Chương II Luật Tổ chức chính quyền địa phương 2015: Chính quyền địa phương ở nông thôn

Chapter II

RURAL LOCAL GOVERNMENT

Section 1: DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE PROVINCE

Article 16. Local government of the province

Local government of the province is the level of local government composed of the People's Council and the People’s Committee at the provincial level.

Article 17. Duties, powers of the local government of the province

1. Arrange and ensure the enforcement of the Constitution and legislation throughout a province.

2. Make a decision on issues in a province within their decentralized or delegated powers as stipulated by this Law and other law regulations.

3. Carry out duties and powers delegated by central State administrative agencies.

4. Examine and supervise organization and operation of local governments at administrative units within a province.

5. Assume responsibility to superior-level state organs for the result of implementation of duties and powers of the local government at the provincial level.

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

7. Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security maintenance throughout a province.

Article 18. Organizational structure of the province-level People’s Council

1. The province-level People’s Council shall be composed of delegates elected by voters residing in a province.

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

a) Mountainous and elevated provinces populated by less than five hundred thousand of inhabitants shall be allowed to elect 50 delegates; as for those populated by more than five hundred thousand of inhabitants, one delegate will be additionally elected for an increase by thirty thousand of inhabitants but the total number of delegates to be elected is restricted to eighty five delegates;

b) Provinces not mentioned in Point a of this Clause and populated by less than one million of inhabitants shall be allowed to elect fifty delegates; as for those populated by more than one million of inhabitants, one delegate will be additionally elected for an increase by fifty thousand of inhabitants but the total number of delegates to be elected is restricted to ninety five delegates.

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

3. The province-level People’s Council shall establish the Committee on Legislation, Economy – Budget, Culture – Society; as for ethnic minority provinces, the Committee on Ethnic Minority shall be established. The National Assembly Standing Committee shall regulate criteria and conditions for establishment of the Committee on Ethnic Minority stipulated in this Clause.

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

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

Article 19. Duties and powers of the provincial-level People’s Council

1. During the process of organizing and ensuring the implementation of the Constitution and legislation, the province-level People's Council shall perform its duties and exercise its powers as follows:

a) Promulgate the resolution on issues that fall within duties and powers of the province-level People’s Council;

b) Decide on measures to maintain social order and safety, and prevent and combat crimes and other law violations, and prevent and struggle against bureaucracy or corruption under its delegated authority; measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of civilians residing in the province;

c) Decide measures to perform duties and exercise powers decentralized by superior-level state organs; decide to decentralize duties and powers of province-level governments to district-level and commune-level local governments and inferior-level government agencies;

d) Abolish part or all of law-breaking documents issued by the province-level People’s Committee and the President of the province-level People’s Committee; abolish part or all of law-breaking documents issued by the district-level People’s Council;

dd) 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; approve resolutions of the district-level People’s Council on dissolution of the commune-level People’s Council.

2. In the course of the government construction, the province-level People’s Council shall implement the following duties and powers:

a) Elect, discharge and dismiss the Chairperson of the People's Council, Vice Chairperson of the People's Council, Head, Vice Head of the Committee of the province-level People's Council, and Chief of the Office of the province-level People's Council, from office; elect, discharge and dismiss the President of the People’s Committee, Vice President of the People’s Committee, and members of the province-level People’s Committee, from office; elect, discharge and dismiss jurors of the province-level People’s Court from office;

b) Hold a vote on and cast its vote for confidence in present incumbents elected by the province-level People’s Council in accordance with regulations laid down in Article 88 and Article 89 enshrined in this Law;

c) Dismiss delegates of the province-level People’s Council from office and accept the resignation of delegates of the province-level People’s Council from office;

d) Issue a decision to establish or dissolve professional divisions of the province-level People's Committee;

dd) Grant a decision on the structure of civil servants working for divisions of the People's Council, the People's Committee and public administrative units of the all-level People's Committee within the province according to the permitted number of personnel approved by the Government; the number and level of allowances paid to part-time position holders working at communes, villages, residential quarters, and approve the total number of employees working for public administrative units that fall within the remit of province-level authorities in accordance with the Government’s regulations;

e) Make a decision to establish, dissolve, merge and split villages and residential quarters; choose or change names of villages, residential quarters, streets, alleys, squares and public structures at local areas in accordance with legal regulations.

3. In the economic, natural resource and environment sectors, the province-level People’s Council shall implement the following duties and powers:

a) Decide the long-term, midterm and annual socio-economic development plan in the province; decide the planning and proposal for development of industries and sectors in the province within their delegated powers;

b) Decide the plan of government revenues in the province; decide the plan of local government revenues and expenditures, and budget distribution according to the budget plan applied at their administrative level; adjust the plan of local government budget when necessary; approve the local government budget balance. Decide the investment plan, program or project in the province in accordance with legal regulations.

c) Decide issues relating to fee and charge in accordance with laws; the People’s contributions; application for domestic loan capital through issuance of local government bonds, municipal bonds, construction bonds and other forms of capital mobilization in accordance with legal regulations;

d) Decide specific plan and measures to encourage and mobilize economic sectors to get involved in providing public services throughout the provincial territory in accordance with legal regulations;

dd) Decide other measures to facilitate the socio-economic growth throughout the province in accordance with legal regulations;

e) Decide the construction and urban planning within their delegated powers in accordance with laws; the regional economic link between local governments at different levels which is appropriate for the current conditions and characteristics of provinces and ensures the consistency of the national economy;

g) Decide the planning for development of industrial, agricultural, forestry and fishery extension service organizations, and commercial, service, tourism and traffic network throughout the province in accordance with legal regulations;

h) Approve the planning and proposal for land use in the province before requesting the Government to grant its approval; decide measures to manage, use land, water and mineral resources, and source of income gained from sea, air and other natural resources as well as protect environment within their delegated powers.

4. In the field of education, training, science, technology, culture, information, sports and physical activities, the province-level People’s Council shall implement the following duties and powers:

a) Decide measures to develop the network of educational facilities and conditions to ensure educational and training operations within their delegated powers; decide educational and training service price to be applied at public educational and training establishments that fall within the remit of provincial authorities in accordance with laws;

b) Decide measures to encourage scientific research development, promote creative ideas, technical improvements and apply scientific or technological advances throughout the province;

c) Decide measures to enhance the development of culture, information, physical activities and sports; measures to protect and uphold the values of local cultural heritages; measures to assure activities pertaining to culture, information, advertising, press, publication, physical exercise and sports in the province within their delegated powers.

5. In the field of healthcare, labor and implementation of social policies, the province-level People’s Council shall implement the following duties and powers:

a) Decide measures to develop the network of healthcare establishments at provinces, districts and communes;

b) Decide the healthcare service price to be applied at state-owned healthcare establishments that fall within the remit of province-level authorities in accordance with laws;

c) Decide measures to protect, take care of the People's health; protect and look after mothers, children, the elderly, the disabled, the poor and homeless orphans and the underprivileged. Decide measures to prevent and control diseases and epidemics; measures to implement policies on the population and family planning in the province;

d) Decide measures to manage, use and develop human resources in the province; measures to generate employments, raise productivity, increase income and improve work conditions and assure the occupational safety and hygiene;

dd) Decide incentive policies for civil servants, public employees and laborers to work in the provinces which must be relevant to local government budget capacity and regulations laid down by superior-level state organs;

e) Decide measures to implement preferential policies for persons who performed meritorious services during the revolution; measures to implement social security and welfare policies, and measures to eradicate hunger and reduce poverty.

6. With respect to ethnic minority and religion affairs, the province-level People’s Council shall implement the following duties and powers:

a) Decide measures to implement ethnic minority policies, improve material and spiritual life, and raise intellectual standards of ethnic minorities, and ensure the racial equality and promote solidarity among people as well as support or mutual assistance amongst ethnic groups in the province;

b) Decide measures to implement religion policies within their delegated powers; measures to ensure the religious equality, belief and religious freedom within the province.

7. In the field of national defense, security, social order and safety assurance, the province-level People’s Council shall implement the following duties and powers:

a) Decide measures to assure performance of national defense and security duties in accordance with laws; uphold the political security, combat, prevent and control corruption, crimes and other violations against laws, and assure social order and safety in the province;

b) Decide plans and measures to develop local potential to build solid all-people national defence and people's security, and build a firm stronghold to meet all requirements during the peace and war time;

c) Decide plans and measures to build self-defense forces, militia, reserve forces, locally-governed communal police; decide plans and measures to connect economy with national defense and security, and shift local socio-economic activities from peacetime to wartime;

d) Decide measures to maintain the public order and traffic safety in the provincial territory.

8. The province-level People’s Council shall perform its duties and exercise its powers to supervise the compliance with the Constitution and legislation in the province, the implementation of its resolutions; supervise operations of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy at the same level, Committees of the same-level People’s Council; supervise legislative documents provided by the People’s Committee and other instruments issued by the district-level People’s Council.

9. The province-level People's Council shall perform other duties and exercise other powers in accordance with laws.

Article 20. Organizational structure of the provincial-level People’s Committee

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

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

The province-level People’s Committee’s members shall be composed of members who are heads of its professional divisions, those in charge of military affairs and those in charge of public security affairs.

2. Article 9. Professional affiliates of the province-level People’s Committee shall comprise departments and department-level agencies.

Article 21. Duties and powers of the provincial-level People’s Committee

1. Formulate and submit contents stipulated in Point a, b and c Clause 1, and Point d, dd and e Clause 2, and Clause 3, 4, 5, 6 and 7 Article 19 enshrined in this Law to the province-level People’s Council, and organize the implementation of resolutions issued by the province-level People’s Council.

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

3. Execute the provincial budget, perform duties to socio-economic, industrial, construction, commerce, service, tourism, agriculture, forestry, fishery, traffic and irrigation system development; take measures to manage and use lands, forests, mountains, lakes, rivers, water and mineral resources, and sources of income gained from sea, air and other natural resources; take measures to prevent, control natural disasters, protect environment in the province within its delegated powers.

4. Develop and organize the implementation of provincial programs, projects and proposals for ethnic minority regions or areas faced with extremely difficult socio-economic conditions.

5. Implement measures to build the all-people national defence disposition in connection with the people’s security posture in the province; provide guidelines to execute the plan to build a firm stronghold in the province; organize classes or courses to train in national defence and security and military activities in the province; formulate and execute the fighting tactics of local soldiers, self-defence forces; build military reserve forces and mobilize forces to secure task fulfillment in accordance with laws; launch the movement of all-people national security protection in the province.

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

7. Carry out duties and powers decentralized and delegated by centrally-governed state organs.

8. Decentralize and delegate duties and powers of the provincial People’s Committee to the inferior-level People’s Committee and other agencies or organizations.

Article 22. Duties and powers of the President of the provincial People’s Committee

The President of the provincial People’s Committee is the Head of the provincial People’s Committee and has the following duties and powers:

1. Lead and direct tasks of the provincial People’s Committee and members of the provincial People’s Committee; take on the leadership over and direct professional divisions of the provincial People’s Committee;

2. Approve the result of election, discharge and dismissal from office of the President of the People’s Committee, the Vice President of the district-level People’s Committee; dispatch, suspend or dismiss the President of the People's Committee, and the Vice President of the district-level People's Committee, from office; Delegate powers to the President of the district-level People’s Committee in the event that there is a vacancy for the President of the district-level People's Committee in between two sessions of the district-level People's Council; request the district-level People’s Committee to suspend or dismiss the President of the People’s Committee, and the Vice President of the inferior-level People's Committee, from office when they fail to fulfill their assigned duties or commit any violation against laws; designate, discharge, dispatch, dismiss, reward and sanction civil servants and public employees that fall within his/her remit in accordance with laws;

3. Lead and direct the performance of duties to enforcement of the Constitution, laws and instruments issued by superior-level state organs, the provincial People's Council and the provincial People's Committee; perform duties to national defense and security, and maintain social order and safety, and prevent and combat crimes and other violations against laws, and prevent and struggle against bureaucracy or corruption; organize the implementation of measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens; implement measures to manage inhabitants living in the province in accordance with legal regulations;

4. Lead and bear responsibility for operations of the state administrative system from the provincial to grassroots level, and ensure the consistency and transparency of the administrative system; direct reforms in the administrative, working and personnel structure which constitutes the local state administrative system;

5. Suspend the enforcement or abolish law-breaking instruments issued by professional affiliates of the provincial People’s Committee, the district-level People’s Committee and the Chairperson of the district-level People’s Council. Suspend the enforcement of law-breaking instruments 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 abolishment of these instruments;

6. Cooperate with superior-level state organs located in the provinces in performance of duties and exercise of powers in accordance with legal regulations;

7. Direct the President of the district-level People's Committee; authorize the Vice Presidents of the provincial People's Committee or the Heads of professional affiliates of the provincial People's Committee to perform duties and exercise powers that fall within the remit of the President of the provincial People's Committee;

8. Manage and use working offices, assets and equipment and allocated government budget in an effective manner in the province as stipulated by laws;

9. Direct application of measures to protect environment, and prevent and control fire and explosion; provide directions on and apply measures to deal with unscheduled tasks and emergencies in preventing and responding to natural disasters, diseases and epidemics, and issues relating to social security, order and safety in the province as prescribed by laws;

10. Conduct inspection, examination and settlement of complaints, denunciations and violations against laws as well as hold receptions for citizens in accordance with legal regulations;

11. Carry out duties and powers decentralized and delegated by centrally-governed state organs.

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

Article 23. Local government of the rural district

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

Article 24. Duties, powers of the local government of the rural district

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

2. Make a decision on issues in the district within their decentralized or delegated powers as stipulated by this Law and other relevant legal regulations.

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

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

5. Assume responsibility to provincial-level governments for the result of implementation of duties and powers of the local government at the district level.

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

Article 25. Organizational structure of the district-level People’s Council

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

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

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

b) Districts not mentioned in Point a of this Clause and populated by less than eighty thousand of inhabitants shall be allowed to elect thirty delegates; as for those populated by more than eighty thousand of inhabitants, one delegate will be additionally elected for an increase by ten thousand of inhabitants but the total number of delegates to be elected is restricted to forty delegates;

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

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

3. The district-level People’s Council shall establish the Committee on Legislation, Economy – Society; as for ethnic minority districts, the Committee on Ethnic Minority should be established. The National Assembly Standing Committee shall regulate criteria and conditions for establishment of the Committee on Ethnic Minority stipulated in this Clause.

Each committee of the district-level People’s Council shall be composed of the Head and one Vice Head and Members. The number of members of Committees of the district-level People’s Council shall be decided by the district-level People’s Council. The Head of the Committee of the district-level People’s Council may be the full-time delegate of the People’s Council; the Vice Head of the Committee of the district-level People’s Council is the full-time delegate of the People’s Council.

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

Article 26. Duties and powers of the district-level People’s Council

1. In the course of organization and assurance of the enforcement of the Constitution, laws and in the field of national defence, security and government construction, the district-level People’s Council shall implement the following duties and powers:

a) Promulgate the resolution on issues that fall within duties and powers of the district-level People’s Council;

b) Decide on measures to carry out duties to national defence and security; measures to maintain social order and safety, and prevent and combat crimes and other law violations, and prevent and struggle against bureaucracy or corruption under its delegated authority; measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens residing in the district as prescribed by laws;

c) Decide measures to carry out duties and powers decentralized by superior-level state organs; decide to decentralize duties and powers of district-level governments to be implemented by inferior-level governments and state organs;

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

dd) Hold a vote on and cast its vote on confidence in office-holders elected by the People’s Council in accordance with regulations laid down in Article 88 and Article 89 enshrined in this Law;

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

g) Issue a decision to establish or dissolve professional affiliates of the district-level People's Committee;

h) Dissolve the communal-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 prior to commencement;

i) Dismiss delegates of the district-level People’s Council from office and accept the resignation of delegates of the district-level People’s Council from office.

2. In the economic, natural resource and environment sectors, the district-level People’s Council shall implement the following duties and powers:

a) Approve the midterm and annual plan for socio-economic development in the district, and the planning and proposal for land use in the district before submitting them to the provincial-level People's Committee for approval;

b) Decide the plan of government revenues in the district; decide the plan of local government revenues and expenditures, and budget distribution according to the budget plan of the district; adjust the local government budget plan when necessary; approve the local government budget balance. Decide the investment plan, program or project in the district in accordance with legal regulations;

c) Decide the plan for development of industries and sectors in the district within its delegated powers;

d) Decide on measures to manage and use lands, forests, mountains, rivers, lakes, water, underground resources and sources of income gained from sea and other natural resources; measures to protect and improve environment, and prevent, control and mitigate the consequence of natural disasters, hurricanes and floods that may happen in the district as stipulated by laws.

3. Decide on measures to develop nursery, elementary and secondary education system; measures to develop cultural, information, physical exercise and sports affairs; measures to protect and take care of the people’s health, and prevent and control diseases and epidemics, and implement policies on population, family planning; measures to multiply employments, and implement incentive policies for persons who performed meritorious services during the revolution, and policies on social security, hunger eradication and poverty reduction; measures to assure the implementation of policies on ethnic minorities and religion in the district as stipulated by laws.

4. Carry out its duties and powers to supervise the compliance with the Constitution and legislation in the district, the implementation of resolutions issued by the district-level People’s Council; supervise operations of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy at the same level, and Committees of the same-level People’s Council; supervise legislative documents adopted by the same-level People’s Committee and other instruments issued by the communal-level People’s Council.

5. Carry out other duties and powers in accordance with laws.

Article 27. Organizational structure of the district-level People’s Committee

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

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

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

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

Article 28. Duties and powers of the district-level People’s Committee

1. Formulate and submit contents stipulated in Point a, b, c and g Clause 1, Clause 2 and Clause 3 Article 26 hereof to the district-level People’s Council, and organize the implementation of resolutions issued by the district-level People’s Council.

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

3. Execute the budget of the district; perform duties to socio-economic, industrial, construction, commerce, service, tourism, agriculture, forestry, fishery, traffic and irrigation system development, and construction of rural residential points; manage and use lands, forests, mountains, lakes, rivers, water and mineral resources, and sources of income gained from sea and other natural resources; protect environment in the district as prescribed by laws.

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

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

6. Decentralize and delegate duties and powers of the district-level People’s Committee to be implemented by the communal-level People’s Committee and other agencies or organizations.

Article 29. Duties and powers of the President of the district-level People’s Committee

The President of the district-level People’s Committee is the Head of the district-level People’s Committee and has the following duties and powers:

1. Lead and direct tasks of the district-level People’s Committee and members of the district-level People’s Committee; take on the leadership over and direct professional affiliates of the district-level People’s Committee;

2. Approve the result of election, discharge and dismissal of the President of the People’s Committee, the Vice President of the communal-level People’s Committee; dispatch, suspend or dismiss the President of the People's Committee and the Vice President of the communal-level People's Committee from office; delegate powers to the President of the communal-level People’s Committee in the event that there is a vacancy for the President of the communal-level People's Committee in between two sessions of the communal-level People's Council; dispatch, dismiss, reward and sanction civil servants and public employees that fall within his/her remit in accordance with laws;

3. Lead and direct the performance of duties to enforcement of the Constitution, laws and instruments issued by superior-level state organs, the People's Council and the People's Committee at the district level; assure national defence and maintain social order and safety; secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens; implement measures to manage inhabitants living in the district;

4. Lead and bear responsibility for operations of the state administrative system from the district to grassroots level, and ensure the consistency and transparency of the administrative system; direct reforms in the administrative, working and personnel structure which constitutes the local state administrative system in the district;

5. Suspend the enforcement or abolish law-breaking instruments issued by professional affiliates of the district-level People’s Committee, the district-level People’s Committee and the President of the People’s Committee at the communal level. Suspend the enforcement of law-breaking instruments issued by the communal-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 abolishment of such instruments;

6. Direct the President of the communal-level People's Committee; authorize the Vice President of the district-level People's Committee or the Heads of professional affiliates of the district-level People's Committee to carry out duties and powers that fall within the remit of the President of the district-level People's Committee;

7. Manage and employ organized ways to use working offices, assets and equipment and allocated government budget in an effective manner in the district as stipulated by laws;

8. Conduct inspection, examination and settlement of complaints, denunciations and violations against laws as well as hold receptions for citizens in accordance with legal regulations;

9. Direct application of measures to protect environment, and prevent and control fire and explosion; provide directions on and apply measures to deal with unscheduled tasks and emergencies in preventing and responding to natural disasters, diseases and epidemics, and issues relating to social security, order and safety in the district as prescribed by laws;

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

Section 3: DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE LOCAL GOVERNMENT OF THE COMMUNE

Article 30. Local government of the commune

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

Article 31. Duties and powers of the local government of the commune

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

2. Make a decision on issues at the commune within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

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

4. Assume responsibility to district-level governments for the result of implementation of duties and powers of the local government at the communal level.

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

Article 32. Organizational structure of the communal-level People’s Council

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

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

a) Mountainous, highland and island communes populated by less than one thousand of inhabitants shall be allowed to elect fifteen delegates;

b) Mountainous, highland and island communes populated by more than one thousand of inhabitants shall be allowed to elect twenty delegates;

c) Mountainous, highland and island districts populated by more than two thousand of inhabitants shall be allowed to elect twenty five delegates; as for those populated by more than three thousand of inhabitants, one delegate will be additionally elected for an increase by one thousand of inhabitants but the total number of delegates to be elected is restricted to thirty five delegates;

d) Communes not mentioned in Point a, b and c of this Clause and populated by less than four thousand of inhabitants shall be allowed to elect twenty five delegates; as for those populated by more than four thousand of inhabitants, one delegate will be additionally elected for an increase by two thousand of inhabitants but the total number of delegates to be elected is restricted to thirty five delegates.

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

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

Article 33. Duties and powers of the communal-level People’s Council

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

2. Decide on measures to maintain social order and safety, and prevent and combat crimes and other law violations, and prevent and struggle against bureaucracy or corruption under its delegated authority; measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens residing at the commune.

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

4. Decide the plan of government revenues at the commune; decide the plan of communal government revenues and expenditures; adjust the communal government budget plan when necessary; approve the communal government budget balance. Decide the investment plan, program or project of the commune within its delegated powers.

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

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

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

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

Article 34. Organizational structure of the communal-level People’s Committee

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

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

Article 35. Duties and powers of the communal-level People’s Committee

1. Formulate and submit contents stipulated in Clause 1, 2 and 4 Article 33 hereof to the communal-level People’s Council, and organize the implementation of resolutions issued by the communal-level People’s Council.

2. Organize the local budget execution.

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

Article 36. Duties and powers of the President of the communal People’s Committee

The President of the communal People’s Committee is the Head of the communal People’s Committee and has the following duties and powers:

1. Lead and direct tasks of the communal People’s Committee and members of the communal People’s Committee;

2. Lead and direct the performance of duties to enforcement of the Constitution, laws and instruments issued by superior-level state organs, the People's Council and the People's Committee at the communal level; perform duties to national defense and security, and maintain social order and safety, and prevent and combat crimes and other violations against laws, and prevent and struggle against bureaucracy or corruption; organize the implementation of measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens; implement measures to manage inhabitants living at the commune in accordance with legal regulations;

3. Manage and employ organized ways to use working offices, assets and equipment and allocated government budget in an effective manner as stipulated by laws;

4. Settle complaints, denunciations and violations against laws as well as hold receptions for citizens in accordance with legal regulations;

5. Authorize the Vice President of the communal People’s Committee to carry out duties and powers that fall within the remit of the President of the People's Committee;

6. Direct implementation of measures to protect environment, and prevent and control fire and explosion; apply measures to deal with unscheduled tasks and emergencies in preventing and responding to natural disasters, diseases and epidemics, and issues relating to social security, order and safety at the commune as prescribed by laws;

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

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