Chương III Luật Tổ chức Hội đồng nhân dân và Uỷ ban nhân dân 1994: Uỷ ban Nhân Dân

Chapter III

THE PEOPLE'S COMMITTEE

Section I: THE DUTIES AND POWERS OF THE PEOPLE'S COMMITTEE

Article 41.- The People's Committee shall organize and direct the execution of the Constitution, laws and written decisions of the State organs of the higher levels and the resolutions of the People's Council of the same level.

The People's Committee of a higher level shall direct the activities of the People's Committee of its immediate lower level.

Within the scope of its duties and powers as provided for by law, the People's Committee shall make decisions and instructions, organize and monitor the implementation of these documents.

Article 42.- The People's Committee of the provincial and district levels shall cooperate with the Standing Committee and specialized committees of the People's Council of the same level to prepare the contents for the sessions of the People's Council, and design projects for the People's Council to consider and decide.

The People's Committee of the commune level shall cooperate with the Chairman of the People's Council to prepare the contents for the sessions of the People's Council.

Article 43.- The duties and powers of the People's Committee in State management:

1. To exercise State management in the locality in the fields of agriculture, forestry, fishery, industry, small industry and handicraft, trade, service, culture, education, health care, science, technology and environment, sports and physical exercises, press, radio and television, and in other social areas; to exert State management on land and other natural resources, and on the application of the standards in measurement and quality of commodity goods;

2. To popularize and educate in the law and monitor the observance of the Constitution, laws and written decisions of the State organs of the higher levels and the resolutions of the People's Council of the same level at State organs, social and economic organizations, units of the People's Armed Forces and the citizenry in the locality;

3. To ensure political security, social order and safety; to carry out the duty of building the armed forces and the all-people's defense; to practice the regime of military service and the provision of on-the-spot logistics, effect military draft and implement home-front policies for the army and the policies for the local people's armed forces; to exert administrative management on households and individuals in the locality; and to manage the residence and travels of foreigners in the locality;

4. To organize the prevention and fight against natural calamities, protect properties of the State and social and economic organizations, protect the life, democratic freedoms, honor, dignity, property and the other legitimate rights and interests of the citizenry; to fight against corruption, illicit trade, production of counterfeit and the other social evils;

5. To manage the organizational work, the payroll and wage regime, the training of State employees and commune-level personnel, and social insurance in accordance with the assignment from the Government;

6. To organize and direct the execution of legal sentences in the locality in accordance with the provision of law;

7. To organize and implement activities in budget revenues and expenditures in the locality in accordance with the provision of law; to cooperate with the concerned offices and agencies to ensure the right, full and timely collection of taxes and other revenues in the locality.

Article 44.- The People's Committee shall carry out the management of the administrative geographical area, design plans for the demarcation and adjustment of the administrative area in the locality for approval by the People's Council of the same level and consideration by the higher level.

Article 45.- The People's Committee is answerable to People's Council of the same level and the People's Committee of the higher levels and report to them about its work.

The People's Committee of the provincial level is answerable to the People's Council of the same level and the Government and report to them about its work.

Section II. THE ORGANIZATION AND ACTIVITIES OF THE PEOPLE'S COMMITTEE

Article 46.- The People's Committee shall be elected by the People's Council of the same level. It comprises a President, Vice Presidents and members. The President of the People's Committee is a member of the People's Council. The other members of the People's Committee are not necessarily members of the People's Council.

The results of the election of the members of the People's Committee must be approved by the President of the People's Committee of the immediate higher level; the results of the election of the members of the People's Committee at provincial level must be approved by the Prime Minister.

Article 47.- The number of the members of the People's Committee at each level is provided as follows:

1. The People's Committee at provincial level shall have from nine to eleven members; the People's Committees of Hanoi and Ho Chi Minh City shall have no more than thirteen members;

2. The People's Committee at district level shall have from seven to nine members;

3. The People's Committee at commune level shall have from five to seven members.

The number of Vice Presidents of the People's Committee at each level shall be provided for by the Government.

Article 48.- The People's Committee shall meet at least once a month.

A decision of the People's Committee shall be approved by at least more than half of the total number of its members.

Article 49.- The People?s Committee shall discuss collectively and decide by majority the following maters:

1. The agenda of the People's Committee;

2. The plans for socio-economic development and the drafting and account statement of the annual budget and reserve fund of the locality to be submitted to the People's Council;

3. The measures for implementing the resolutions of the People's Council on socio-economic issues, and the report of the People's Committee to the People's Council;

4. The plans for establishing, merging and dissolving specialized agencies under the People's Committee and for the delineation and adjustment of the geographical areas of the administrative units in the locality.

Article 50.- The President of the Vietnam Fatherland Front organization and the heads of the other people's organizations in the locality shall be invited to the sessions of the People's Committee of their level when discussions touch upon matters relevant to them.

The People's Committee shall create favorable conditions for the Vietnam Fatherland Front and other people's organizations to organize and encourage the people to take part in the building and strengthening of the people's power, organize and take part in the implementation of the State policies and laws, and monitor the work of the State organs, elected representatives and State employees.

The People's Committee shall report on all aspects of the local situation to the Vietnam Fatherland Front organization and the other people's organizations.

The People's Committee and its members are responsible for solving and answering the recommendations of the Vietnam Fatherland Front organization and the other people's organizations.

Article 51.- The President of the People's Committee is the leader and director of all affairs of the People's Committee, personally responsible for the exercise of his/her duties and powers as provided for in Article 52 of this Law and, together with the membership of the People's Committee, is answerable to the People's Council of the same level and the State organ of the higher levels for the work of the People's Committee.

The President of the People's Committee shall assign work to the Vice Presidents and the other members of the People's Committee; the assignees are answerable to the President of the People's Committee.

Each member of the People' Committee shall take personal responsibility for his/her assigned work before the People's Council, the People's Committee of the same level and, together with the other members, take collective responsibility for the work of their People's Committee before the People's Council of their level and the State organs of the higher level.

Article 52.- The President of the People's Committee has the following duties and powers:

1. To lead the work of the People's Committee, its members and its specialized agencies;

a/ To supervise and monitor the work of the specialized agencies under the People's Committee of his/her level and the lower levels in implementing the Constitution, laws and written decisions of the State organs of the higher levels, the resolutions of the People's Council and the decisions of the People's Committee of the same level;

b/ To take decisions on matters within the duties and powers of the People's Committee of his/her level, except for matters provided for in Article 49 of this Law;

c/ To take measures to renovate the working style; manage and conduct the efficient activities of the administrative apparatus; prevent and resolutely fight against bureaucratism, irresponsibility, arrogance, authoritarianism, corruption, wastefulness and other negative manifestations in State and local organs and among their employees;

d/ To receive people; consider and settle petitions, complaints and denunciations from the people in accordance with the provision of law.

2. To convene and chair meetings of the People's Committee.

3. To ratify the results of election of the members of the People's Committee at the immediate lower level; relieve or dismiss from duty the President and Vice Presidents of the People's Committee of the immediate lower level; approve the relief or dismissal from duty of the other members of the People's Committee of the immediate lower level; appoint, relieve, transfer, relegate, reward and discipline State employees within his/her delegated power.

4. To suspend or rescind erroneous documents issued by specialized agencies under the People's Committee of his/her level or of the People's Committee of the lower level or their Presidents.

5. To suspend the execution of erroneous resolutions adopted by the People's Council of the lower levels and propose the People's Council of his/her level to revoke them.

Section III. SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEE

Article 53.- The specialized agencies under the People's Committee shall assist the People's Committee of the same level to perform its functions of State management in the locality and ensure the unified management of a branch or a field of work from the center to the grassroots.

Article 54.- The specialized agencies under the People's Committee are subject to the direction and management of the People's Committee of their level in matters of organization, personnel and work. At the same time, in their professional matters, they are subject to the direction of the professional agency of the high level. The heads of the specialized agencies under the People's Committee shall take responsibility for and report about their work to the People's Committee and the higher professional agency and, when necessary, to the People's Council.

Article 55.- The Government shall provide for the organization and activities of the specialized agencies under the People's Committee.