1. Additional 02 administrative divisions02 new administrative divisions will be added, including cities affiliated to centrally-directed municipalities and special administrative – economic divisions, with a view to elaborating on Article 110 of the 2013 Constitution.
2. Local governments organized in administrative divisions- The level of local government, comprising the People's Council and the People's Committee, is organized in administrative divisions within the territory of Vietnam as referred to in Article 2 of this Law.
- The local government organized in rural areas is composed of local governments in provinces, districts and communes.
- Local governments in urban areas include local governments in centrally-affiliated cities, districts, district-level towns, provincial cities, cities affiliated to centrally-affiliated cities, wards, and commune-level towns.
3. Establishment, dissolution, merging, splitting and adjustment of administrative territories - After obtaining opinions from voters for establishment, dissolution, merging, splitting and adjustment of administrative territories, if there is more than 50% votes for such activities, competent authorities must draft and submit a complete proposal to the People's Council in specific related administrative divisions with the aim of getting their opinions.
- Based on local voters’ opinions and draft proposal for establishment, dissolution, merging, splitting and adjustment of administrative territories submitted by responsible authorities, the relevant People’s Council at the level of commune, district or province will hold a discussion, conduct a vote on approval or disapproval of such proposal for establishment, dissolution, merging, splitting and adjustment of administrative territories in order of administrative levels ranging from commune levels to district or province levels.
- The resolution of the People’s Council at the communal level relating to the approval or disapproval of such proposal for establishment, dissolution, merging, splitting and adjustment of administrative territories will be sent to the People's Council at the provincial level; the resolution of the People's Council at the provincial level will be sent to the Ministry of Home Affairs for synthesis purposes before being submitted to the Government and competent authorities for grant of proper decisions.
4. Duties and powers of the People’s Council of centrally-affiliated cities - Implement duties and powers defined in Article 19 of this Law.
- Decide the land use planning and proposal of centrally-affiliated cities, including the land use planning and proposal of directly affiliated districts or wards.
- Decide the planning for urban construction and development which falls under delegated powers of each People’s Council.
- Decide legislative measures to take full advantage of their roles as socio-economic centers of metropolitan areas in connection with localities within these areas, regions and throughout the country in accordance with laws and regulations.
- Decide legislative measures to manage urban residence and organize lives of these city dwellers; adjust urban residence in accordance with the approved planning with assurance that the people's rights and benefits will be protected.
5. Organizational structure of the People’s Council of centrally-affiliated cities - The People’s Council of a centrally-affiliated city is composed of the People’s Council delegates voted by voters residing in this centrally-affiliated city.
Determination of total delegates of the People’s Council of a centrally-affiliated city will be consistent with the following principle:
+ The centrally-affiliated city with a population of fewer than 1 million inhabitants will be allowed to elect fifty delegates; the centrally-affiliated city with a population of more than 1 million inhabitants will be allowed to elect one more delegate for each fifty thousand of inhabitants increased but total delegates are restricted to ninety five;
+ Hanoi capital and Ho Chi Minh city are allowed to elect one hundred and five delegates.
- The Standing Committee of People’s Council of a centrally-affiliated city is composed of the Chairman of People’s Council, members who are Heads of committees of the People’s Council and Chief of office of the People’s Council of such centrally-affiliated city.
The Chairman of the People’s Council of a centrally-affiliated city may be a full-time delegate of the People’s Council; the Vice Chairman of the People's Council of a centrally-affiliated city is a full-time delegate of the People’s Council.
- The People’s Council of a centrally-affiliated city is entitled to establish the Committee of Legislative Affairs, Economic – Budgetary Affairs, Cultural – Social Affairs, and Urban Affairs.
A Committee of the People’s Council of a centrally-affiliated city is composed of the Head of a Committee and not more than two Vice Heads and Members. Membership of Committees of the People's Council is decided by the People’s Council of this centrally-affiliated city.
The Head of a Committee of the People’s Council of a centrally-affiliated city may be a full-time delegate of the People’s Council; the Vice Head of a Committee of the People's Council of a centrally-affiliated city is a full-time delegate of the People’s Council.
- Delegates of the People’s Council of a centrally-affiliated city are elected in single or multiple electoral unit(s) to become a Delegation of the People’s Council.
Membership of this Delegation of the People's Council, Delegation Head and Delegation Vice Head are decided by the Standing Committee of the People’s Council of this centrally-affiliated city.
6. Eligibility requirements of a delegate of the People’s Council - Be loyal to the Nation, People and Constitution, and strive to embark on reforms and aim for prosperous population, strong country, democratic, equitable, and civilized society.
-Achieve good moral standards, practice diligence, frugality, right and justice and integrity and become a good example in compliance with laws; demonstrate strong determination to combat corruption and extravagance, bureaucracy, bureaucratic and authoritarian behaviors as well as other law-breaking acts.
- Attain an acceptable level of cultural intelligence, gain a professional qualification, have competence, good health condition and work experience and prestige to perform a delegate's duties; have sufficient conditions for participation in activities of the People’s Council.
- Build a cordial relationship with the People, listen to their opinions and build trust and credibility with the People.
7. Appointment and removal of the President of the People’s Committee and the Vice President of the People’s Committee - The Prime Minister is vested with authority to appoint the President of the People’s Committee and the Vice President of the People’s Committee at the provincial level; the President of the People's Committee at the provincial and district level is vested with authority to appoint the President of the People's Committee and the Vice President of the People's Committee at the directly inferior level.
- The Prime Minister is vested with authority to remove the President of the People’s Committee and the Vice President of the People’s Committee at the provincial level from office; the President of the People's Committee at the provincial and district level is vested with authority to remove the President of the People's Committee and the Vice President of the People's Committee at the directly inferior level from office when this President or Vice President commits any violation against laws or fails to comply with assigned duties and obligations.
- An appointed or removed person will terminate his/her duties as the President of the People’s Committee, Vice President of the People’s Committee as from the date on which appointment and removal decisions enter into force.
- The person who has made a decision to appoint and remove the President of the People’s Committee is vested with authority to delegate the powers of the President of the People's Committee; notify the People's Council of appointment and removal of the President of the People’s Committee, Vice President of the People’s Committee, and delegate the powers of the President of the People’s Committee to the People’s Council to elect the new President of the People's Committee, Vice President of the People's Committee in the next conference.
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