resolutions for performance of duties and powers specified in point b clause 2 Article 18 of this Law.

Article 20. Duties and powers of the Chairperson of the district-level People’s Committee

1. The Chairperson of the district-level People’s Council shall perform the following duties and powers:

a) Lead and direct tasks of the People’s Committee; convene and chair meetings of the People’s Committee;

b) Lead and direct the performance of duties to enforcement of the Constitution, laws and documents issued by superior state authorities, the district-level People's Council and the district-level People's Committee; conduct inspection and handle violations during the enforcement of the Constitution and laws in the district.

c) Lead and bear responsibility for operations of the local state administrative system, thereby ensuring the consistency and transparency of the administrative system; development of science, technology, innovation and digital transformation; reforms in the administrative, working and personnel structure which constitutes the local state administrative system;

d) Lead, direct, urge and inspect tasks of specialized authorities and other administrative organizations affiliated to the district-level People's Committee, commune-level People's Committees and Chairpersons of commune-level People's Committees;

d) Direct and organize the performance of duties to socio-economic development and development of local industries and sectors; organize local state management of sectors in terms of economy, land, natural resources, environment, education, health, culture, information, tourism, physical training and sports; implement social policies and perform national defense, security, social order and safety, and foreign affair-related duties; protect property owned authorities and organizations, human life, freedom, honor, dignity, property, and other legitimate rights and interests of citizens, and human rights; prevent and control corruption, extravagance, crimes and other violations against the law in the district according to regulations of law;

e) Direct and take responsibility for management and effective use of local facilities, finances and state budget allocated according to regulations of law;

g) Direct and assume responsibility for recruitment and employment of local officials and public employees according to regulations of law and as devolved by superior state authorities; decide appointment, discharge, dispatch, and removal of heads and vice heads from office of specialized authorities, other administrative organizations, and public service providers under the district-level People's Committee;

h) Direct and promptly handle emergency cases related to natural disasters, floods, and epidemics in the district;

i) Direct and take responsibility for inspection, examination, citizen reception, resolution of complaints and denunciations, prevention and control of corruption and extravagance in operations of the state administrative system and in local socio-economic activities;

k) Approve the result of election, discharge and dismissal of and decide dispatch and removal of the Chairperson of the commune-level People’s Committee, the Vice Chairperson of the commune-level People’s Committee from office; delegate powers to the Chairperson of the commune-level People’s Committee; decide suspension of the capacity of the Vice Chairperson of the district-level People's Committee, the Chairperson of the commune-level People’s Committee, and capacities of leaders and managers, under his/her management, of specialized authorities and heads of public service providers affiliated to the district-level People's Committee.

l) Promulgate, annul and amend documents promulgated by him/her if it is considered that they are no longer suitable or contrary to laws;

m) Terminate the enforcement or annul part or all of law-breaking documents issued by specialized authorities affiliated to the district-level People’s Committee, the commune-level People’s Committee and the Chairperson of the commune-level People’s Committee;

n) Terminate the enforcement of law-breaking documents issued by the commune-level People’s Council, and send a report to the district-level People’s Committee to request the district-level People’s Council to allow annulment of these documents;

o) Perform the devolved/authorized duties and powers and other duties and powers as per law.

2. The Chairperson of the People’s Committee of the district-level town, provincial city and city controlled by central-affiliated city shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Direct and organize the implementation of plannings, programs and plans for urban infrastructure and urban development in the district as stipulated by laws;

b) Direct and organize the use of urban land reserve in order to serve urban infrastructure construction as per law;

c) Direct the inspection of compliance with laws in respect of development and construction of houses as well as urban construction projects;

d) Carry out management of city dwellers; prevent and control social evils in urban areas;

d) Manage, protect urban space, architecture and landscape; organize and direct the implementation of duties to public order, traffic safety assurance and traffic jam alleviation.

3. The Chairperson of the People’s Council of urban district shall perform the duties and powers specified in clause 1 of this Article and points a, c, d and dd clause 2 of this Article.

Section 3. DUTIES AND POWERS OF LOCAL GOVERNMENTS AT COMMUNE LEVEL

Article 21. Duties and powers of the commune-level People’s Council

1. The commune-level People’s Council shall perform the following duties and powers:

a) Decide measures to maintain the enforcement of the Constitution and laws in the commune;

b) Decide local state budget revenue estimates; decide local government budget revenue and expenditure estimates, and budget distribution according to the budget plan applied at its administrative level; adjust local government budget estimates when necessary; approve the local government budget balance;

c) Decide measures to promote socio-economic development; to maintain the performance of national defense, security, order and social safety-related duties; to protect property owned by authorities and organizations, human life, freedom, honor, dignity, property, other legitimate rights and interests of citizens, human rights, and prevent and control corruption, extravagance, crimes and other violations against the law in the commune according to regulations of law;

d) Decide policies and measures for construction of local infrastructure and public works as per law;

dd) Promulgate the Working Regulations of the commune-level People's Council, the Standing Committee of the commune-level People’s Council, Committees of the commune-level People's Council, Delegate Coalitions of the commune-level People's Council and the commune-level People's Council Delegates;

e) Elect, discharge and dismiss the Chairperson of the commune-level People's Council, Vice Chairperson of the commune-level People's Council, Head of the Committee of the commune-level People's Council, from office; the Chairperson of the commune-level People’s Committee, Vice Chairperson of the commune-level People’s Committee and members of the commune-level People’s Committee, from office; cast its vote on confidence for incumbents elected by the commune-level People’s Council as per law;

g) Dismiss delegates of the commune-level People’s Council from office and accept the discontinuity of duties of delegates of the commune-level People’s Council as per law;

h) Consider giving opinions about establishment, dissolution, merger, division, modification of geographical borders and change of names of commune-level administrative divisions;

i) Supervise the execution of the Constitution and laws in the commune and resolutions of the commune-level People's Council; supervise operations carried out by the commune-level People's Committee;

k) Promulgate resolutions on issues that fall within duties and powers of the commune-level People’s Council; annul and amend documents promulgated by the commune-level People's Council if it is considered that they are no longer suitable or contrary to laws;

l) Terminate the enforcement or annul part or all of law-breaking documents issued by the People’s Committee and the Chairperson of the People’s Committee at the same level;

m) Perform the devolved duties and powers and other duties and powers as per law.

2. The People’s Council of the commune-level town shall perform the duties and powers specified in clause 1 of this Article and the following duties and powers:

a) Decide measures to implement the planning and develop the commune-level town as stipulated by laws;

b) Decide measures to develop civilized urban lifestyle and manage city dwellers as per law.

3. The People’s Council of ward shall perform the duties and powers specified in points a, b, c, dd, e, g, h, i, k, l, m clause 1 and point b clause 2 of this Article.

Article 22. Duties and powers of commune-level People’s Committee

1. The commune-level People’s Committee has the following duties and powers:

a) Formulate and request the commune-level People’s Council to consider promulgating resolutions for performance of duties and powers specified in points a, b, c, d and h clause 1 Article 21 of this Law;

b) Organize the enforcement of the Constitution and laws in the commune; organize the implementation of resolutions of the commune-level People's Council; meet conditions for facilities, human resources and other resources to enforce the Constitution and laws in the commune.

c) Carry out local state administrative management in a manner that is uniform, transparent, continuous, efficient, effective, democratic, rule-of-law, professional, clean and public, ensures modern governance and serves the People;

d) Issue working regulations applied to commune-level People’s Committees;

dd) Promulgate, annul and amend documents promulgated by the commune-level People’s Committee if it is considered that they are no longer suitable or contrary to laws;

e) Perform the devolved/authorized duties and powers and other duties and powers as per law.

2. The People’s Committee of commune-level town shall perform duties and powers specified in clause 1 of this Article, and formulate and request the People’s Council at the same level to consider promulgating resolutions for performance of duties and powers specified in points a and b clause 2 Article 21 of this Law.

3. The People’s Committee of ward shall perform duties and powers specified in points b, c, d, dd and e clause 1 of this Article, and formulate and request the People’s Council at the same level to consider promulgating resolutions for performance of duties and powers specified in points a, b, c, h clause 1 and point b clause 2 Article 21 of this Law.

Article 23. Duties and powers of Chairperson of the commune-level People’s Committee

1. The Chairperson of the commune-level People’s Committee has the following duties and powers:

a) Lead and direct tasks of the People’s Committee; convene and chair meetings of the People’s Committee;

b) Lead and direct the performance of duties to enforcement of the Constitution, laws and documents issued by superior state authorities, the commune-level People's Council and the commune-level People's Committee; conduct inspection and handle violations during the enforcement of the Constitution and laws in the commune;

c) Lead and bear responsibility for operations of the local state administrative system, thereby ensuring the consistency and transparency of the administrative system; take responsibility for reforms in the local administrative system; decide suspension of the capacity of Vice Chairperson of the commune-level People's Committee, and capacities of leaders and managers under his/her management;

d) Perform socio-economic development-related duties, protect property owned authorities and organizations, human rights, citizenship, human life, freedom, honor, dignity, property, and other legitimate rights and interests of citizens, and human rights, settle issues directly related to the People's lives; maintain public order, social safety and security, and prevent and control corruption, extravagance, crimes and other violations against the law in the commune according to regulations of law;

dd) Direct, manage and organize effective use of local facilities, finances and state budget allocated according to regulations of law;

e) Receive citizens, handle complaints and denunciations, prevent and control bureaucracy, corruption and extravagance in operations conducted by local governments and socio-economic activities in the commune;

g) Direct and promptly handle emergency cases related to natural disasters, floods, and epidemics in the commune;

h) Give guidance and inspect self-management by villages;

i) Promulgate, annul and amend documents promulgated by him/her if it is considered that they are no longer suitable or contrary to laws;

k) Perform the devolved/authorized duties and powers and other duties and powers as per law.

2. The Chairperson of the People’s Committee of commune-level town shall perform the duties and powers specified in points a, b, c, d, dd, e, g, i and k clause 1 of this Article and the following duties and powers:

a) Direct and organize the implementation of plannings and plans for development of the commune-level town as stipulated by laws;

b) Manage city dwellers; prevent and control social evils in urban areas; develop civilized urban lifestyle as per law;

c) Manage, protect urban space, architecture and landscape; organize and direct the implementation of duties to public order and traffic safety assurance in the commune as per law;

d) Give guidance and inspect self-management by residential quarters;

3. The Chairperson of the People’s Committee of ward shall perform the duties and powers specified in points a, b, c, d, dd, e, g, i and k clause 1 of this Article and points b,c and d clause 2 of this Article.

Article 24. Dialogues between local governments at the commune level and the People

1. Every year, each local government at the commune level shall be responsible for organizing at least one dialogue conference with the People offline, online or via legal social networks in accordance with regulations of law in order to discuss operations conducted local governments and issues related to the rights and obligations of local citizens. In case of offline dialogue conferences, if the commune-level administrative division is too large, such conferences can be held by village or neighborhood.

2. The commune-level People’s Committee shall cooperate with Vietnam Fatherland Front Committee at the same level to organize dialogue conferences specified in clause 1 of this Article, together with a representative of the standing People’s Council to preside over such dialogue conferences; invite representatives of Communist Party committees, the Vietnam Fatherland Front Committee and socio-political organizations at the same level to participate in dialogue conferences and announce on mass media the time, location, content and method of attending each dialogue conference with the People at least 07 days before the date on which the dialogue conference is organized.

3. Results of dialogue conferences with the People shall be notified by the People’s Committee to the People via mass media, publicly posted at the head office of the local government at the commune level and sent to the Head of the village and the Head of the residential quarter not later than 10 days from the date on which the dialogue conference is organized.

Section 4. DUTIES AND POWERS OF LOCAL GOVERNMENTS IN ISLANDS AND SPECIAL ADMINISTRATIVE – ECONOMIC DIVISIONS

Article 25. Duties and powers of local governments in islands

1. The district-level local government in the island shall perform duties and powers equivalent to those of the local government of the suburban/urban district, district-level town, provincial city and city controlled by central-affiliated city stipulated in Section 2 of this Chapter.

2. The commune-level local government in the island shall perform duties and powers equivalent to those of the local government of the commune, ward and commune-level town stipulated in Section 3 of this Chapter.

3. If the district-level administrative division does not organize commune-level administrative divisions, the district-level People's Council/People's Committee shall perform duties and powers of the commune-level People's Council/People's Committee in accordance with this Law and relevant laws.

4. Regulations on specific duties and powers of local governments at administrative divisions in islands enshrined in other legislative documents shall ensure the enhancement of the autonomy, responsible autonomy of local state authorities, the flexibility and initiative in response to any sudden events, situations and emergencies with a view to a firm defense of national independence, sovereignty, and territorial integrity on the territorial waters and islands, and promotion of advantages and potentials for the marine economy, integration into the international economy, and encouragement to civilians to live in, protect and develop the islands.

Article 26. duties and powers of local governments at special administrative – economic divisions

Duties and powers of local governments at special administrative – economic divisions shall be regulated by the National Assembly when such special administrative – economic divisions are established and make sure that special and outstanding policies are implemented to create a driving force for development of special administrative – economic divisions.

Chapter V

ORGANIZATION AND OPERATION OF LOCAL GOVERNMENTS

Section 1. ORGANIZATION AND OPERATION OF PEOPLE’S COUNCILS

Article 27. Organizational structure of the People’s Council

1. The People’s Council shall be composed of the standing People’s Council, Committees, Delegate Coalition and Delegates of the People’s Council.

2. The standing People’s Council is the standing committee of the People's Council exercising powers and performing duties in accordance with regulations laid down in this Law, duties assigned by the People’s Council in accordance with relevant laws; bearing responsibility and reporting its duty performance to the People's Council. The organizational structure of the standing People’s Council and number of Vice Chairpersons of the People’s Council at each level are regulated as follows:

a) The standing People’s Council shall be composed of the Chairperson of the People’s Council, Vice Chairpersons and members who act as the Heads of committees of the People's Council Members of the standing People's Council are not simultaneously members of the People's Committee at the same level;

b) The Chairperson of the provincial or district-level People's Council may be the full-time delegate of the People’s Council. Vice Chairpersons of People's Councils at all levels are full-time delegates of People’s Councils.

If the Chairperson of the provincial-level People's Council is the full-time delegate of the People’s Council, the provincial-level People’s Council will include a Vice Chairperson; if the Chairperson of the provincial-level People's Council is the part-time delegate of the People’s Council, the provincial-level People’s Council will include two Vice Chairpersons.

The district or commune-level People's Council includes 01 Vice Chairperson.

3. A committee of the People's Council is an authority affiliated to the People's Council and examining draft resolutions, reports and proposals before they are submitted to the People's Council, supervising and giving opinions on issues within its management; bearing responsibility and reporting its duty performance to the People's Council. The number of and the organizational structure of Committees of People's Councils at all levels are regulated as follows:

a) The provincial-level People's Council shall establish the Committee on Legislation, the Committee on Economy – Budget, and the Committee on Culture- Society.

The People's Council of central-affiliated city shall establish the Committee on Legislation, the Committee on Economy – Budget, and the Committee on Culture- Society and the Committee on Urban Affairs.

The district or commune-level People's Council shall establish the Committee on Legislation and the Committee on Economy – Society.

As for ethnic minority provinces, districts and provincial cities, People's Councils may establish Committees on Ethnic Minority;

b) The Committee on Ethnic Minority is composed of a Head, Vice Head(s) and members;

c) The Head of a Committee of the provincial or district-level People's Council may be the full-time delegate of the People’s Council. The Head of a Committee of the commune-level People's Council is the part-time delegate of the People’s Council.

The Head of a Committee of the provincial or district-level People's Council is not simultaneously the Head of a specialized authority affiliated to the People's Committee at the same level;

d) The Vice Head of a Committee of the provincial or district-level People's Council is the full-time delegate of the People’s Council. The Vice Head of a Committee of the commune-level People's Council is the part-time delegate of the People’s Council.

If the Head of the Committee of the provincial-level People's Council is the full-time delegate of the People’s Council, the Committee of the provincial-level People’s Council will include a Vice Head; if the Head of the Committee of the provincial-level People's Council is the part-time delegate of the People’s Council, the Committee of the provincial-level People’s Council will include two Vice Heads.

The Committee of the district or commune-level People's Council includes 01 Vice Head;

dd) Members of Committees of People's Council at all levels are part-time delegates of People’s Councils, unless otherwise provided for by the National Assembly.

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 shall be decided by the standing People’s Council.

5. The tenure of a People’s Council delegate shall coincide with that 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.

The tenure of the Standing Committee of the People’s Council, and committees of the People’s Council shall coincide with the tenure of the People’s Council at the same level. Whenever the tenure of the People’s Council ends, the Standing Committee of the People’s Council and 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, and committees of the new-term People’s Council.

6. Standards and conditions for establishment of Committees on Ethnic Minority specified in point a clause 3 of this Article shall comply with regulations issued by the National Assembly Standing Committee.

Article 28. Number of delegates of the People’s Council

1. The number of delegates of the provincial-level People’s Council shall be determined according to the following principles:

a) A mountainous province which has up to 500.000 people may have up to 50 elected delegates. A mountainous province which has more than 500.000 people may have one additional delegate for each additional 50.000 people, provided there are no more than 75 delegates in total.

b) A province other than that specified in point a of this clause which has up to 1.000.000 people may have up to 50 elected delegates. A province other than that specified in point a of this clause which has more than 1.000.000 people may have one additional delegate for each additional 70.000 people, provided there are no more than 85 delegates in total;

c) A central-affiliated city which has up to 1.000.000 people may have up to 50 elected delegates. A central-affiliated city which has more than 1.000.000 people may have one additional delegate for each additional 60.000 people, provided there are no more than 85 delegates in total.

d) Ho Chi Minh city may have up to 95 elected delegates. The number of delegates of the People’s Council of Hanoi city shall comply with regulations of the Law on the Capital.

2. The number of delegates of the district-level People’s Council shall be determined according to the following principles:

a) A mountainous/island district which has up to 40.000 people may have up to 30 elected delegates. A mountainous/island district which has more than 40.000 people may have one additional delegate for each additional 7.000 people, provided there are no more than 35 delegates in total;

b) A district other than that specified in point a of this clause which has up to 80.000 people may have up to 30 elected delegates. A district other than that specified in point a of this clause which has more than 80.000 people may have one additional delegate for each additional 15.000 people, provided there are no more than 35 delegates in total;

c) An urban district which has up to 100.000 people may have up to 30 elected delegates. An urban district which has more than 100.000 people may have one additional delegate for each additional 15.000 people, provided there are no more than 35 delegates in total;

d) A district-level town which has up to 80.000 people may have up to 30 elected delegates. A district-level town which has more than 80.000 people may have one additional delegate for each additional 15.000 people, provided there are no more than 35 delegates in total;

dd) A provincial city/city controlled by central-affiliated city which has up to 100.000 people may have up to 30 elected delegates. A provincial city/city controlled by central-affiliated city which has more than 100.000 people may have one additional delegate for each additional 15.000 people, provided there are no more than 35 delegates in total;

e) The number of elected delegates of the People's Council governing the district comprising more than 30 commune-level administrative divisions shall be decided by the National Assembly Standing Committee as requested by the Standing Committee of the provincial-level People's Council, but shall be restricted to 40 delegates.

3. The number of delegates of the commune-level People’s Council shall be determined according to the following principles:

a) A mountainous/island commune/commune-level town which has up to 2.000 people may have up to 15 elected delegates. A mountainous/island commune/commune-level town which has more than 2.000 people to less than 3.000 people may have up to 19 elected delegates. A mountainous/island commune/commune-level town which has from 3.000 people to 4.000 people may have up to 21 elected delegates. A mountainous/island commune/commune-level town which has up to 4.000 people may have one additional delegate for each additional 1.000 people, provided there are no more than 30 delegates in total;

b) A commune/commune-level town other than that specified in point a of this clause which has up to 5.000 people may have up to 25 elected delegates. A commune/commune-level town other than that specified in point a of this clause which has more than 5.000 people may have one additional delegate for each additional 2.500 people, provided there are no more than 30 delegates in total;

c) A ward which has up to 10.000 people may have up to 21 elected delegates. A ward which has more than 10.000 people may have one additional delegate for each additional 5.000 people, provided there are no more than 30 delegates in total.

Article 29. Duties and powers of the standing People’s Council

1. Discuss and decide contents within its power as per law and duties assigned by the People’s Council at the same level.

2. Hold sessions of the People’s Council; cooperate with the People's Committee in preparing sessions of the People’s Council.

3. Urge and inspect the implementation of resolutions of the People’s Council by the People's Committee and other local authorities.

4. Supervise enforcement of the Constitution and laws in the local area;

5. Direct, control and cooperate in operations of committees of the People’s Council; examine the supervision result of committees of the People’s Council when necessary and report to the People’s Council in the next session; keep close contact with delegates of the People’s Council; aggregate questions posed by delegates of the People’s Council to report to the People’s Council; request authorities, organizations or individuals to explain issues related to duties and powers of the Standing Committee of the People’s Council in the meeting of the Standing Committee of the People’s Council.

6. Make necessary arrangements so that delegates of the People’s Council can hold receptions for citizens in accordance with laws; expedite, inspect and assess handling of recommendations, complaints and denunciations received from citizens; aggregate opinions and aspirations of the People to report to the People’s Council in the session.

7. Decide the number of members of committees of the People’s Council at the same level. Approve lists of Vice Heads and members of committees of the People’s Council in the number of delegates of the People’s Council and discharge of these Vice Heads and members from office as requested by the Heads of committees of the People’s Council.

8. Approve results of election, discharge and dismissal of Chairpersons and Vice Chairpersons of directly inferior People’s Councils.

9. Establish Delegate Coalitions, determine number of delegates of the People’s Council in each Delegate Coalition, and assign the Coalition Leader and Vice Leader(s) of the Delegate Coalition of the People’s Council.

10. Request the People’s Council to take or cast a vote of confidence for incumbents elected by the People’s Council in accordance with the law.

11. Decide whether the dismissal of delegates of the People’s Council from office will be voted for by the People’s Council or the electorate.

12. Report on performance of the People’s Council at the same level to the People’s Council and the People’s Committee at the directly superior level; the Standing Committee of the provincial-level People’s Council shall report on their performance to the National Assembly Standing Committee and the Government.

13. Keep close contact with and cooperate with the Standing Committee of the Vietnam Fatherland Front Committee at the same level in performing tasks; notify the Vietnam Fatherland Front Committee at the same level of performance of the People's Council twice a year.

14. During the period when the People's Council is in recess, decide and report the following contents to the People's Council in the next session:

a) Measures for dealing with unscheduled tasks and emergencies in prevention and response to natural disasters, diseases and epidemics, protection of national defense, social security, order and safety at the local area;

b) Adjust budget estimates by increasing estimated revenues or reducing expenditures

Article 30. Duties and powers of the Chairperson and Vice Chairperson (s) of the People's Council and members of the Standing Committee of the People’s Council

1. The Chairperson of the People’s Council has the following duties and powers:

a) Chair meetings of the People’s Council, ensure compliance with regulations on operations conducted by delegates of the People’s Council and sessions of the People’s Council; sign resolutions of the People’s Council;

b) Lead tasks of the Standing Committee of the People’s Council; direct preparation for expected programs, convene and chair meetings of the Standing Committee of the People’s Council;

c) Act on behalf of the Standing Committee of the People’s Council to keep close contact with the People’s Committee, state authorities, the Standing Committee of the Vietnam Fatherland Front Committee, member organizations of the Vietnam Fatherland Front Committee at the same level, other social organizations and the People;

d) Decide suspension of the capacity of Vice Chairperson (s) of the People’s Council, Heads and Vice Heads of Committees of the People’s Council at the same level, Chairpersons of directly inferior People’s Councils in the cases in accordance with regulations issued by competent authorities.

2. The Vice Chairperson of the People’s Council shall assist the Chairperson in performing duties and powers as assigned by the Chairperson of the People’s Council and take sole responsibility to the Chairperson; be collectively responsible for performance of duties and powers of the Standing Committee of the People’s Council; attend meetings of the Standing Committee of the People’s Council, discuss and decide issues within duties and powers of the Standing Committee of the People’s Council.

3. Members of the Standing Committee of the People’s Council shall be collectively responsible for performing duties and powers of the Standing Committee of the People’s Council; solely responsible to the Standing Committee of the People’s Council for performing duties and powers assigned by the Standing Committee of the People’s Council; attend meetings held by the Standing Committee of the People’s Council, discuss and decide issues within duties and powers of the Standing Committee of the People’s Council.

4. Within its tenure, if the Chairperson of the provincial-level People’s Council is absent, the Standing Committee of the People’s Council at the same level shall assign 01 Vice Chairperson of the People’s Council to manage operations of the People’s Council and the Standing Committee of the People’s Council until the People’s Council elects a new Chairperson; if the Chairperson of the district or commune-level People’s Council is absent, the Vice Chairperson of the district or commune-level People’s Council shall manage operations of the People’s Council and the Standing Committee of the People’s Council until the People’s Council elects a new Chairperson.

If both the Chairperson and the Vice Chairperson of the district or commune-level People’s Council are absent, the Standing Committee of the directly superior People’s Council shall appoint one of delegates of the district or commune-level People’s Council to manage operations of the People’s Council and the Standing Committee of the People’s Council until the People’s Council elects a new Chairperson. If both the Chairperson and the Vice Chairperson of the provincial-level People’s Council are absent, the National Assembly Standing Committee shall appoint one of delegates of the provincial People’s Council to manage operations of the People’s Council and the Standing Committee of the People’s Council until the People’s Council elects a new Chairperson.

If the Chairperson of the district or commune-level People’s Council is disciplined and proposed to be discharged or dismissed, the Standing Committee of the directly superior People’s Council shall decide to assign the Vice Chairperson of the district or commune-level People’s Council to perform duties and powers of the Chairperson of the People’s Council until a new Chairperson is elected; in case of the Chairperson of the provincial-level People’s Council, the National Assembly Standing Committee shall make a decision. If the Vice Chairperson of the People’s Council is also disciplined, one of delegates of the People’s Council at the same level shall be appointed to manage operations of the People’s Council and the Standing Committee of the People’s Council.

The Vice Chairperson of the People’s Council and the person appointed to manage operations of the People’s Council and the Standing Committee of the People’s Council shall be entitled to perform duties and powers of the Chairperson of the People’s Council in accordance with this Law and relevant laws.

Article 31. Duties and powers of delegates of the People’s Council

1. 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.

2. Delegates of the People’s Council shall be responsible for attending all meetings and sessions of the People’s Council, participating in discussion and voting on issues within duties and powers of the People’s Council; if they do not attend meetings and sessions, they shall provide reasons and notify the Chairperson of the People’s Council in advance. Where delegates of the People’s Council have not attended sessions for 01 consecutive year without any acceptable reasons, the Standing Committee of the People’s Council shall report to the People’s Council to dismiss them from office.

3. Delegates of the People’s Council shall keep a close contact with the electorate of the area where they perform tasks of a delegate; collect and communicate opinions, aspirations and recommendations of the electorate in an honest manner; protect lawful rights and interests of the electorate; implement regulations on contact with the electorate and be overseen by the electorate.

4. Delegates of the People’s Council shall receive citizens; receive and handle complaints, denunciations, and recommendations of citizens according to the regulations of law.

5. Delegates of the People’s Council shall be entitled to put questions to the Chairperson of the People’s Committee, members of the People’s Committee, Chief Justice of the People’s Court and the Head of the People’s Procuracy and Heads of authorities affiliated to the People’s Committee at the same level.

6. Delegates of the People’s Council shall be entitled to make recommendations to the People’s Council to take the vote of confidence for incumbents elected by the People’s Council, convene thematic/closed meetings or meetings to settle unexpected issues and make other recommendations that delegates find necessary.

7. When discovering law violations that may cause harm to the State interests, lawful rights and interests of organizations and individuals, delegates of the People’s Council shall have the right to request relevant authorities or organizations to take necessary measures to promptly terminate such violations.

8. Within their duties and powers, delegates of the People’s Council shall be entitled to request authorities, organizations or individuals to provide information and materials related to the duties and powers of these authorities, organizations or individuals.

9. Delegates of the People’s Council shall not be subjected to imprisonment, custody, detention, prosecution, or house or office search without consent from the People’s Council or the Standing Committee of the People’s Council during the period when the People’s Council is in recess. In case delegates of the People’s Council is temporarily detained because of criminals caught in the act, the detaining authority shall immediately report to the People’s Council or the Standing Committee of the People’s Council for consideration and decision.

Article 32. Sessions of the People’s Council

1. The People’s Council shall hold at least two sessions every year.

The People’s Council shall make its decision on the plan to hold regular sessions at the first session of the People's Council that takes place in the first year of its tenure, and at the previous year’s last meeting of the People's Council that takes place in the following years of its tenure upon the request of the Standing Committee of the People’s Council.

2. The thematic session or session serving settlement of unexpected issues of the People’s Council will be held if requested by the Standing Committee of the People's Council or the Chairperson of the People's Committee at the same level, or at least one third of delegates of the People’s Council.

3. Electorate living at a commune, ward or commune-level town shall be entitled to file a petition to the People’s Council of the commune, ward or commune-level town to hold a session to discuss and decide issues arising at such administrative division. If this petition is signed by more than ten percent of electorate living in such commune, ward or commune-level town according to the electoral register of electorate eligible to elect delegates of the communal-level People's Council in the latest election, the Standing Committee of the communal-level People’s Committee shall be responsible for convening the thematic session or session serving settlement of unexpected issues of the People’s Council to discuss contents mentioned in the petition. The petition of the electorate shall be considered valid if it provides all of their signature, full name, birth date and address of each petitioner. Those who sign their names in the petition shall appoint one person as a representative to attend the session of the People's Council on contents mentioned in the petition.

4. The People’s Council shall hold the open session. When necessary or if requested by the Standing Committee of the People's Council or the Chairperson of the People's Committee at the same level, or at least one third of delegates of the People’s Council, the closed session will be decided by the People’s Council.

Article 33. Voting by the People’s Council

1. The People’s Council shall decide issues within its duties and powers in the form of a voting. The voting may be done in person, online or by another appropriate method in accordance with working regulations of the People’s Council.

2. The resolution of the People’s Council shall be passed when more than half of delegates of the People’s Council vote in favor of it; meanwhile, the resolution to dismiss delegates of the People’s Council from office shall be passed when at least two thirds of delegates of the People’s Council vote in favor of it.

Article 34. Election of incumbents of the People’s Council and the People’s Committee at local government level

1. The People’s Council shall elect its Chairperson, Vice Chairperson (s) and Heads of its committees among the People’s Council’s delegates according to the list of nominees for such positions presented by the Standing Committee of the People’s Council.

In the first session, the People’s Council shall elect its Chairperson, Vice Chairperson (s) and Heads of its Committees among the People’s Council’s delegates as requested by the Standing Committee of the People’s Council of the preceding term.

In case there is an absence of the Standing Committee of the People’s Council, the National Assembly Standing Committee shall appoint a person to chair the session of the provincial-level People’s Council; the Standing Committee of the superior People’s Council shall appoint a person to chair the session of the inferior People’s Council; the People’s Council shall elect its Chairperson, Vice Chairperson (s) and Heads of its Committees among the People’s Council’s delegates according to the recommendation of the session chair.

2. The People’s Council shall elect the Chairperson of the People’s Committee according to the recommendation of the Chairperson of the People’s Council; Vice Chairperson and members of the People’s Committee according to the recommendation of the Chairperson of the People’s Committee. The Chairperson of the People’s Committee is not necessarily a delegate of the People’s Council.

3. The result of the election of the provincial-level People’s Council’s Chairperson/Vice Chairperson shall be ratified by the National Assembly Standing Committee; the result of the election of the Chairperson/Vice Chairperson of the district or commune-level People’s Council shall be ratified by the Standing Committee of the directly superior People’s Council.

4. The result of the election of the provincial-level People's Committee’s Chairperson/Vice Chairperson shall be ratified by the Prime Minister; the result of the election of the Chairperson/Vice Chairperson of the district or commune-level People's Committee shall be ratified by the Chairperson of directly superior People's Committee.

5. During the People’s Council’s election of incumbents as stipulated in this Article, if there is any delegate of the People’s Council standing for such election, or if the People’s Council wishes to recommend any eligible candidate to stand for such election who does not belong to the electoral register of eligible electorate already recommended by competent authorities or individuals, the Standing Committee of the People’s Council shall send a request to the People’s Council for its consideration and decision; if this election occurs in the first session held in each term of the People's Council, the session chair will be charged with sending this request to the People’s Council for its consideration and decision.

6. Officer holders stipulated in clauses 1 and 2 of this Article shall perform their duties and powers immediately after winning the election of the People’s Council.

7. Within 05 working days from the date of the election of the Chairperson of the People’s Council, Vice Chairperson of the People’s Council, the Chairperson of the People’s Committee and Vice Chairperson of the People’s Committee, the Standing Committee of the People’s Council shall send election results to competent authorities or individuals as stipulated in clause 3 and clause 4 of this Article for approval. Within 10 working days of receipt of election results, competent authorities or individuals shall be obliged to consider and approve it; in case of disapproval, they will send a written response which clearly state reasons for such refusal, and request the People’s Council to hold the re-election of disapproved position-holders.

Article 35. Resignation, discharge and dismissal of office holders elected by the People’s Council

1. If elected position-holders of the People’s Council fail to continue their work, they can resign from their posts on the grounds of health problems or for any other reasons. A person who resigns shall make a resignation letter and sent it to the authority or individual having the power to recommend an eligible candidate to be elected to hold that post by the People’s Council. The authority or individual having the power to recommend an eligible candidate to be elected to hold that post by the People’s Council shall be obliged to request the People’s Council to discharge the person submitting his/her resignation letter in the next session of the People’s Committee.

2. The People’s Council shall discharge and dismiss the Chairperson, Vice Chairperson of the People’s Council, the Head and the Vice Head of the Committee of the People’s Council as requested by the Standing Committee of the People’s Council.

3. The People’s Council shall discharge and dismiss the Chairperson of the People’s Committee at the same level as requested by the Chairperson of the People’s Council; discharge and dismiss the Vice Chairperson and members of the People’s Committee at the same level as requested by the Chairperson of the People’s Committee.

4. The result of the discharge/dismissal from office of the Chairperson, Vice Chairperson of the People’s Council, and the Chairperson and Vice Chairperson of the People’s Committee shall be approved by the authority/individual specified in clause 3 and clause 4 Article 34 of this Law.

Article 36. Suspension, discontinuity of duties, dismissal and expulsion of delegates of the People’s Council

1. The Standing Committee of the People’s Council shall decide to suspend a delegate from implementation of his/her duties and powers in the following cases:

a) He/she is being prosecuted;

b) During the consideration for handling a violation committed by the delegate, it is determined that the violation is subject to warning or a heavier disciplinary action in case the delegate is an official or public employee or is subject to a criminal action as per law and an inspection/audit/investigation/prosecution/trial/judgment enforcement authority has made a written request for suspension of the implementation of tasks and powers of the delegate of the People’s Council.

2. The delegate of the People’s Council shall be reinstated as a delegate with his/her duties and powers and his/her lawful interests shall also be reinstated when a competent authority decides/concludes that the delegate does not commit any violation or is not disciplined, or issues a decision to terminate the investigation or adjourn the lawsuit against the delegate or from the effective date of a Court's decision/judgment whereby the delegate has been judged innocent or exempted from criminal liability.

In case the delegate of the People’s Council is disciplined, depending on the nature and extent, he/she may submit an application for discontinuity of duties or the Standing Committee of the People’s Council shall consider deciding to reinstate the delegate as a delegate of the People’s Council with his/her duties and powers or request the People’s Council to dismiss the delegate.

3. During the period when the People's Council is in recess, the People's Council or the Standing Committee of the People’s Council shall consider approving the discontinuity of duties of a delegate of the People’s Council in the following cases:

a) The delegate of the People’s Council no longer works for an authority/organization/enterprise at an administrative division or does not reside in an administrative division from which he/she is delegate;

b) The delegate requests discontinuity of his/her duties on grounds of health problems or for other reasons.

4. The People’s Council Standing Committee’s decisions to suspend the delegate of the People’s Council from implementation of his/her duties and powers and approve the discontinuity of duties of the delegate of the People’s Council specified in clause 1 and clause 3 of this Article shall be reported to the People’s Council at the next session.

5. If delegates of the People’s Council have not met all standards applied to delegates of the People’s Council, or no longer deserve the People’s confidence, the People’s Council or the electorate will vote to dismiss them from office.

The Standing Committee of the People’s Council shall decide to call for the vote of the People’s Council for dismissal of delegates of the People’s Council from office, or follow the request of the Vietnam Fatherland Front Committee at the same level for the vote of the electorate for this dismissal.

Under the first circumstance, at least two thirds of delegates of the People’s Council vote for this dismissal.

Under the latter circumstance, the dismissal shall be carried out in conformity with the procedure stipulated by the National Assembly Standing Committee.

6. If delegates of the People’s Council have been charged by the Court judgement or decision, it is obvious that they will be expelled from the People’s Council from the date on which this decision or judgement enters into force.

7. In case delegates of the People’s Council have discontinued their duties, are discharged/dismissed or expelled from the People’s Council, it is certain that they are also discharged from office in the Standing Committee of the People's Council and committees of the People’s Council.

Section 2. ORGANIZATION AND OPERATION OF PEOPLE’S COMMITTEES

Article 37. Organizational structure of the People’s Committee

1. The People’s Committee shall be composed of the Chairperson, Vice Chairperson and members according to regulations issued by the Government.

2. A specialized authority affiliated to the provincial or district-level People's Committee is an advisory authority assisting the People's Committee in performing state management of sectors and industries in the province/district and carrying out duties and powers as devolved/authorized by the People's Committee, Chairperson of the People's Committee and a superior state authority.

3. Each official of the commune-level People's Committee shall advise and assist the commune-level People's Committee and the Chairperson of the commune-level People's Committee to perform local state management and carry out duties and powers assigned by the People's Committee and the Chairperson of the People's Committee in accordance with regulations of law.

4. The Government shall provide for limits on the number of Vice Chairpersons and members of People's Committees at all levels, specialized authorities affiliated to provincial and district-level People's Committees; procedures for requesting People’s Councils to elect, discharge and dismiss their members in integration/connection with procedures for appointment, discharge and removal of heads of specialized authorities affiliated to People's Committees from office; procedures for dispatch and removal of Chairpersons, Vice Chairpersons of People's Committees from office, delegation of powers to Chairpersons of People's Committees at local government levels.

Article 38. Operation of People’s Committee

1. The People’s Committee shall convene the meeting once a month. The People's Committee shall convene a thematic meeting or meeting to settle unexpected issues in the following cases:

a) The meeting is convened by the decision of the Chairperson of the People’s Committee;

b) The meeting is convened at the request of the Chairperson of the directly superior People’s Committee; with regard to the provincial-level People’s Committee's meeting, it is convened at the request of the Prime Minister;

c) The meeting is convened as requested by at least one third of members of the People’s Committee.

2. The following contents shall be discussed and decided by the People’s Committee:

a) Draft resolutions of the People’s Council and draft decisions of the People’s Committee in accordance with the Law on Promulgation of Legislative Documents;

b) Strategies; plannings; long-term, medium-term and annual socio-economic development plans; medium-term and annual public investment plans; five-year finance plans and three-year finance-state budget plans of provinces and central-affiliated cities; annual state budget estimates and local government budget allocation plans; local government budget balance to be reported to competent authorities as per law;

c) Monthly, quarterly, 06-month and annual socio-economic situation reports or important and unexpected issues and tasks and solutions for direction and management of implementation of socio - economic development plans;

d) Organizational structure of the People’s Committee; establishment and dissolution of specialized authorities and other administrative organizations affiliated to the People’s Committee; establishment, dissolution, merger, division, and modification of geographical borders of and change of names of administrative divisions at all levels to be reported to competent authorities as per law;

dd) Annual working programs of the People’s Committee; review of direction and management by the People’s Committee, the Chairperson of the People’s Committee and compliance with working regulations by the People’s Committee;

e) Issues to be discussed and decided by the People’s Committee as per law;

g) Other issues according to working regulations of the People’s Committee.

3. The People’s Committee's decisions shall obtain more than half of its members voting in favor. In case the vote is equal, the Chairperson of the People’s Committee shall have the deciding vote. The voting may be done at the meeting of the People’s Committee or by opinion ballots from members of the People’s Committee.

4. The People’s Committee may authorize the Chairperson of the People’s Committee to act on behalf of the People’s Committee to consider deciding urgent issues to be promptly settled within the power of the People’s Committee or issues agreed by the People’s Committee on guidelines and principles, except for the contents specified in clause 2 of this Article. The Chairperson of the People’s Committee shall report or assign the Vice Chairperson of the People’s Committee to act on behalf of the Chairperson of the People’s Committee to report issues that have been decided at the next meeting.

5. The Vice Chairperson of the People’s Committee shall perform duties of the Chairperson of the People’s Committee in sectors and areas under his/her management and within his/her powers assigned by the Chairperson of the People’s Committee and take sole responsibility to the Chairperson and the law for his/her decisions in sectors and areas under his/her management and within his/her powers.

When the Chairperson of the People’s Committee is absent, 01 Vice Chairperson shall be assigned by the Chairperson of the People’s Committee to act on behalf of the Chairperson to lead tasks of the People’s Committee.

6. Members of the People’s Committee shall perform specific tasks in sectors and industries as assigned by the People’s Committee, the Chairperson of the People’s Committee; participate in accomplishment in collective tasks of the People’s Committee; cooperate with other members of People’s Committee to make decisions and be jointly responsible for issues within the powers of the People’s Committee.

Article 39. Dispatch and removal of Chairperson and Vice Chairperson of the People’s Committee from office

1. The Prime Minister shall decide to dispatch the Chairperson and Vice Chairperson of the provincial-level People’s Committee; the Chairperson of the provincial or district-level People’s Committee shall decide to dispatch the Chairperson and Vice Chairperson of the directly inferior People’s Committee.

2. The Prime Minister shall decide to remove the Chairperson and Vice Chairperson of the provincial-level People’s Committee from office; the Chairperson of the provincial or district-level People’s Committee shall decide to remove the Chairperson and Vice Chairperson of the directly inferior People’s Committee from office when these incumbents commit violations against laws or fail to comply with their delegated duties and powers.

3. Dispatched or removed Chairpersons and Vice Chairpersons of People’s Committees are forced to terminate implementation of their duties from the effective date of dispatch or removal decisions.

Article 40. Delegation of powers of the Chairperson of the People's Committee

If there is a vacancy for the Chairperson of the People's Committee, the Standing Committee of the provincial-level People’s Council shall request the Prime Minister to decide to delegate powers of the Chairperson of the People's Committee at the same level; the Standing Committee of the district-level People’s Council shall request the Chairperson of the provincial-level People's Committee to delegate powers of the Chairperson of the People's Committee at the same level; the Standing Committee of the commune-level People’s Council shall request the Chairperson of the district-level People's Committee to delegate powers of the Chairperson of the People's Committee at the same level. The acting Chairperson shall stop performing the Chairperson's duties after a Chairperson is officially elected by the People’s Council.

Chapter VI

ORGANIZATION OF LOCAL GOVERNMENTS IN CASE OF MODIFICATION OF GEOGRAPHICAL BORDERS OF ADMINISTRATIVE DIVISIONS AND OTHER SPECIAL CASES

Article 41. Organization of local governments in case of merger of same-level administrative divisions

1. In case various administrative divisions are merged into a new one at the same level, delegates of the People’s Council of the previous administrative divisions shall jointly become those of the People’s Council of the new one and continue their tenure, except for the case where local governments are not organized at the new administrative division.

2. The first session held by the People's Council of the new administrative division as stipulated in clause 1 of this Article shall be convened and chaired by the meeting-convening person designated by the Standing Committee of the People’s Council at the directly superior level out of delegates of the People’s Council of the new administrative division, or designated by the National Assembly Standing Committee with regard to the meeting held by the People's Council at the provincial level until the People’s Council manages to elect the Chairperson of the People’s Council of the new administrative division.

3. The People’s Council of the new administrative division as stipulated in clause 1 of this Article shall elect persons as incumbents for the People’s Council and the People’s Committee in accordance with applicable regulations, Article 34 hereof. These incumbents shall hold their tenure until the new-term People’s Council has been elected.

Article 42. Organization of local governments in case of division of same-level administrative divisions into different ones

1. In case an administrative division is divided into various administrative divisions at the same level, delegates of the People’s Council that have been elected or are performing duties of delegates within new administrative divisions shall together become delegates of these new ones and continue their tenure.

2. In case the number of delegates of the People’s Council of the new administrative division is greater than or equals two thirds of total delegates elected in accordance with this Law, the new People's Council shall elect incumbents to the People’s Council and the People’s Committee in accordance with applicable regulations laid down in Article 34 hereof. They shall hold their tenure until the new-term People’s Council has been elected.

3. In case the number of delegates of the People’s Council of the new administrative division is not equal to two thirds of total delegates elected in accordance with this Law, and the remaining period of its tenure is more than 18 months, delegates of the People’s Council shall be additionally elected in accordance with the law on election. The People’s Council to which additional delegates are elected shall elect delegates to hold their tenure in the People’s Council and the People’s Committee in accordance with regulations laid down in Article 34 hereof. They shall hold their tenure until the new-term People’s Council has been elected.

4. The first session held by the People's Council of the new administrative division as stipulated in clause 2 and clause 3 of this Article shall be convened and chaired by the meeting-convening person designated by the Standing Committee of the People’s Council at the directly superior level out of delegates of the People’s Council of the new administrative division, or designated by the National Assembly Standing Committee with regard to the meeting held by the People's Council at the provincial level until the People’s Council manages to elect the Chairperson of the People’s Council of the new administrative division.

5. In the event that the number of delegates of the People’s Council of the new administrative division is not equal to two thirds of total delegates of the People’s Council elected in accordance with this Law, and the remaining period of the tenure is less than or equal to 18 months, the Standing Committee of the People’s Council at the directly superior level shall appoint the Acting Chairperson of the People’s Council, but as for the provincial-level administrative division, the National Assembly Standing Committee shall appoint the Acting Chairperson of the People’s Council, as requested by the Standing Committee of the People’s Council of the pre-divided administrative division in order to implement duties and powers stipulated in clause 3 Article 46 hereof.

The Chairperson of the People’s Committee at the directly superior level shall appoint the Acting Chairperson of the People’s Committee or the provisional People's Committee, but as for the administrative division at the provincial level, the Prime Minister shall appoint the Acting Chairperson of the People's Committee or the provisional People's Committee in order to implement duties and powers of the Chairperson of the People's Committee or the People's Committee in accordance with regulations laid down in this Law until the new-term People’s Committee has been elected.

Article 43. Organization of local governments in case of establishment of a new administrative division on the basis of maintaining the status quo of the existing administrative division

In case of establishment of a new administrative division on the basis of maintaining the status quo of the administrative division of which delegates of the People’s Council, the Standing Committee of the People’s Council, the People's Committee, Committees of the People’s Council and Delegate Coalitions of the People's Council are available, they shall be converted into those of the new administrative division.

The first term of People’s Council after the establishment of the new administrative division shall be term 1 from the time of establishment.

Article 44. Organization of local governments in case of establishment of a new administrative division on the basis of modification of part of territory and residential areas of other administrative divisions

1. In case of establishment of a new administrative division on the basis of modification of part of territory and residential areas of same-level administrative divisions, delegates of the People’s Council at that level who are residing or working in that territory shall jointly become those of the People’s Council of the new one and continue their tenure.

2. Organization and operation of the local government of the newly-established administrative division shall adhere to regulations laid down in Article 142 hereof.

3. The People’s Council and the People’s Committee of the administrative division of which its geographical border is partially adjusted to establish a new one shall continue its operations until the end of tenure; the election of additional delegates shall be carried out in accordance with legal regulations on election.

Article 45. Operations of the People’s Council’s delegates in case of relocation of residential collective

1. In case part of the territory and residential areas of this administrative division is adjusted to become another exact administrative division, delegates of the People’s Council that are residing or working in that territory shall be considered as delegates of the People’s Council at the equivalent level of the administrative division that receives the territory and residential areas and continue their operations till the end of their tenure.

2. In case a residential collective is relocated, its delegates of the People’s Council will be delegate of the People’s Council at the equivalent level of the administrative division to which the residential collective relocates and such delegates shall continue their tenure.

3. The People’s Council and the People’s Committee at the administrative division that receives part of the territory and residential areas or the residential collective shall continue their operations till the end of their tenure.

Article 46. Operations of the People’s Council in case of the deficiency in two thirds of total delegates of the People’s Council

1. In case there is a deficiency in two thirds of delegates of the People’s Council elected in accordance with this Law, and the remaining period of their tenure is more than 18 months, delegates of the People’s Council shall be additionally elected in accordance with the law on election.

2. In case there is a deficiency in two thirds of delegates of the People’s Council elected in accordance with this Law, and the remaining period of their tenure is less than or equal to 18 months, the People’s Council shall discuss and decide the plan for socio-economic development and local government budget, election, discharge and dismissal of incumbents elected by the People’s Council from office, establishment, re-organization and dissolution of committees of the People’s Council, specialized authorities affiliated to the People's Committee at the same level, and urgent tasks within duties and powers of the People’s Council as per law.

Upon decision on tasks specified in this clause, more than two thirds of the remaining delegates of the People’s Council vote in favor of them.

In case the Chairperson of the People's Council is left vacant, the Standing Committee of the People’s Council at the directly superior level shall appoint the Acting Chairperson of the People's Council; as for the provincial-level administrative division, the National Assembly Standing Committee shall appoint the Acting Chairperson of the People’s Council.

3. The Chairperson of the People’s Council or the Acting Chairperson of the People’s Council mentioned in the case stipulated in clause 2 of this Article shall carry out the following duties and powers:

a) Cooperate with the People’s Committee in making preparations for the meeting of members of the People’s Council; convene and preside at the meeting of members of the People’s Council to discuss and make a resolution of the People’s Council on the plan for socio-economic development and local government budget;

b) Aggregate questions posed by delegates of the People’s Council, opinions or recommendations obtained from the electorate to report to the meeting of members of the People’s Council.

c) Keep contact with, expedite and facilitate operations of the People’s Council’s delegates;

d) Convene and preside at the first session of the new-term People's Council until the People’s Council has elected the Chairperson of the People’s Council;

dd) Carry out other duties and powers of the Standing Committee of the People’s Council in accordance with laws.

Article 47. Dissolution of the People’s Council

1. The People’s Council causing serious harm to the People's interests shall be dissolved.

2. Power to dissolve the People’s Council shall be stipulated as follows:

a) The National Assembly Standing Committee shall have power to dissolve the provincial-level People’s Council;

b) The provincial-level People’s Council shall dissolve the district-level People’s Council;

c) The district-level People’s Council shall dissolve the commune-level People’s Council;

3. The district-level People’s Council making resolution on dissolution of the communal-level People’s Council shall be responsible to the provincial People’s Council for approval; the provincial People’s Council making resolution on dissolution of the district-level People’s Council shall be responsible to the National Assembly Standing Committee for approval.

4. The provincial-level People’s Council that is dissolved shall terminate its operations as from the effective date of the resolution on dissolution of the provincial-level People’s Council issued by the National Assembly Standing Committee.

The district-level or communal-level People’s Council that is dissolved shall terminate its operations as from the date on which the resolution on dissolution of the People’s Council is passed by a competent state authority.

5. In case the People’s Council is dissolved, the Chairperson of the People’s Committee at the directly superior level shall appoint the Acting Chairperson of the People’s Committee or the provisional People's Committee, but as for the administrative division at the provincial level, the Prime Minister shall appoint the Acting Chairperson of the People's Committee or the provisional People's Committee in order to implement duties and powers of the Chairperson of the People's Committee or the People's Committee in accordance with regulations laid down in this Law until the new-term People’s Council and People’s Committee have been elected.

6. The National Assembly Standing Committee shall decide and announce the polling date to elect delegates of the People’s Council in case of dissolution of the provincial People’s Council; the Standing Committee of the provincial People’s Council shall decide and announce the polling date to elect delegates of the People’s Council in case of dissolution of the district-level or communal-level People’s Council. Election of delegates of the People’s Council shall be held in accordance with legal regulations on election. The newly-elected People’s Council shall carry out their duties till the end of the tenure of the dissolved People’s Council.

Chapter VII

IMPLEMENTATION CLAUSES

Article 48. Amendments to Law on Sea of Vietnam

Clause 3 shall be added after clause 2 Article 7 of the Law on Sea of Vietnam No. 18/2012/QH13 as follows:

“3. The Government shall exactly and clearly divide and determine borders of provincial-level, district-level and commune-level administrative divisions at sea in coastal areas; allocate islands under Vietnam's sovereignty to coastal provinces and central-affiliated cities for management; establish geographical borders of administrative divisions of accreted land and reclaimed land.”.

Article 49. Effect

1. This Law comes into force from March 01, 2025, except for regulations in clause 3 Article 50 of this Law.

2. The organization of urban governments in Ho Chi Minh city, Da Nang city and Hai Phong city shall continue to comply with the Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly, the Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly, the Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly and the Resolution No. 169/2024/QH15 dated November 30, 2024 of the National Assembly.

People’s Committees of urban districts at administrative divisions where local governments are not organized in Ho Chi Minh city, Da Nang city and Hai Phong city shall perform additional duties and powers specified in point i clause 1 Article 18 of this Law.

3. The organization of urban governments in Hanoi city shall comply with regulations of the Law on the Capital.

Clause 5 Article 14 of the Law on Capital No. 39/2024/QH15 amended by the Law No. 47/2024/QH15, the Law No. 55/2024/QH15, the Law No. 57/2024/QH15 and the Law No. 58/2024/QH15 shall be annulled. Contents related to responsibility regulations and fulfillment of conditions for execution and use of documents and seals upon devolution of powers and authorization shall comply with this Law.

4. The Law on Organization of Local Government No. 77/2015/QH13 amended by the Law No. 21/2017/QH14, the Law No. 47/2019/QH14, the Law No. 31/2024/QH15, the Law No. 34/2024/QH15, the Law No. 43/2024/QH15, the Law No. 47/2024/QH15 and the Law No. 58/2024/QH15 shall cease to be effective from the effective date of this Law, except for regulations in clause 3 Article 50 of this Law.

Article 50. Transition clauses

1. Within 02 years from the effective date of this Law, legislative documents containing regulations on duties and powers of local governments at all levels shall be amended to make sure that they are consistent with the principles specified in Articles 11, 12, 13 and 14 and duties and powers of local governments at all levels specified in this Law.

From the effective date of this Law, in order to promptly promote delegation and devolution of powers to local governments in some urgent cases, the Government is assigned to promulgate legislative documents within its power to adjust some duties and powers of local governments and amend other regulations related to performance of duties and powers of local governments for uniform application in case when laws, ordinances and resolutions of the National Assembly and the National Assembly Standing Committee have not yet been amended, and send periodic reports to National Assembly Standing Committee; in case of relevance to laws and resolutions of the National Assembly, reports shall be sent to the National Assembly in the next session.

2. If competent authorities have not yet promulgated legislative documents to adjust duties and powers of local governments in sectors and industries in accordance with regulations of this Law, regulations of applicable laws related to responsibilities for performance of duties and powers of local governments shall continue to prevail until competent authorities promulgate amending and replacing documents.

3. For the tenure 2021 - 2026, the People’s Committee shall be organized with the structure and composition specified in the Law on Organization of Local Government No. 77/2015/QH13 amended by the Law No. 21/2017/QH14, the Law No. 47/2019/QH14, the Law No. 31/2024/QH15, the Law No. 34/2024/QH15, the Law No. 43/2024/QH15, the Law No. 47/2024/QH15 and the Law No. 58/2024/QH15 until the Government issues regulations according to clause 1 Article 37 of this Law.

This Law was passed by the 15^th National Assembly of the Socialist Republic of Vietnam, 9^th ad hoc session, on February 19, 2025.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man

Bài viết liên quan