Chương I Luật Tổ chức Hội đồng nhân dân và Uỷ ban nhân dân 1994: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- The People's Council is the organ of power in the locality, representing the will, the aspiration and the right to mastery of the local people. It is elected by the local people and is answerable to the local people and State organs of higher levels.

The People's Council shall discharge the duties and powers vested in it by the Constitution and the laws, ensure the unified leadership of the central organs and, at the same time, promote the initiatives and creativeness of the locality.

Article 2.- The People's Committee, which is elected by the People's Council, is the executive office of the People's Council, the State administrative organ in the locality. It is responsible for the implementation of the Constitution, the laws, the written decisions of the State organs of higher levels and the resolutions of the People's Council of the same level.

Article 3.- The People's Council and the People's Committee are organized and operate on the principle of democratic centralism.

Within their duties and powers, the People's Council and the People's Committee shall manage the local affairs in accordance with the Constitution, the laws and the written decisions of the State organs of higher levels, promote the right to mastery of the people, strengthen the socialist legislation, prevent and fight against bureaucratism, irresponsibility, arrogance, authoritarianism, corruption, wastefulness and other negative manifestations at the offices, among State employees and within the local administrative apparatus.

Article 4.- The People's Council and the People's Committee are established at the following administrative units:

- Provinces and cities directly under the Central Government (hereinafter referred to as provincial level);

- Rural and urban districts, provincial towns and provincial cities (hereinafter referred to as districts level);

- Communes, urban wards and district townships (hereinafter referred to as commune level).

The number of members of the People's Council and the electoral procedure to the People's Council at all levels are provided for by the Law on Election to the People's Council.

Article 5.- The People's Councils at provincial and district levels each have a Standing Committee and specialized committees.

The People's Council at commune level has a Chairman and a Vice Chairman.

Article 6.- The tenure of the People's Council at all levels is five years.

The tenure of the Standing Committee of the People's Council, of the People's Committee at provincial and district levels, and of the Chairman and Vice Chairman of the People's Council and the President and Vice President of the People's Committee at commune level, shall correspond to the tenure of the People's Council of their levels. When the tenure of a People's Council expires, the Standing Committee of that People's Council and the President and Vice President of the People's Committee at commune level shall continue to function until the new People's Council elects a new Standing Committee, a new People's Committee at provincial and district levels, new Chairman and Vice Chairman of the People's Council and the new President and Vice President of People's Committee at commune level.

Article 7.- The People's Council and the People's Committee discharge their duties and powers in accordance with the provisions of Chapter IX of the 1992 Constitution and of this Law.

The concrete duties and powers of the People's Council and the People's Committee at each level are proposed by the Government and approved by the Standing Committee of the National Assembly.

Article 8.- The People's Council is subject to the supervision and operational guidance of the Standing Committee of the National Assembly and the guidance and inspection of the Government in its execution of the written decisions of State organs of the higher levels as prescribed by the Standing Committee of the National Assembly.

Article 9.- The efficiency of the activities of the People's Council of the provincial and district levels is guaranteed by the efficiency of its meetings and of the activities of its Standing Committee, its People's Committee, its specialized committees and its members.

The efficiency of the activities of the People's Council at commune level is guaranteed by the efficiency of its meetings and of its Chairman, Vice Chairman, its People's Committee and its members.

Article 10.- In their activities, the People's Council at provincial and district levels, its Standing Committee, its People's Committee and its specialized committees, and the People?s Council at commune level and its Chairman, Vice Chairman, its People's Committee and the People's Committee members, shall closely cooperate with the Vietnam Fatherland Front, its member organizations, and the other social organizations, to attend to and protect the interests of the people, and to stimulate them to take part in State management and the discharge of obligations to the State.