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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
301-NQ/UBTVQH
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Hanoi
,June 25,1996
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ORDINANCE
ON THE CONCRETE TASKS AND POWERS OF THE PEOPLE’S COUNCIL AND
PEOPLE’S COMMITTEE AT EACH LEVEL
Proceeding from Article 91 of the 1992
Constitution of the Socialist Republic of Vietnam;
Proceeding from the Law on Organization of the People’s Councils and People’s
Committees (amended);
Proceeding from the Resolution of the IXth National Assembly, 8th Session, on
legislative work;
This Ordinance provides for the concrete tasks and powers of the People’s
Council and People’s Committee at each level,
Chapter I
GENERAL PROVISIONS
Article 1.- The People’s
Council is the State organ of power in the locality representing the will,
aspiration and right to mastery of the people. It is elected by the local
people, takes responsibility before the local people and the higher State
organs.
The People’s Council performs its tasks and
powers as prescribed by the Constitution and the Law on Organization of the
People’s Councils and the People’s Committees (amended) and other prescriptions
of law and the concrete tasks and powers defined in this Ordinance.
Article 2.- The People’s
Committee which is elected by the People’s Council is the executive organ of
the People’s Council, the administrative organ of the State in the locality. It
takes responsibility for the implementation of the Constitution, law and the
other documents of the higher State organs and the resolutions of the People’s
Council of the same level.
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Article 3.- The People’s
Council and the People’s Committee are organized and operate according to the
principle of democratic centralism.
The People’s Council and the People’s Committee
are answerable to the local people and the higher State organ. They manage the
locality according to the Constitution, law and the documents of the higher
State organs, ensure the unified leadership of the central level, develop the
right to mastery of the people, strengthen socialist legislation, prevent and
fight against all manifestations of bureaucracy, irresponsibility, arrogance,
authoritarianism, corruption, wastefulness and other negative manifestations in
the State agencies and officials and public servants and in the local
administrative apparatus, take the initiative to perform in a creative manner
the assigned tasks and powers, build and develop the locality in all fields in
service of the practical interests of the people.
The People’s Council shall issue resolutions
when it takes decision on questions pertaining to its tasks and powers; with
regard to the resolutions concerning questions under the jurisdiction of the
higher level, it must submit them to the higher level for ratification before
their implementation. In the framework of its tasks and powers prescribed by
law, the People�s
Committee shall issue decisions or directives and organize and control their
implementation.
Article 4.- In their
activities, the People’s Council, its Standing Committee, the People’s
Committee and the commissions of the People’s Council at the provincial and
district levels, the People’s Council, the Chairman and Vice Chairman of the
People’s Council and the People’s Committee at the commune level and the
deputies to the People’s Council shall closely coordinate with the Vietnam
Fatherland Front and its member organizations and other social organizations to
care for and protect the legitimate interests of the people, and motivate them
to join in the State management and the realization of the obligations toward
the State.
Chapter II
TASKS AND POWERS OF THE
PEOPLE’S COUNCIL AND PEOPLE�S
COMMITTEE IN THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT
Section 1. TASKS AND
POWERS OF THE PEOPLE’S COUNCIL IN THE PROVINCES AND CITIES DIRECTLY UNDER THE
CENTRAL GOVERNMENT
Article 5.- In the
economic field, the People’s Councils in the provinces shall:
1. Decide the long-term and annual plans for
socio-economic development of the locality according to the general plan
already ratified by the competent level; the undertakings and measures aimed at
developing all potentials of the economic sectors in the locality, ensuring
autonomy in production and business of the economic establishments as
prescribed by law;
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Adopt the policy of developing production,
business, trade, tourism and services in the locality;
Adopt policies and measures on building and
developing the economic structure, the various economic sectors, with emphasis
on developing the State economy; building and developing the cooperatives in the
locality;
Adopt policies of developing and planning the
exploitation and protecting the systems of water conservancy and transport and
other constructions in the localities as provided for by law;
Adopt the general plan for rural and urban
development for the competent People’s Committee of the same level to submit to
the competent level for ratification;
2. Draft and allocate the local budget; adopt
the local budget statement of accounts, policies and measures to use the local
budget; to readjust the local budget when necessary; to collect charges, fees
and surcharges and other contributions of the people as prescribed by law; to
assign powers to invest in the construction of the socio-economic
infrastructural works in the locality;
3. Adopt policies and measures on labor and
population distribution in the locality;
4. Adopt the general plan and plan for use of
land as prescribed by law; measures for management and use of land, forests and
mountains, rivers and lakes, water, subsoil and maritime resources, and protect
other natural resources in the locality as prescribed by law;
5. Take measures to carry out the policy on
thriftiness in State management activities, in production, business and
consumption, and to fight against corruption and smuggling.
Article 6.- In the
domain of culture, education, social affairs and life, the provincial People�s Council shall:
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2. Adopt policies and measures to develop
education and training; ensure the necessary material bases and conditions for
the activities in education and training in the locality;
Take measures to protect, repair and preserve
the historical and cultural relics and beautiful landscapes in the locality;
Adopt policies and measures to build a civilized
life style and cultured families, to carry out education about the fine ethical
traditions and the fine customs and habits of the nation; to prevent and fight
against social evils and other unhealthy manifestations in the social life in
the locality;
3. Adopt policies and measures to use the labor
force, to create jobs and improve the working and living conditions of the
working people; to improve the life of the people in the locality;
4. Adopt policies and measures to protect the
health of the people, to protect and care for the aged persons, mothers and
children; measures to carry out the population policy and family planning; to
develop the health service in the locality and to prevent and fight against
epidemics;
5. To adopt policies and measures to carry out
the policy of preferential treatment , to care for and assist war invalids and
diseased armymen, the families of fallen heroes, the persons and families who
have done meritorious services to the country; and measures to carry out the
policy on social insurance and social relief.
Article 7.- In the
domain of science, technology and environment, the provincial People�s Council shall:
1. Adopt policies and measures to encourage
research and innovations to improve techniques, and apply scientific and
technological advances in service of production and life in the locality;
2. Adopt policies and measures to protect and
improve the environment; to prevent and fight against natural calamities,
storms and floods, and overcome their consequences; to fight against
environmental deterioration and pollution, and environmental accidents in the
locality as prescribed by law;
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Article 8.- In the
domain of defense, security, social order and safety the provincial People�s Council shall:
1. Adopt measures to carry out the task of
building the armed forces and national defense of the entire people, to combine
defense with economy and economy with defense, to ensure the enforcement of the
military service regime, the task of on-spot supply to the army, the task of
building the reserve force, the policy of the rear toward the army, and the
policies toward the people�s
armed forces in the locality;
2. Adopt measures to carry out the task of
preserving security, order and social safety, to prevent and fight against
crime and other law-breaking acts in the locality.
Article 9.- In the
implementation of the policies on nationalities and religions, the provincial
People’s Council shall:
1. Adopt measures to ensure the implementation
of the policies on nationalities, improve the material and spiritual life and
raise the cultural standard of the people of all ethnic communities, ensure the
equality among the ethnic communities, and preserve and strengthen the
solidarity and mutual assistance among the different ethnic groups in the
locality;
2. Adopt measures to realize the policy on
religions, the equality of the religions before law, the freedom of belief and
religion, the right of citizens in the locality to adopt or not to adopt a
religion as prescribed by law.
Article 10.- In the
domain of law enforcement, the provincial People’s Council shall:
1. Adopt measures to ensure the implementation
of the Constitution, law, and the documents of the higher State organ in the
State agencies, politico-social organizations, social organizations, economic
organizations, People’s armed forces units and all other citizens in the
locality;
2. Adopt measures to protect the life,
properties, freedom, honor, dignity and other legitimate rights and interests
of citizens;
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4. Adopt measures to ensure the settlement of
complaints, denunciations and petitions of citizens as prescribed by law.
Article 11.- In the
domain of building the local administration and managing the administrative
boundary of the locality, the provincial People’s Council shall:
1. Elect, relieve or dismiss from office the
Chairman, Vice-Chairmen of the People’s Council, the President and Vice
Presidents and other members of the People’s Committee, the Heads and other
members of the commissions of the People’s Council; elect, relieve or dismiss
from office the People’s Assessors of the People’s Court of the same level as
prescribed by law;
2. Dismiss the deputies to the People’s Council
and accept their resignation as prescribed by law;
3. Revoke the wrong decisions of the People’s
Committee of the same level; revoke or request the modification of the wrong
decisions of the People’s Council of the immediate lower level;
4. Decide to dissolve the People’s Council of the
immediate lower level if the latter causes serious damage to the interests of
the people and submit the decision to the Standing Committee of the National
Assembly for ratification before implementing it; ratify the resolutions of the
People’s Council of the district level on the dissolution of the People’s
Council of the commune level if the latter causes serious damage to the
interests of the people;
5. Adopt the plan for delimitation and
readjustment of the land boundaries among the administrative units at the
district and commune levels, and submit them to the Government for
consideration and decision; adopt the plans for delimitation and readjustment
of the land boundaries of the administrative units of the province and request
the Government to submit them to the National Assembly for consideration and
decision;
6. Decide to name and rename roads, streets,
squares and other public constructions and the administrative and non-business
units in the province as provided for by the Government.
Article 12.- In its
supervisory activities, the provincial People’s Council shall:
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Supervise the observance of law by the State
organs and the politico-social organizations, social organizations, economic organizations
and units of the People’s
Armed Forces and all other citizens in the locality;
2. Examine the reports of the Standing Committee
of the People’s Council and
People’s Committee, the
People’s Court, the People’s Procuracy of the same level;
examine the answers to the questions by the questioned as provided for in
Article 24 of the Law on Organization of the People’s
Councils and People’s
Committees (amended);
3. In case of necessity, assign to the Standing
Committee of the People’s
Council, its commissions and deputies the task of assisting the People’s Council supervising the
enforcement of law and the implementation of the resolutions of the People’s Council of the same level and
report it to the People’s
Council at its nearest session;
In the course of its supervisory work, the
Standing Committee of the People’s
Council and its commissions, the deputies to the People’s
Council are entitled to request the State organs, the politico-social
organizations, social organizations and economic organizations to supply the
necessary documents and information; upon detection of any irregularities, it
has the right to ask these agencies and organizations to examine the questions
and settle them according to their authority.
The concerned agencies and organizations shall
have to create conditions for the People’s
Council, the Standing Committee of the People’s
Council, the commissions of the People’s
Council and the deputies to the People’s
Council to discharge their supervisory tasks and powers as prescribed by law.
Article 13.- The People’s Council of the cities directly
under the Central Government shall discharge their tasks and powers as
prescribed in Articles 5, 6, 7, 8, 9, 10, 11 and 12 of this Ordinance. In
addition it shall:
1. Adopt measures to bring into play the role of
an economic and social center of a major urban center in its relations with the
localities in the area, region and the whole country according to the
allocation of responsibilities by the Government;
2. Adopt the plan of building the urban
infrastructure, draw up the general plan of urban construction and development,
and submit it to the Government for ratification;
3. Adopt measures to ensure public order and
traffic order, and to protect the environment and the urban landscapes;
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Section 2. TASKS AND
POWERS OF THE PEOPLE’S
COMMITTEE OF THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT
Article 14.- Concerning
planning, budget and finance, the provincial People’s
Committee has the following tasks and powers:
1. To draw up long-term and annual plans for
socio-economic development of the province and submit it to the People’s Council for approval before
submitting it to the Government for ratification; to organize and direct the
implementation of these plans;
To take part with the various ministries and
branches at the central level in the delimitation of economic zones, in the
elaboration of the programs and projects of the ministries and branches at the
central level within the boundary of the province; to organize and control the
implementation of the tasks under the assigned programs and projects;
2. Concerning the budget, the provincial People’s Committee has the following
tasks and powers:
a/ To draw up the plan and project of allocation
of the local budget, the plan for readjustment of the local budget in case of
necessity and submit these plans to the People’s
Council of the same level for decision and report them to the State
administrative and financial agencies of the immediate higher level;
b/ To make the statement of accounts of the
local budget and submit it to the People’s
Council of the same level for ratification and report it to the State
administrative and financial agencies of the immediate higher level;
c/ To draw up the plan for collection of
charges, fees and surcharges and other contributions of the people as
prescribed by law; to draw up the plan for the assignment of responsibilities
in the investment on the economic and social infrastructural works in the
locality and submit it to the People’s
Council of the same level for decision; to organize and direct its
implementation after the plan has been adopted;
d/ To check the resolutions of the People’s Council of the lower level
about the budget plan and the budget statement of accounts;
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f/ To organize the use of the local budget; to
assure the right allocation of budgets to each domain in the locality;
g/ To coordinate with the State organ of the
higher level in the management of the State budget in each domain in the
territory;
h/ To report on the State budget as prescribed
by law;
3. To direct and inspect the tax agency and the
agency assigned by the State to collect budget revenues in the locality; to
assure correct collection, full and timely remittance to the budget as
prescribed by law;
4. To establish the financial reserve fund as
prescribed by law for submission to the People’s
Council of the same level and report it to the State agency of the higher
level.
Article 15.- Concerning
agriculture, forestry, fisheries, water conservancy and land, the provincial
People’s Committee has the
following tasks and powers:
1. To draw up, organize and implement the
general plan, the plan for development of agriculture, forestry, fisheries and
water conservancy on the basis of the unified plan of the central government;
to draw up and organize the carrying out of the programs of promotion of
agriculture, forestry and fisheries; to organize and guide the arrangement of
the cultivation seasons, the structure of plants, domestic animals, the
technique of intensive farming, rotation of crops and inter-cropping in the
territory of the province;
2. To anticipate, forecast and implement
measures to prevent and eradicate crop and animal insects and pests;
3. To guide the implementation and control the
production and use of plant and animal strains and food, medicines against crop
pests, fertilizers, veterinary medicaments and biological products in service
of agriculture;
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5. To guide, direct and control the
afforestation work and the protection of headwater forests, special-purpose
forests, and protection of forests according to the general plan, organize the
exploitation of forests as prescribed by the Government; to organize the raising,
planting, fishing, processing and protection of the aquatic and maritime
resources;
6. To draw up and organize the implementation of
the water conservancy plan; to manage the exploitation and protection of the
water resources, the exploitation and protection of medium and small water
conservancy works; to manage and protect the system of dykes, the projects to
prevent and fight against floods; to directly organize and mobilize and command
the fight against storms and floods in the territory of the province as
prescribed by law.
Article 16.- With
regard to industry, small industries and handicrafts, the provincial People�s
Committee has the following tasks and powers:
1. To work out the general plan and the plan for
the development of industry, small industries and handicrafts in the province;
2. To take part in elaborating the projects on
industrial production of the center and the economic areas related to the
province; to perform its tasks as assigned by the Government with regard to the
programs and projects of industrial development, building and developing the
industrial zones and export processing zones;
3. To develop establishments for processing
agricultural, forestry, aquacultural and maritime products and other industrial
establishments;
4. To direct the building and development of the
industrial, trade, service and tourist agglomerations in the towns and cities
in the province and the townships;
5. To develop the trades, occupations and
traditional craft villages in the territory of the province ;
6. To exercise State management over the units
of industrial, small industries and handicraft production in the provincial
territory under its jurisdiction;
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Article 17.- With
regard to communications and transport, the provincial People�s
Committee has the following tasks and powers:
1. To guide and control the elaboration and implementation
of the general plan, plans of communications and transport in the province in
line with the general scheme for the development and the general program for
communications and transport of the Central Government;
2. To organize the management of the urban
transport facilities in the land roads and water ways in the locality according
to provisions of law;
3. To organize the technical control over the
safety of the various kinds of mechanized means of transport by land and water;
to issue circulation permits and driving licenses as prescribed by law;
4. To organize and direct the inspection and
protection of the transport facilities and traffic safety in the territory of
the province; to direct the district and commune administration in the protection
of the transport projects assigned to their management.
Article 18.- Concerning
the urban development construction and management, the provincial Peoples Committee has the following tasks and
powers:
1. To organize the elaboration of, to submit for
approval or to approve according to its competence, the general plan on urban
construction, the building of rural population centers in the territory of the
province; to manage the architecture, building and construction land according
to the general plan already approved;
2. To manage the investments in and the
exploitation and use of the technical infrastructural works in the urban areas
and the rural population centers;
3. To approve the investment plans and projects
of the construction under its jurisdiction; to manage the construction work in
the provincial territory; to issue construction qualification certificates and
construction permits;
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5. To draw up the general plan and plans for the
development of building materials; to manage the exploitation and production
and trading in building materials in the provincial territory according to its
competence.
Article 19.- Concerning
trade, service and tourism, the provincial Peoples
Committee has the following tasks and powers:
1. To draw up the general plan for the
development of the business and trade network and the plan for the development
of tourism; to join in international cooperation in trade, service and tourism
when permitted by the Government;
2. To organize the management of export and
import as prescribed by law; to direct market management work;
3. To lay down the regulations on safety and
hygiene in trade activities within the confine of the province;
4. To guide and arrange the trade, service and
tourist network in the provincial territory;
5. To issue and withdraw permits in the business
of tourism, tourist areas, tourist sites, hotels, inland traveling in the
province according to Government regulations;
6. To organize the inspection and control of the
implementation of the State regulations on trade, service and tourist
activities.
Article 20.- Concerning
education and training, the provincial People’s
Committee has the following tasks and powers:
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2. To directly manage the teachers’ training colleges, the
vocational secondary schools, the general secondary schools, the complementary
education schools; to train and foster the contingent of teachers in the province
up to the teachers� training college
level;
To exercise State management over the various
forms of schools and classes assigned to it in the provincial territory; to
allow the establishment of the semi-public and people-founded schools according
to government regulations;
3. To manage the observance of the criteria for
teachers, the exams regulations and the granting of diplomas as prescribed by
law;
4. To supervise and inspect the work of
education and training in the provincial territory as prescribed by the
Ministry of Education and Training.
Article 21.- Concerning
culture, information, physical training and sports, the provincial People’s Committee has the following
tasks and powers:
1. To draw up and organize the execution of the
programs of development of culture, information, physical training and sports
in the province;
2. To direct the protection, repair and
preservation of the historical and cultural relics and the beautiful
landscapes, the other cultural and artistic works according to its competence;
to guide the building of a civilized lifestyle and cultured families; to
organize the physical culture and sport competitions and art festivals in the
locality;
3. To exercise State management over the
cultural, information, advertisement, press, publication, physical culture and
sport activities as prescribed by law;
4. To organize and manage the non-business units
operating in the domain of culture, physical training, sport, radio and
television of the province;
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6. To inspect and prevent the trading and
circulation of reactionary or depraved books and newspapers and cultural products
as prescribed by law.
Article 22.- On social
affairs and life, the provincial People’s
Committee has the following tasks and powers:
1. To direct the execution of plans and measures
to protect the health of the people, protect and care for the aged persons,
mothers and children, to carry out the population policy and the policy on
family planning; to manage the activities of the healthcare units under the
provincial jurisdiction; to grant operating permits for private medical and
pharmaceutical businesses;
2. To carry out the plan and measures on the use
of the labor force, to settle unemployment and conduct population
redistribution on the provincial scale;
3. To carry out the policies of preferential
treatment toward, care and assistance to the war invalids, diseased armymen,
the families of fallen heroes and the persons and families who have made
meritorious services to the country; to carry out the policy of labor
protection, social insurance and social relief;
4. To organize and direct the implementation of
the policy of eradicating famine and alleviating poverty, improving the life of
the population; to guide the charitable and humanitarian activities; to prevent
and fight against social evils; to prevent and fight against epidemics in the
locality.
Article 23.- Concerning
science, technology and the environment, the provincial People’s Committee has the following
tasks and powers:
1. To organize and direct the use of measures to
encourage research and innovation to improve techniques and apply scientific
and technological advances in service of production and life in the locality;
2. To carry out concrete tasks and plans for the
development of science technology and environmental protection in the locality;
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4. To manage the activities in technology
transfer, to take part in State expertise of technology with regard to the
important investment projects in the locality;
5. To direct and organize the protection and
improvement of the environment; to prevent and fight against natural
calamities, storms and floods, environmental deterioration and pollution and to
overcome their consequences; and to determine the responsibility of each organization
and individual to handle the environmental issue as prescribed by law;
6. To inspect the implementation of the
provisions of law on measurement criteria and product quality; to make public
the criteria of commodities quality of the production establishments in the
locality; to prevent the production and circulation of faked goods in the
locality, to protect the interests of consumers;
7. To direct the inspection of the
implementation of policies and laws on science, technology and environmental
protection by the organizations and individuals in the locality.
Article 24.- Concerning
national defense, the provincial People’s
Committee has the following tasks and powers:
1. To organize the execution of measures to build
the armed forces and national defense by the entire people; to direct the
education of the tasks of the national defense by the entire people among the
population and in the schools in the locality;
2. To organize and direct the implementation of
the plans of building the province into a firm defense area; to direct the
building of the forces and combat activities of the local army and militia and
self defense forces; to direct the implementation of the Law on Military
Service and the recruitment for the army; to build the reserve forces when the
need to defend the Fatherland arises, to meet the demand of the locality and
the whole country in all circumstances as prescribed by the Government;
3. To carry out the on-spot supply for the army,
the policies of the rear toward the army and the policies toward the people’s armed forces in the locality;
4. To direct and organize the combination of
defense with economy and economy with defense; to manage and protect the
defense works and the military areas in the provincial territory.
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1. To assure political security, and social
order and safety, to build the people’s
security forces; to direct the prevention and fight against crime, corruption
and smuggling; to protect State secrets and build the mass movement to ensure
public security and order and social safety;
2. To direct, control and manage the
transportation and use of weapons, explosives, inflammable, toxic and
radio-active substances; to manage the special businesses as prescribed by law;
3. To direct and inspect the observance of the
regulations on the control of residence registration, management of the stay
and movement of foreigners in the locality;
4. To organize and inspect the observance of the
rules, regulations and measures against fires, fire fighting, and the assurance
of traffic security and order, and public security and social safety.
Article 26.- On the
implementation of the policies on nationalities and the policy on religion, the
provincial People’s
Committee has the following tasks and powers:
1. To organize, direct and inspect law
enforcement and the policy on nationalities; to organize and direct the
implementation of measures to ensure conditions to improve the material and
spiritual life and raise the cultural standard of the people of ethnic
minorities and the people in the remote areas, areas lying deep in the
hinterland and areas still facing many difficulties;
2. To ensure the realization of equality among
nationalities, to preserve and strengthen the solidarity and mutual aid among
the different ethnic groups in the locality;
3. To draw up and organize the implementation of
the programs and projects of the province toward the areas of ethnic
minorities, the remote areas, areas lying deep in the hinterland and areas
still facing many difficulties;
4. To organize and direct the implementation of
the policy on religion, the equality among religions before law; the freedom of
belief and religion of the local people; to examine and settle the proposal for
the repair of the worshipping and religious buildings of the local people as
prescribed by law; to combat all acts of encroachment upon the freedom of
belief and religion as well as all acts of misusing belief and religion to act
counter to law and the policies of the State.
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1. Basing itself on the documents of the State
agency of the higher level and the resolutions of the People’s Council of the same level, to
issue decisions and instructions and organize and check their implementation,
to ensure that these documents do not contravene the Constitution, law and the
documents of the State agencies of the higher level;
2. To carry out the wide popularization and
education of law; to organize ,direct and inspect the observance of the
Constitution, law and the documents of State agencies of the higher level and
the resolutions of the People’s
Council of the same level among the State agencies, politico-social
organizations, social organizations, economic organizations, people’s armed forces units and
citizens in the locality;
3. To organize and direct the implementation of
measures to protect the properties of the State, politico-social organizations,
social organizations and economic organizations, to protect the life, freedom,
honor, dignity, properties and other legitimate rights and interests of
citizens;
4. To organize and direct State inspection, to
organize the reception of the people and the settlement of complaints,
denunciations and petitions of citizens as prescribed by law;
5. To organize and direct the execution of
verdicts in the locality as prescribed by law;
6. To organize and direct the management of
residence registration, to carry out notarization and juridical expertise and
management of the lawyers’
association and legal consultancy as prescribed by law;
7. To decide the handling of administrative
violations as prescribed by law.
Article 28.- Concerning
the building of the administration, the State management over the economic
organizations, social organizations and the management of the boundary of
administrative units, the provincial People’s
Committee has the following tasks and powers:
1. To organize and direct the election to the
National Assembly and the People’s
Councils as prescribed by law;
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To organize the training and retraining of the
contingent of public servants and officials of the commune level, raise the
knowledge in State management for the deputies to the People’s Councils of the district and
commune levels as guided by the Government;
To conduct the commendation and the
implementation of the policies and regimes toward the officials and State
employees as prescribed by law;
3. To set up, merge, dissolve, appoint and
assign concrete powers to the specialized agencies and non-business
organizations under the People’s
Committee as prescribed by the Government; to direct and manage the
organization and payrolls of these agencies and organizations;
4. To carry out State management toward these
agencies and units of the central level located in the provincial territory;
5. To allow the establishment, dissolution and
equitization of the State enterprises according to the assignment of
responsibilities by the Government; to grant and revoke the permits to
establish private enterprises, companies with limited liabilities and stock
companies; to allow the economic organizations in the country to set up
representative offices and branches to operate in the provincial territory as
prescribed by law;
6. To allow the founding of associations and
non-governmental organizations as prescribed by law; to manage, guide and
inspect the founding and activities of these organizations as prescribed by
law;
7. To draw up the plan for the delimitation and
adjustment of the boundaries of administrative units of the district and
commune levels and submit the plans to the People’s
Council of the same level for approval before submitting them to the higher
authority for consideration and decision; to draw up the plans for the
delimitation of the boundaries of the administrative units of the provincial
level and submit them to the Peoples
Council of the same level for approval before requesting the Government to
submit them to the National Assembly for consideration and decision;
8. To manage the dossiers, boundary posts,
landmarks and maps of the administrative territory of the province and of the
administrative units in the province as prescribed by law;
9. To submit to the People’s Council for decision the
naming, renaming of the streets, squares and public utility constructions and
the administrative and non-business units in the province as prescribed by the
Government.
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1. To organize the implementation of measures to
develop the role of a major urban center as the economic and social center in
its relations with the localities in the area, the region and the whole country
according to the assignment of responsibilities by the Government;
2. To direct and organize the implementation of
the plans for building the urban infrastructural works; to draw up the overall
plan on urban construction and development and submit it to the People’s Council of the same level for
approval before submitting it to the Government for ratification;
3. To implement policies and measures to create
the financial sources, to raise capital for urban development; to build and
exert unified management of the urban technical infrastructure as prescribed by
law;
4. To directly manage the urban land fund, the
use of the capital derived from this fund in service of the construction of the
urban technical infrastructure as prescribed by law;
5. To manage the urban houses; to manage the
real estate business, to use the capital derived from the dwelling house fund
under State ownership in the city to develop housing in the urban centers; to
inspect the observance of law in the dwelling house construction in urban
centers;
6. To guide and arrange the urban trade and
service network;
7. To draw up the plan and take measures to
provide jobs, to prevent and fight against social evils in the urban centers as
prescribed by law;
8. To organize and direct the use of measures to
manage the population in the city and the organization of life of the urban
population;
9. To organize and direct the task of ensuring
public order, traffic order and the protection of the environment and
landscapes in the urban centers.
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Chapter III
TASKS AND POWERS OF THE PEOPLE’S COUNCIL AND PEOPLE’S
COMMITTEE OF A DISTRICT OR TOWN OR CITY UNDER THE JURISDICTION OF A PROVINCE
Section 1. TASKS AND
POWERS OF THE PEOPLE’S
COUNCIL OF A DISTRICT OR TOWN OR CITY UNDER THE JURISDICTION OF A PROVINCE
Article 31.- In the
economic domain, the district People’s
Council shall:
1. Decide the annual plan for socio-economic
development of the locality according to the general plan already ratified by
the competent agency; adopt policies and measures to bring into full play the
potentials of all economic sectors in the locality, ensure the autonomy in
production and business of the economic establishments as prescribed by law;
2. To draft and allocate the local budget; to
ratify the budget statement of accounts of the locality; adopt policies and
measures to execute the local budget; readjust the draft budget of the locality
when necessary;
3. To adopt measures to distribute the labor
force and population in the locality;
4. To adopt measures to ensure the fulfillment
of the programs for promotion of agriculture, forestry and fisheries and
development of industry, small industries and handicrafts;
5. To adopt policies and measures to build and
develop the cooperatives in the locality;
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7. To draw up the general plan for water
conservancy and take measures to protect the dykes and other water conservancy
works, to protect the forests as prescribed by law;
8. To draw up the general plan for the
development of the communes and townships and the transport network of the
district;
9. To take measures to carry out the policy of
thriftiness in State management activities and to fight against corruption and
smuggling.
Article 32.- Concerning
culture, education, social affairs and the people�s life, the district
People�s Council shall decide:
1. Measures to develop culture, literature and arts,
education, medical care, physical culture, sports and radio broadcasting as
ratified by the competent authority;
2. Measures to educate the youth, protect, care
for and educate youngsters and children; to build a civilized way of life and
cultured families, to carry out education about the fine ethical traditions, to
preserve the fine customs and habits of the nation, to prevent and combat
social evils and other unhealthy manifestations in social life in the locality;
3. Measures to protect and care for the people’s health, to prevent and fight
against diseases and epidemics, to care for the old persons, invalids, helpless
orphans, mothers and children; to carry out the population policy and family
planning;
4. Measures to carry out the policy of preferential
treatment, care and assistance to the war invalids and diseased armymen, the
families of fallen heroes, the persons and families who have done meritorious
services to the country; measures to carry out the policy of social insurance,
social relief, to eradicate famine and alleviate poverty;
5. Measures to preserve, maintain and repair the
cultural and artistic works , historical and cultural relics and beautiful
landscapes as assigned by the provincial authorities.
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1. Measures to apply scientific and
technological advances, develop the innovations to improve techniques in
service of production and the people�s life in the
locality;
2. Measures to protect and improve the
environment in the locality as prescribed by law; measures to prevent and fight
against natural calamities, storms and floods, and overcome their consequences;
3. Measures to implement the regulations of law
about the criteria of measurement and product quality, prevent the production
and circulation of faked goods in the locality, protect the interests of
consumers.
Article 34.- In the
domain of national defense, public security and order and social safety, the
district People’s Council
shall decide:
1. Measures to carry out the task of building
the armed forces and the national defense of the entire people, ensure the
enforcement of the military service regime, build the reserve forces, carry out
the tasks of on-the-spot supply for the army, the policies regarding the rear
of the army and the policies regarding the people’s
armed forces in the locality; measures to combine defense with economy and
economy with defense;
2. Measures to carry out the task of preserving
public secutity and order and social safety, measures to prevent and combat
crime and other law breaking acts in the locality.
Article 35.- In the
carrying out of the policy on nationalities and the policy on religion, the
district People’s Council
shall decide:
1. The tasks of implementing the programs and
projects on socio economic development of the province with regard to the areas
inhabited by ethnic minorities, the remote regions, areas lying deep in the
hinterland and areas still meeting with many difficulties.
2. Measures to ensure the implementation of the
policies on nationalities and the policy on religion as prescribed by law;
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1. Measures to ensure the implementation of the
Constitution, laws and the documents of the higher State agencies, the
politico-social organizations, social organizations, economic organizations,
people’s armed forces units
and citizens in the locality;
2. Measures to protect the life, property,
freedom, honor, dignity and the other legitimate rights and interests of
citizens;
3. Measures to protect the properties and
interests of the State, protect the properties of the politico-social
organizations, social organizations and economic organizations in the locality;
4. Measures to ensure the settlement of
complaints, denunciations and petitions of citizens as prescribed by law.
Article 37.- In the
domain of building the local administration and managing the administrative
boundary, the district People’s
Council shall:
1. Elect, relieve from office or dismiss the
Chairman and Vice-Chairmen of the People’s
Council, the President, Vice-Presidents and other members of the People’s Committee, the Heads of
commissions and other members of the commissions of the People’s Council; elect, relieve from
office or dismiss the People’s
Assessor of the People’s
Court of the same level as prescribed by law;
2. Dismiss the deputies to the People’s Council, accept the
resignation from office of deputies to the Peoples
Council of the same level as prescribed by law;
3. Abrogate the wrong decisions of the People’s Committee of the same level;
abrogate or ask modifications to the wrong resolutions of the People’s Council of the immediate lower
level;
4. Decide to dissolve the People’s Council of the lower level in
case the latter causes serious damage to the interests of the people, and
submit the decision to the provincial People’s
Council for approval before it takes effect;
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Article 38.- In the
supervisory activities, the district People’s
Council shall:
1. Supervise the activities of the Standing
Committee of the People’s
Council, the People’s
Committee, the People’s
Court and the People’s
Procurate of the same level; supervise the implementation of the resolutions of
the People’s Council in the
domains defined in Articles 31, 32, 33, 34, 35, 36 and 37 of this Ordinance;
Supervise the observance of law by the State
agencies, the politico-social organizations, social organizations, economic
organizations, people’s
armed forces units and citizens in the locality;
2. Examine the reports of the Standing Committee
of the People’s Council,
the People’s Committee, the
People’s Court, the People’s Procurate of the same level;
examine the answers to the questions of the questioned persons as provided for
in Article 24 of the Law on Organization of the People’s
Councils and People’s
Committees (amended);
3. When necessary, it shall ask the Standing
Committee of the People’s
Council, the commissions of the Council and its deputies to help the Council to
supervise the enforcement of law, the resolutions of the People’s Council of the same level and
report it to the People’s
Council at the nearest session;
In the process of supervision, the Standing
Committee of the People’s
Council, its commissions and deputies are entitled to ask the State agencies,
politico-social organizations, social organizations and economic organizations
of the same level to provide necessary documents and information; when
irregularities are detected, it is entitled to ask these agencies and organizations
to examine and settle according to their competence.
The concerned competent agencies and
organizations shall have to create conditions for the People’s Council, its Standing
Committee and commissions and deputies to carry out the tasks and powers of supervision
as prescribed by law.
Article 39.- The
district People’s Council
on the offshore islands shall carry out the tasks and powers as defined in
Articles 31, 32, 33, 34, 35, 36, 37 and 38 of this Ordinance and also the
following tasks and powers:
1. To decide measures to build and develop the
district in all fields; measures to administer and defend the islands and sea
areas as prescribed by law;
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3. To perform other tasks and powers as
prescribed by the Government.
Article 40.- The
district Peoples Council shall
perform the tasks and powers as defined in Articles 31, 32, 33, 34, 35, 36, 37
and 38 of this Ordinance and decide measures to ensure unified implementation
of the socio-economic development plan and the general urban plan of the city.
Article 41.- The People’s Council of the town or city
under provincial jurisdiction shall perform the tasks and powers as defined in
Articles 31, 32, 33, 34, 35, 36, 37 and 38 of this Ordinance and also the
following tasks and powers:
1. To adopt the overall plan on urban
construction and development of the towns and cities in the province on the
basis of the general plan of the province and submit it to the higher Peoples Committee for ratification;
2. To decide the plan on the construction of the
urban infrastructure of the towns and cities in the province;
3. To decide measures to ensure public order,
traffic order and protect the environment and landscapes in the towns and
cities in the province;
4. To decide measures to manage the urban
population and organize the life of the population in the towns and cities in
the province.
Section 2. TASKS AND
POWERS OF THE PEOPLE’S
COMMITTEE OF A DISTRICT OR TOWN OR CITY UNDER THE JURISDICTION OF A PROVINCE
Article 42.- Concerning
planning, budget and finance, the district People’s
committee has the following tasks and powers:
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2. On the budget, the district People’s Committee shall:
a/ Work out the draft budget and the plan for
allocation of the local budget, the plan for readjustment of the local budget
in case of necessity to submit to the People’s
Council of the same level for decision and report it to the immediate higher
State administrative and financial agencies;
b/ To draw up the statement of accounts of the
local budget and submit it to the People’s
Council of the same level for ratification and report it to the immediate
higher State administrative and financial agencies;
c/ To examine the resolutions of the People’s Councils of the communes or
townships on the draft budget and budget statement of accounts;
d/ Basing itself on the resolutions of the People’s Council of the same level, to
assign the task of budget revenue and expenditures of each dependent agency and
unit; the revenue and expenditure task and the additional allocation to the
budget of the lower level;
e/ To organize the implementation of the local
budget;
f/ To coordinate with the higher State agency in
the management of the State budget in the territory of the district;
g/ To report on the State budget as prescribed
by law;
3. To ratify the economic and social plans of
the communes and townships;
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5. To direct and control the tax agency and the
agency assigned by the State the task of budget revenue in the locality; to
ensure right budget collection and full and timely remittance to the budget as
prescribed by law.
Article 43.- In the
domains of agriculture, forestry, fisheries, water conservancy and land, the
district People’s Committee
has the following tasks and powers:
1. To work out and submit to the People’s Council of the same level for adoption
the programs of promotion of agriculture, forestry and fisheries on the basis
of the programs of the province and organize the implementation of these
programs;
2. To direct the People’s
Committees of the communes and townships in carrying out measures to
restructure the economy in order to develop agriculture, protect the forests,
afforest and exploit forest products, develop the various methods and branches
of fisheries, in raising and processing aquatic and maritime products as
prescribed by the higher level;
3. To work out the general plan and plans for
use of land in the locality and submit them to the People’s Council of the same level for
approval before submitting them to the provincial People’s
Committee for ratification; to ratify the general plan and plans for use of
land submitted by the People’s
Committees of the communes and townships; to exercise its competence in the
allotment and retrieval of land, in leasing land and settling land disputes, to
inpect the land and perform other tasks as prescribed by law; to inventorize,
check and monitor the use of the land fund in the locality;
4. To work out the general plan for water
conservancy; to organize the protection of dykes and medium and small water
conservancy projects as prescribed by law; to manage the irrigation system in
the district.
Article 44.- In the
domain of industry, small industries and handicrafts, the district People’s Committee has the following
tasks and powers:
1. To join the provincial authorities in the
elaboration of the general plan and plans for the development of industry,
small industries and handicrafts in the district;
2. To build and develop industrial, small
industries and handicraft and service establishments in the communes and
townships; to develop the establishments for processing agricultural, forestry
and aquatic products and other industrial establishments under the guidance of
the provincial People’s
Committee;
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Article 45.- Concerning
construction and communication and transport, the district Peoples Committee has the following tasks and
powers:
1. To organize the elaboration, propose the
adoption or adopt according to its jurisdiction the general plan for the
building of townships and rural population centers in the district; to manage
the implementation of the general plan on construction already ratified;
2. To manage, exploit and use the urban
infrastructures, to manage the rural population centers in the district as
assigned by the provincial People’s
Committee;
3. To manage the construction, issue permits for
construction and inspect the implementation of law in construction;
4. To organize the implementation of the
policies on housing; to manage residential land and the housing fund under
State ownership in the district as assigned by the provincial People’s Committee;
5. To manage the exploitation, production and
trade in building materials as assigned by the provincial People’s Committee.
Article 46.- Concerning
trade, service and tourism, the district People’s
Committee has the following tasks and powers:
1. To set up and develop the trade, service and
tourist network in the locality;
2. To inspect the observance of the regulations
on safety and hygiene in commercial activities in the locality;
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Article 47.- Concerning
culture, education, social affairs and the peoples
life, the district Peoples
Committee has the following tasks and powers:
1. To work out programs and projects for
development of culture, education, healthcare, physical culture, sports and
radio broadcasting in the district, and organize their implementation after
their ratification by the authorized level;
2. To organize the implementation of the
regulations of law on the universalization of education, to manage the primary
schools, basic secondary schools and job training schools; to set up infant
schools; to carry out the policy of socialization of education in the district,
to eradicate illiterary; to carry out the prescriptions on the criteria of
teachers and the regulations on examinations;
3. To guide and direct the mass cultural, art
and literature, physical training and sports movement, and build a civilized
lifestyle and cultured families;
4. To manage the public utility works assigned
to it; to guide the cultural movement and the activities of the physical training
and sport centers; to protect the historical and cultural relics and the
beautiful landscapes;
5. To organize the implementation of the plan
for healthcare already ratified; to manage the medical centers and stations; to
direct and guide the protection of the peoples
health, to prevent and fight against epidemics, to protect and care for the old
persons, the disabled, helpless orphans, to protect and care for mothers and
children; to carry out the policy on population and family planning;
6. To inspect law observance in the activities
of the private medical and pharmaceutical establishments, the printing, copying
and distribution of printed matters;
7. To organize and direct job training and the
settlement of unemployment among the working people; to organize the movement
of eradication of famine and alleviation of poverty; to guide the humanitarian
and charitable activities;
8. To carry out and guide the implementation of
the policies and regime of the State with regard to the war invalids, diseased
soldiers, families of fallen heroes, and the persons and families having done
meritorious services to the country.
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1. To take measures to apply scientific and
technological advances in service of production and the people’s life in the locality;
2. To organize the protection of the
environment, to prevent and fight against natural calamities, storms and floods
and overcome their consequences;
3. To organize the implementation of the
prescriptions of law concerning the criteria on measurement and product
quality; to inspect the quality of products and commodities in the district; to
prevent the production and circulation of faked goods in the locality.
Article 49.- In the
domain of national defense, the district People’s
Committee has the following tasks and powers:
1. To launch a mass movement to take part in the
building of the armed forces and national defense of the entire people; to
carry out the plan of building the district defense zone; to manage the reserve
force; to direct the building of the militia and self-defense force and the
training of these forces.
2. To organize the implementation of the
military service regime; to organize the registration for military service and
medical check and recruitment; to decide the recruitment, delivery of the new
recruits, the deferment or exemption of military service duty and handle the
violations of the miliary service regime as prescribed by law;
3. To carry out the tasks of on-the-spot supply
for the army, the policy of the rear toward the army, and the policy toward the
people’s armed forces in
the locality.
Article 50.- Concerning
security, public order and social safety, the district People’s Committee has the following
tasks and powers:
1. To organize the execution of the task of
maintaining public security and order and social safety, to build strong people’s security force, protect the
State secrets, prevent and fight against crime, social evils and other law-
breaking acts in the locality;
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3. To educate and mobilize the population to
take part in the movement to preserve public security and order and social
safety.
Article 51.- On the
implementation of the policy on nationalities and the policy on religion, the
district People’s Committee
has the following tasks and powers:
1. To conduct wide popularization and education
about the policy and law on nationalities and religion; to direct the
implementation of the policy on nationalities and the policy on religion in the
locality;
2. To organize the execution of the tasks
assigned concerning the programs, plans and projects for socio-economic
development of the province with regard to the areas inhabited by the ethnic
minorities, the remote areas, areas lying deep in the hinterland and the areas
still facing many difficulties;
3. To guide and inspect the People’s Committees of the communes and
townships in the realization of the policies and measures of the State and the
higher authorities aimed at assuring the implementation of the policy on
religion, equality of the religions before law, the freedom of belief and
religion, the right of citizens in the locality to adopt or not to adopt any
religion as prescribed by law;
4. To fight against all acts of violation of the
freedom of belief and religion, or misusing the freedom of belief and religion
to act counter to the prescription of law and the policy of the State as
prescribed by law.
Article 52.- Regarding
the enforcement of law, the district People’s
Committee has the following tasks and powers:
1. Basing itself on the documents of the higher
State agencies and the resolutions of the Peoples
Council of the same level, to issue decisions and instructions and organize and
inspect their implementation;
2. To organize the wide popularization and
education of law, inspect the observance of the Constitution, laws and
documents of the higher State agencies and the resolutions of the Peoples Council of the same level;
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4. To direct the carrying out of the population
registration in the locality;
5. To organize and direct the execution of
verdicts as prescribed by law;
6. To organize and direct the State inspectoral
and supervisory work; to organize the reception of the people, settle in time
the complaints and denunciations and petitions of citizens; to guide and direct
the reconciliation work in the communes and townships;
7. To decide the handling of the administrative
violations as prescribed by law.
Article 53.- On the
building of the administration and exercise of State management over the
economic organizations and the management of the boundary of administrative
units, the district People’s
Committee has the following tasks and powers:
1. To organize the election to the National
Assembly and the People’s
Council as prescribed by law;
2. To propose to the provincial People’s Committee to decide the
establishment, merger and dissolution of the specialized agencies of the People’s Committee;
3. To manage the organization, personnel, labor
and salary as assigned by the Government; to organize the commendation, carry
out the policies and regimes regarding officials and State employees in the
territory as prescribed by law;
4. To exercise State management over the
production and business establishments in the territory as prescribed by law;
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6. To manage the dossiers, boundary posts and
landmarks, and territorial boundaries of the district;
7. To work out the plan for delimitation and
readjustment of the boundary of administrative units in the locality and submit
them to the People’s
Council of the same level for approval before submitting them to the higher
authority for consideration and decision.
Article 54.- The
district People’s Committee
on the offshore islands shall perform the tasks and powers as defined in
Articles 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53 of this Ordinance
and also the following tasks and powers:
1. To organize the implementation of the
resolutions of the People’s
Council on the building and development of the district in all fields, with
emphasis on the planting, raising and exploitation and protection of the
maritime products, and the prevention and fight against natural calamities;
2. To organize the life of the population, to
care for the development of education, healthcare and the cultural life of the
district;
3. To coordinate with the various forces in the
management and defense of the island and the sea area;
4. To perform the other tasks and powers as
prescribed by the Government.
Article 55.- The
district People’s Committee
shall perform the tasks and powers as defined in Articles 42, 43, 44, 45, 46,
47, 48, 49, 50, 51, 52 and 53 of this Ordinance and also the following tasks
and powers:
1. To organize the implementation of the
measures to ensure the unified realization of the economic-social plan and the
urban general plan of the city;
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3. To manage and control the use of the public
utility constructions on its territory as assigned by the city;
4. To organize the implementation of the
prescriptions of law on the prevention and fight against fires.
Article 56.- The Peoples Committees of the towns and cities
under the jurisdiction of the province shall perform the tasks and powers as
defined in Articles 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, and 53 of this
Ordinance and also the following tasks and powers:
1. To implement the resolutions of the People’s Council on the overall plan of
urban construction and development of the towns and cities under the
jurisdiction of the province on the basis of the common plan, the plan of
building technical infastructural works in urban areas, measures to assure
public order and traffic order, protect the environment and the beautiful
landscapes of the urban areas; measures to manage the urban population and
organize the life of the population on the territory;
2. To manage and inspect the use of the housing
fund under State ownership on the territory as assigned by the Government, to
organize the implementation of the decision on handling violations in the
domain of construction and the misappropriation of land as defined by law, to
decide to suspend or dismantle according to its competence the construction
projects which have no permits or are contrary to the permits;
3. To manage and inspect the use of public
utility works assigned to it on the territory; to build State-general schools
of various degrees and public utility works such as lighting, water supply and
drainage systems, in-town traffic, traffic safety and urban hygiene;
4. To manage the cultural, information, physical
training and sport establishments of the towns and cities under the province’s jurisdiction; to protect the
historial, cultural relics and beautiful landscapes under the management of the
towns and cities under provincial jurisdiction;
5. To guide and inspect and organize the
implementation of the prescriptions of law on the prevention and fight against
fires.
Chapter IV
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Section 1. TASKS AND
POWERS OF THE PEOPLE’S
COUNCIL OF THE COMMUNE, WARD AND TOWNSHIP
Article 57.- In the
economic domain, the People’s
Council of the commune or township shall:
1. Decide measures for annual economic and
social development aimed at developing all potentials of the locality;
2. Draft and allocate the local budget; adopt
the budget statement of accounts of the locality; decide measures to use the
local budget; readjust the local draft budget in case of necessity;
3. Adopt the general plan and plans to use land
in the locality; measures to manage and make rational and effective use of the
land fund which it is allowed to keep in service of the public utility needs of
the locality;
4. Take measures to encourage and motivate the
farmers to restructure the economy, the crops and domestic animals according to
the common general plan;
5. Take measures to carry out the program of
encouraging the development of agriculture, forestry, fisheries, small
industries and handicrafts under the guidance of the higher State agency;
6. Take measures to build and develop the
cooperatives and the cooperative groups in the locality; to motivate the
population to join the cooperatives;
7. Take measures to manage, use and protect the
water resources and the water conservancy projects under the guidance of the
higher level; to prevent and fight against natural calamities, storms and floods
and overcome their consequences, to protect the forests, reinforce and protect
the dykes in the locality;
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9. Take measures to carry out the policy of
thriftiness and fighting against corruption and smuggling.
Article 58.- In the
domain of culture, education, social affairs and life, the Peoples Council of the commune or township
shall :
1. Take measures to develop culture, education
in the locality, to ensure the necessary conditions for the children to attend
the first form at the right age, to complete the program of universalization of
education; to organize the infant schools, conduct complementary education and
eradication of illiteracy in the prescribed age groups;
2. Take measures to educate the youth, to
protect, care for and educate the youngsters and children; to build a civilized
lifestyle and cultured families, conduct education about the fine ethical
traditions, preserve the fine customs and habits of the nation; to prevent the
propagation of reactionary and depraved culture, to combat superstition and
harmful customs and habits, prevent and fight against social evils and other
unhealthy manifestations in the social life in the locality;
3. Take measures to develop the cultural,
literary and artistic, physical training and sport activities, to guide the
holding of traditional festivals; to protect the historical and cultural relics
and the beautiful landscapes in the locality;
4. Take measures to ensure hygiene, prevent and
fight against epidemics, carry out effectively the primary healthcare program,
the population program and family planning;
5. Take measures to carry out the policies and
regimes toward war invalids, diseased armymen, families of fallen heroes, the
persons and families having done meritorious services to the country, carry out
and take measures to motivate the population to assist the needy families, old
persons, the disabled, helpless orphans, organize the care for the
beneficiaries; measures to eradicate famine and alleviate poverty.
Article 59.- In the
domains of defense, public security and social order and safety the Peoples Council of the commune or township
shall:
1. Take measures to perform the tasks of
building the defense of the entire people; ensure the enforcement of the
military service regime, build the militia and self-defense forces in the
locality;
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3. Take measures to ensure the tasks of
maintaining public security and order and social safety; to prevent and fight
against crime, and other law breaking acts in the locality;
4. Take measures to ensure public order and
social safety.
Article 60.- In the
implementation of the policy on nationalities and the policy on religion, the
Peoples Council of the commune or
township shall:
1. Take measures to ensure the observance of the
policy on nationalities, to improve the material and spiritual life, raise the
cultural standard of the people of ethnic minorities; to ensure the equality
among the nationalities, to preserve and strengthen the solidarity and mutual
assistance among the nationalities in the locality;
2. Take measures to ensure the implementation of
the policy on religion and the freedom of belief and religion of the local
population as prescribed by law.
Article 61.- In the
domain of law enforcement, the People’s
Committee of commune or township shall decide:
1. Measures to ensure the observance of the
Constitution, laws, and documents of higher State agencies in the locality;
2. Measures to protect the life, properties, freedom,
honor, dignity and other legitimate rights and interests of citizens;
3. Measures to protect State properties and
interests, protect the properties of politico-social organizations, social
organizations and economic organizations in the locality;
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Article 62.- In the
domain of building the local administration and management of the
administrative boundary, the People’s
Council of commune or township shall:
1. Elect, relieve from office and dismiss the
Chairman and Vice-Chairman of the People’s
Council, the President, Vice-Presidents and other members of the People’s Committee of the same level;
2. Dismiss the deputies to the People’s Council and accept the
resignation of the deputies to the Peoples
Council of the same level as prescribed by law;
3. Abrogate the wrong decisions of the People’s Committee of the same level;
4. Adopt the plan for delimitation and
readjustment of the administrative boundary in the locality and submit it to
the higher authority for consideration and decision.
Article 63.- In its
supervisory activities, the People’s
Committee of commune or township shall:
1. Supervise the activities of the President and
Vice-Presidents of the People’s
Committee of the same level; supervise the implementation of the resolutions of
the People’s Council of the
same level concerning the domains defined in Articles 57, 58, 59, 60, 61 and 62
of this Ordinance; supervise the law observance by the State agencies,
politico-social organizations, social organizations, economic organizations,
people’s armed forces units
and citizens in the locality;
2. Examine the reports of the Chairman of the
People’s Council and the President
of the People’s Committee
of the same level; examine the answers to the questions by the questioned
persons as provided for in Article 24 of the Law on Organization of the People’s Councils and People’s Committees (amended).
3. In case of necessity, it shall assign to the
Chairman of the People’s
Council and the deputies to the People’s
Council the task to assist the Council in supervising the enforcement of law
and the implementation of the resolutions of the People’s
Council of the same level and report it to the nearest session of the People’s Council;
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The concerned agencies and organizations shall
have to create conditions for the People’s
Council and the Chairman and deputies to the Council to perform their
supervisory tasks and powers as prescribed by law.
Article 64.- The People’s Council of wards shall perform
the tasks and powers as defined in Articles 57, 58. 59, 60, 61 62 and 63 of
this Ordinance and also have to:
1. Take measures to ensure unified
implementation of the urban socio-economic development plan and urban planning;
2. Take measures to carry out the building of a
civilized urban lifestyle, prevent and fight against social evils, preserve
order and hygiene, keep the streets, roadbeds and pavements clean and
beautiful, protect public order and beautiful landscapes of the urban areas;
3. Take measures to organize and manage the
urban population in the ward.
Section 2. TASKS AND
POWERS OF THE PEOPLE’S
COMMITTEE OF COMMUNE, WARD AND TOWNSHIP
Article 65.- Concerning
the plan, budget and finance the People’s
Committee of commune or township has the following tasks and powers:
1. To work out the annual plan for
socio-economic development and submit it to the People’s
Council of the same level for adoption before submitting it to the district
People’s Committee for
ratification and to organize the implementation of that plan;
2. Concerning the budget, the People’s Committee of the commune or
the township shall:
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b/ To draw up the budget statement of accounts
of the locality, submit it to the People’s
Council of the same level for approval and report it to the immediate higher
State administrative and financial agencies;
c/ Basing itself on the resolution of the People’s Council of the same level to
assign the task of budget revenue and expenditure for each dependent agency and
unit;
d/ To organize the implementation of the local
budget;
e/ To coordinate with the higher State agency in
the management of the State budget in each domain in the commune and township;
f/ To report on the State budget as prescribed
by law.
3. To coordinate with the related agencies in
collecting taxes in the locality; ensure correct collection, full and timely
remittance of the taxes and other revenues in the locality as prescribed by
law;
4. To mobilize the contributions of the
organizations and individuals in order to invest in the construction of infrastructural
works of the commune and township on the basis of voluntariness. The management
of this contribution must be transparent, subject to control and inspection and
its use must conform with the objective and regimes as prescribed by law.
Article 66.- Concerning
agriculture, forestry, fisheries and water conservancy the Peoples Committee of the commune or township
has the following powers and tasks:
1. To organize and direct the implementation of
the programs, plans and projects on promotion of agriculture, forestry and
fisheries as prescribed by the higher authorities;
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3. To organize the building of small water
conservancy works of the commune and township; to organize the reinforcement
and protection of the dykes and to protect the forests; to prevent and fight
against natural calamities, storms and floods, and overcome their consequences;
to check in time law-breaking acts in order to protect the dykes and the
forests in the locality;
4. To work out the general plan and the plan for
use of land in the commune or township and submit them to the Peoples Council of the same level for adoption
before submitting them to the Peoples
Committee at the district level for ratification; to manage and make rational
and effective use of the land fund which is left to it in service of the public
utility needs of the locality; to inventorize and monitor the land situation in
the territory; to inspect the management and use of land in the locality; build
and manage public utility works, roads, offices, schools, medical stations,
power and water supply works according to the ratified general plan;
5. To manage, inspect and protect the use of the
water resources in the territory as prescribed by law.
Article 67.- Concerning
small industries and handicrafts, the People’s
Committee of the commune or township has the following tasks and powers:
1. To organize the guidance for the exploitation
and development of the traditional crafts and trades in the locality;
2. To organize the implementation of measures to
apply scientific and technological advances in order to develop new trades and
crafts aimed at providing jobs and improve the working and living conditions of
the working people, improve the life of the population in the locality.
Article 68.- Concerning
communication, the People’s
Committee of the commune or township has the following tasks and powers:
1. To organize the building and repair of roads
in the commune;
2. To organize the protection, inspection, and
handling the law breaking acts against the roads and other infrastructural
works in the locality as prescribed by law;
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Article 69.- Concerning
trade and services the People’s
Committee of the commune or township has the following tasks and powers:
1. To manage and arrange the markets and other
trade and service centers in the locality;
2. To manage the service and small trade
activities in the locality as prescribed by law;
3. To coordinate with the concerned agencies in
the fight against smuggling, tax evasion, production and circulation of faked
goods in the locality.
Article 70.- Concerning
culture and education, the People’s
Committee of the commune or township has the following tasks and powers:
1. To carry out the plan on development of
education in the locality;
2. To coordinate with the schools in organizing
the registration and mobilization of children into the first form at the right
age, and complete the program of universalization of education; to organize the
holding of complementary education classes, to eradicate illiteracy among the
persons in the prescribed age group;
3. To organize the building and to manage and
inspect the activities of the kindergartens and infant classes in the locality;
4. To coordinate with the above State
administrative offices in managing the primary schools and the basic secondary
schools in the locality;
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Article 71.- Concerning
social affairs and life, the People’s
Committee of the commune or township has the following tasks and powers:
1. To organize and manage the commune medical
station; to organize the carrying out of the programs of primary healthcare,
population and family planning assigned to it; to motivate the population to
observe hygiene; to prevent and fight against epidemics;
2. To organize the implementation of the
policies and regimes toward war invalids, diseased armymen, families of fallen
heroes and families having done meritorious services to the country; to carry
out social relief, humanitarian and charitable activities in the locality and
motivate the population to assist needy families, old persons, the disabled and
helpless orphans; to organize different forms of catering and attending to the
persons beneficiaries of entitlement policies;
3. To manage, protect and repair the cemetery of
fallen heroes; to plan and manage the cemeteries in the locality.
Article 72.- Concerning
national defense, the People’s
Committee of the commune or township has the following tasks and powers:
1. To organize popular military training, to
carry out education about the need to build a national defense of the entire
people, to build the combat village and commune in the local defense area;
2. To carry out the military service duty and
army recruitment according to plan; to register and manage the reserve force;
to organize the building, training and use of the militia and self-defense
force in the locality;
3. To carry out the task of on-the-spot supply,
to implement the policy of the rear of the army and the policy toward the peoples armed forces in the locality.
Article 73.- Concerning
public security and order and social safety, the People’s
Committee of the commune or township has the following tasks and powers:
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2. To manage the population registration, to
organize the registration of temporary residence, manage the movement of
foreigners in the locality;
3. To organize or coordinate with the
specialized agencies in the execution of verdicts, to organize the
implementation of the decision on the handling of administrative violations as
prescribed by law.
Article 74.- Concerning
the implementation of the policy on nationalities and the policy on religion,
the People’s Committee of
the commune or township has the following tasks and powers:
1. To carry out the policy on nationalities and
the policy on religion;
2. To ensure the freedom of belief and freedom
of religion of the local population as prescribed by law.
Article 75.- Concerning
law enforcement, the People’s Committee of the commune or township has the
following tasks and powers:
1. Basing itself on documents of higher State
agencies and the resolutions of the People’s
Council of the same level, to issue decisions and instructions and organize the
implementation and inspect the implementation of these documents;
2. To organize the implementation of measures to
carry out the Constitution, laws and documents of higher State agencies and the
resolutions of the People’s
Council of the same level;
3. To organize the propagation and education of
law in the locality;
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5. To organize the population registration as
prescribed by law;
6. To take measures to protect the properties of
the State, politico-social organizations, social organizations, and economic
organizations; to protect the life, freedom, honor, dignity, properties, and
other legitimate rights and interests of citizens in the locality;
7. To inspect the observance of law in the
territory;
8. To organize the reception of the population,
examine and settle the complaints, denunciations and petitions of citizens
according to its competence;
9. To handle administrative violations as
prescribed by law.
Article 76.- Concerning
the building of the administration and the management of administrative
boundary, the People’s
Committee of the commune or township has the following tasks and powers:
1. To organize and hold the elections to the
National Assembly and the People’s
Council as stipulated by law;
2. To compile the dossier on the delimitation
and readjustment of the administrative boundary in the locality and submit it
to the People’s Council of
the same level before submitting it to the higher authority for examination and
decision;
3. To manage the dossier, land marks and
administrative boundary of the locality.
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1. To organize the implementation of the
resolutions of the People’s
Council of the ward concerning the uniform realization of the economic and
social plan and the general urban plan, the building of a civilized urban life,
to prevent and fight against social evils, to maintain order and hygiene, to
keep the streets, roadbeds and pavements clean and beautiful, to preserve
public order and urban landscapes; to manage the urban population in the ward;
2. To inventorize and monitor the land situation
in the ward, to inspect the use of land by the organizations and individuals in
the ward as prescribed by law;
3. To protect the technical infrastructure in
the ward; to prevent and handle the violations against the technical
infrastructural works as prescribed by law; to control the permits of
construction of organizations and individuals in the ward; to censure by a
written record, suspend the constructions, repairs and transformations without
permits or contrary to the permits and report it to the authorized State agency
for consideration and decision.
Chapter V
IMPLEMENTATION PROVISIONS
Article 78.- This
Ordinance takes effect on the date of its promulgation.
The earlier regulations which are contrary to
this Ordinance are now annulled.
The Government shall guide the implementation of
this Ordinance.
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ON BEHALF OF
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh