|
THE
GOVERNMENT
---------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
--------------
|
|
No.
60-CP
|
Hanoi,
October 7, 1996
|
DECREE
ON
THE GOVERNMENT’S GUIDANCE AND INSPECTION OVER THE PEOPLE’S COUNCILS IN THE IMPLEMENTATION OF LEGAL DOCUMENTS
OF THE HIGHER-LEVEL STATE AGENCIES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Law on Organization of the People’s Councils and People’s Committees
(amended) of June 21, 1994;
Pursuant to the Ordinance on the Supervision and Guidance by the National
Assembly Standing Committee, Guidance and Inspection by the Government over the
People’s Councils of February 15, 1996;
At the proposal of the Minister-Chairman of the Government Commission on
Organization and Personnel,
DECREES:
Article 1.-
The legal documents issued by the higher-level State agencies mentioned in the
Ordinance on the Supervision and Guidance by the National Assembly Standing
Committee, Guidance and Inspection by the Government over the People’s Councils
comprise: the Constitution, Codes, laws, resolutions of the National Assembly;
ordinances, resolutions of the National Assembly Standing Committee; orders,
decisions of the President of the State; resolutions, decrees of the
Government; decisions, directives of the Prime Minister; decisions, directives,
circulars of the Ministers, the Heads of the ministerial-level agencies and the
Heads of the agencies attached to the Government; and inter-ministerial and
inter-branch circulars.
With regard to the district and
commune People’s Councils, in addition to the above-said legal documents, the
legal documents of the higher-level State agencies also include: resolutions of
the People’s Councils, decisions and directives of the higher-level People’s
Committees.
Article 2.-
The Government shall promulgate Decrees providing for issues that fall within
its tasks and powers and Decrees detailing or guiding the enforcement of laws
and resolutions of the National Assembly, ordinances and resolutions of the
National Assembly Standing Committee, orders and decisions of the President of
the State. The Prime Minister shall issue decisions and directives to direct,
guide and promote the enforcement of laws and ordinances; and organize the
collection of opinions and comments in the elaboration of Codes, laws and
ordinances.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Government assigns the
provincial People’s Committees to organize the popularization of and training
on the implementation of laws, ordinances and legal documents of the Government
and the Prime Minister for the lower-level People’s Councils.
Article 3.-
The Ministers, the Heads of the ministerial-level agencies and the agencies
attached to the Government shall, basing themselves on the laws, ordinances and
legal documents of the State and directives of the Government and the Prime
Minister, issue circulars to provide detailed guidance on the above documents
regarding matters within their branches and domains of work for implementation
by the People’s Councils.
Article 4.-
Annually, the Ministries, the ministerial-level agencies and the agencies
attached to the Government shall, basing themselves on the Resolutions of the
National Assembly and working programs of the Government, provide guidance to
the People’s Councils on matters related to the domains of work under their
charge, focusing mainly on the socio-economic development plans, the draft
budget and ratification of the budget accounts, the work of ensuring security
and defense, and social order and safety in the localities.
The above-mentioned guiding
documents must be sent to the People’s Councils at least 20 days before the
date of opening the first People’s Council’s session in the year.
Article 5.-
Regarding the budget issue, the Government shall provide guidance for the
People’s Councils to perform their tasks and exercise their powers in
accordance with Article 25 of the Law on State Budget, as follows:
1. The People’s Council shall
decide the local draft budget on the basis of the sources of revenues and
spending tasks already assigned to the locality as well as the current regimes
and policies.
2. The People’s Council shall
decide the draft budget concerning the increase of expenditures or additional
expenditures, consider and decide measures to ensure the budget balance.
3. The People’s Council shall
consider and ratify the local budget accounts.
4. The People’s Council shall
perform the function of supervising the budget revenues and expenditures in the
locality.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The Government authorizes the
Government Commission on Organization and Personnel to elaborate the contents,
programs, plans and organization of the refresher courses on policies,
legislation and State management skill for deputies to the provincial People’s
Council as well as training courses for lecturers of such courses to be
organized by the provincial People’s Committee.
The provincial People’s
Committee shall organize refresher courses on policies, legislation and State
management skill for deputies to the district and commune People’s Councils in
accordance with the Government’s guidance.
Article 7.-
Basing itself on the State regulations on organization, personnel and assisting
apparatus of the Standing Board of the People’s Council and the wage regime for
the positions and titles of standing members and the various sections of the
People’s Council; on the regime of allowances for the deputies to the People’s
Council, the Government shall provide guidance to the People’s Council in the
form of legal documents of the Government and the Prime Minister. The Ministry
of Finance, the Government Commission on Organization and Personnel shall
provide detailed guidance for the implementation of the above contents assigned
by the Government.
Article 8.-
1. The Government shall provide
guidance for the Standing Board of the provincial People’s Council in observing
the regime of periodical reporting every 6 months and annually to the National
Assembly Standing Committee and the Government, on the following:
- Activities of the provincial
People’s Council and the implementation of its resolutions.
- The implementation of legal
documents of the higher-level State agencies.
- The performance of tasks and
powers of the People’s Council regarding the consideration and decision of
draft budgets; the situation of budget revenues and expenditures and measures
to achieve budget balance; the supervision of budget revenues and expenditures
and ratification of the local budget accounts.
In case of urgent socio-economic
problem in the locality, the concerned People’s Council shall have to
immediately report it to the Government, proposing measures for settlement and
at the same time asking for the Government’s direction or for permission to let
the locality settle the problem.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The Government shall send to
the provincial People’s Council: resolutions and decrees of the Government,
decisions and directives of the Prime Minister concerning activities of the
local administration; the Ministers, the Heads of the ministerial-level agencies
and the agencies attached to the Government shall send to the provincial
People’s Council legal documents of their Ministries and agencies concerning
the People’s Councils’ activities.
The immediate higher People’s
Committee shall have to send copies of the related legal documents to the
lower-level People’s Council, except for those legal documents not allowed to
be copied.
Article 9.-
Periodically or at the request of the Prime Minister, the President of the
State or of the National Assembly Standing Committee, the Government shall set
up delegations to inspect execution of legal documents issued by the
higher-level State agencies by the People’s Councils. Depending on the
requirements and concrete tasks, the Prime Minister shall decide the composition
of the inspection delegation.
The inspection delegation shall
carry out the Government’s decision on the objects and contents of inspection,
report the inspection results and propose solutions to the Government.
Article 10.-
After receiving proposals from the inspection delegation, the People’s Council
shall have to consider and solve matters discovered and proposed by the
inspection delegation and reply in writing to the inspection delegation.
In case of necessity, the
People’s Council may convene an extraordinary meeting to consider and solve
matters proposed by the inspection delegation.
Article 11.-
The Ministers, the Heads of the ministerial-level agencies and the agencies
attached to the Government shall set up their own inspection delegations or
coordinate with one another in setting up inter-branch inspection delegations
to inspect the People’s Council in the implementation of legal documents of the
higher-level State agencies, including:
- Inspecting the contents of
resolutions promulgated by the People’s Council to implement the provisions of
legal documents of the higher-level State agencies and legal documents relating
to the branches or domains of work of the Ministries, the ministerial-level
agencies or the agencies attached to the Government,
- Inspecting the contents of the
resolutions promulgated by the People’s Council within its jurisdiction related
to the regulations of the Ministries, the ministerial-level agencies and the
agencies attached to the Government.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 13.-
At the proposals of the Ministers, the Heads of the ministerial-level agencies
and the agencies attached to the Government, or the Vietnam Fatherland Front,
the Prime Minister shall decide to suspend the execution of the resolution of
the provincial People’s Council if such a resolution has contents contrary to
the Constitution, laws, ordinances or legal documents of the higher-level State
agencies and propose that the National Assembly Standing Committee annul or
amend such resolution.
The President of the People’s
Committee shall have the right to suspend the execution of a resolution of the
immediate lower-level People’s Council if such resolution has contents contrary
to the Constitution, laws, ordinances or legal documents of the higher-level
State agencies and propose that the People’s Council of the same level annul or
amend such resolution.
The decision of the competent
State agency to suspend the execution of the resolution of the People’s Council
must clearly state the full or partial suspension of the resolution. When there
is a decision on its suspension, the People’s Council’s resolution shall become
invalid.
Article 14.-
Through the performance of the inspection function or at the proposals of the
Ministers, the Heads of the ministerial-level agencies and the agencies
attached to the Government or the Vietnam Fatherland Front, the Government
shall consider and make proposal to the National Assembly Standing Committee to
dissolve the provincial People’s Council if the latter has issued a resolution
seriously harming the people’s and State’s interests.
The Standing Board of the
provincial or district People’s Council shall coordinate with the People’s
Committee of the same level to propose that the People’s Council of the same
level consider and decide the dissolution of the immediate lower-level People’s
Council if the latter has issued a resolution seriously harming the people’s
and State’s interests.
Before proposing to the
competent agency the dissolution of the People’s Council of a locality, the
Government or the Standing Board of the provincial or district People’s Council
and People’s Committee shall have to conduct inspection and make a concrete
conclusion on the mistakes of the People’s Council of such locality.
The dissolution of a provincial
or district or commune People’s Council shall be reported promptly to the
National Assembly Standing Committee and the Government.
Article 15.-
This Decree takes effect from November 1st, 1996.
The Ministers, the Heads of the
ministerial-level agencies and the agencies attached to the Government, the
People’s Councils and the People’s Committees of different levels shall have to
implement this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
THE
GOVERNMENT
Phan Van Khai