This Law stipulates the organization and operation of local administration in Vietnam, including levels from central to commune. It clearly sets forth the principle of collective leadership and individual responsibility in decision-making and implementation. It also specifies the organizational structure of administrative committees at different levels, the powers and responsibilities of each level, as well as the relationship between administrative committees and specialized agencies.
Scope of application
This Law applies to all administrative units of local government from central to commune level in Vietnam.
Key points
- Provisions on the organization and election of People's Councils and Administrative Committees at different levels
- Principles of operation of Administrative Committees: collective leadership, individual responsibility
- Relationship between Administrative Committees and specialized agencies
- Powers and responsibilities of each level of local government
- Detailed rules on the organization and election of local government
🌐 Social impact of this document
- Establishing a legal foundation for the activities of local government
- Ensuring democratic principles in elections and decision-making at the local level
- Enhancing the effectiveness of state management at the local level
- Protecting the legitimate rights and interests of citizens
❓ Frequently asked questions
Does this Law provide provisions on the organization of the People's Council?
Yes, this Law provides detailed provisions on the structure and tasks of the People's Council at different levels.
What principle does the Administrative Committee operate under?
The Administrative Committee operates under the principle of collective leadership and individual responsibility.
Who does the specialized agencies alongside the Administrative Committee report to?
They report to the unified leadership of the same-level Administrative Committee and simultaneously to the leadership of the higher-level specialized agency regarding professional matters.
Full text
LAW
LOCAL ADMINISTRATIVE ORGANIZATION
(APPROVED BY THE NATIONAL ASSEMBLY AT THE SESSION ON APRIL 29, 1958)
CHAPTER ONE
ORGANIZATIONAL SYSTEM
Article 1.
Local administrative organization shall be as follows:
Autonomous regions, centrally-administered cities, provinces, prefectures, provincial-level cities, towns, communes, and townships shall have People's Councils (PC) and Administrative Committees (AC).
Counties shall have Administrative Committees.
Neighborhoods in large cities and towns may have Neighborhood Administrative Boards. The organization, tasks, powers, and working procedures of Neighborhood Administrative Boards shall be prescribed by the Prime Minister.
Article 2.
Cities may divide into neighborhoods with People's Councils and Administrative Committees. Conditions for establishing neighborhoods with People's Councils and Administrative Committees and their organization, tasks, and powers shall be prescribed by the Government Council.
CHAPTER TWO
TO THE PEOPLE'S COUNCIL AT ALL LEVELS
PART 1
Article 7. National Universities have legal personality, bear the national emblem seal, and have separate bank accounts.
Article 3.
At each level, the People's Council is the state power organ at the local level, elected by the people.
The number of representatives of each level of People's Council and the method of election shall be regulated by the election law.
Article 4.
The term of the People's Council of autonomous regions, centrally-administered cities, and provinces is three years.
The term of other levels of People's Council is two years.
Article 5.
During the term, if a representative of any level of People's Council cannot fulfill their duties due to any reason, the voters who elected that representative will elect a replacement.
PART 2
TASKS AND POWERS
Article 6.
Within the scope of the locality and within the scope of their authority, based on the general tasks of the state and the needs of the locality, the People's Council leads all aspects of work and activities, and decides all state affairs within the scope of the locality under the centralized and unified leadership of the central government.
Article 7.
Within the scope of the locality and within the scope of the regulations, the People's Councils of autonomous regions, centrally-administered cities, provinces, prefectures, and provincial-level cities shall have the following tasks and powers:
1) Ensuring respect and compliance with state laws and resolutions of higher levels.
2) Issuing resolutions to implement within the scope of the locality.
Resolutions subject to review by higher levels according to regulations must be approved by the competent authority before issuance.
3) Based on the overall plan of the state, deciding plans for economic construction, cultural construction, social work, and public welfare undertakings.
4) Based on the overall plan of higher levels, deciding matters related to the construction of the military and national defense consolidation in the locality.
5) Reviewing and approving the budget estimates and final accounts.
6) Electing members of the Administrative Committee at their own level.
7) Reviewing reports on work of the Administrative Committee at their own level.
8) Amending or revoking inappropriate resolutions of the Administrative Committee at their own level, of the People's Council, and of lower-level Administrative Committees.
Reviewing resolutions of lower-level People's Councils and Administrative Committees in cases prescribed by regulations.
9) Protecting public property.
10) Protecting public order and security.
11) Ensuring citizens' rights and equality among ethnic groups.
In implementing the above tasks and powers, People's Councils of autonomous regions shall exercise the rights of autonomous regions according to the law.
Article 8.
Within the scope of the locality and within the scope of the regulations, the People's Councils of towns, communes, and townships shall have the following tasks and powers:
1) Ensuring respect and compliance with state laws and resolutions of higher levels.
2) Issuing resolutions to implement within the scope of the locality.
Resolutions subject to review by higher levels according to regulations must be approved by the competent authority before issuance.
3) Based on the overall plan of higher levels, deciding plans for agricultural production, handicraft industry, and industry, deciding plans for cooperative assistance undertakings and other economic works.
4) Based on the overall plan of higher levels, deciding plans for cultural and social work implementation.
5) Based on the overall plan of higher levels, deciding plans for public welfare projects implementation.
6) Reviewing and approving the budget estimates and final accounts.
7) Based on the overall plan of higher levels, deciding plans for military work implementation in the locality.
8) Electing members of the Administrative Committee at their own level (and county Administrative Committee if they are commune or township People's Councils).
9) Reviewing reports on work of the Administrative Committee at their own level.
10) Amending or revoking inappropriate resolutions of the Administrative Committee at their own level.
11) Protecting public property.
12) Protecting public order and security.
13) Ensuring citizens' rights and equality among ethnic groups.
Article 9.
At each level, the People's Council has the right to dismiss members of the Administrative Committee elected by themselves.
PART 3
WORKING REGIME
Article 10.
The People's Council meeting is convened by the same-level Administrative Committee.
Article 11.
The People's Council of autonomous regions and provinces convenes once every six months.
The People's Council of centrally-administered cities and prefectures convenes once every three months.
The People's Council of towns, communes, and townships convenes at least once every three months.
Article 12.
In addition to regular meetings mentioned in Article 11, the Administrative Committee at each level may convene extraordinary meetings of the People's Council if deemed necessary, or upon directive from higher levels, or when at least one-third of the total number of representatives of the People's Council request it.
Article 13.
At each session, the People's Council elects a Chairperson's Board to preside over the meeting.
The meeting may have one or more secretaries nominated by the Chairperson's Board and approved by the People's Council.
Article 14.
When holding meetings, the People's Council at each level may establish necessary Subcommittees during the meeting period.
Article 15.
During the meeting, representatives of the People's Council, the Chairperson's Board, and the same-level Administrative Committee can propose issues, accompanied by draft resolutions. These drafts are presented to the meeting for discussion by the Chairperson's Board, or referred to a Subcommittee for preliminary examination and then presented to the meeting for discussion, or assigned to the Administrative Committee for study and presentation in the next session of the People's Council.
Article 16.
The People's Council at each level must have more than half of the representatives present to vote for the resolution to be valid.
A resolution of the People's Council must be agreed upon by more than half of the representatives present to be valid.
For People's Councils at levels where there are ethnic minorities, before voting on important issues related to a particular ethnic group, it is essential to discuss with representatives of that ethnic group.
Article 17.
When the People's Councils at all levels convene meetings, officials responsible for relevant specialized agencies at the same level may be invited to attend.
Those invited to attend have the right to participate in discussions but do not have voting rights.
Article 18.
Except in special cases requiring closed-door meetings, the People's Councils at all levels hold open meetings with citizens present.
Article 19.
During the time the People's Council convenes meetings, if there is no consent from the Presidium, no representative can be arrested or interrogated. In cases of immediate crime or emergency, the responsible agency must immediately seek agreement from the Presidium after detaining a representative.
Article 20.
Representatives of the People's Councils at all levels are entitled to travel expenses and accommodation fees each time they attend meetings. The regulations on such allowances are stipulated by the Government.
PART 4
RELATIONSHIP BETWEEN PEOPLE'S COUNCIL REPRESENTATIVES AND ELECTORS
Article 21.
Representatives of the People's Councils at all levels must maintain close ties with their electors, report their activities to the electors, collect and reflect the opinions and aspirations of the people to the People's Council and the Administrative Committee, and assist the Administrative Committee in promoting work and disseminating laws and policies of the State.
Representatives of higher-level People's Councils may attend meetings of lower-level People's Councils in the electoral units where they were elected.
Article 22.
Representatives of the People's Council are subject to supervision by their electors.
Electors have the right to dismiss representatives whom they have elected.
Dismissing a representative of the People's Council requires more than half of the total number of electors in the electoral unit that elected the representative to vote in favor. Voting procedures follow those during the election.
CHAPTER THREE
ADMINISTRATIVE COMMITTEES AT ALL LEVELS
PART 1
Article 7. National Universities have legal personality, bear the national emblem seal, and have separate bank accounts.
Article 23.
Administrative Committees at all levels are the executive bodies of the People's Councils at the same level, and are administrative bodies of the State at that level.
At the district level (where there is no People's Council), the District Administrative Committee is the administrative body of the State at that level.
Article 24.
Administrative Committees at all levels are accountable and report their work to the People's Council at the same level, to the superior administrative body, and are under the unified leadership of the Government.
Article 25.
The Administrative Committee is elected by the People's Council at the same level.
The District Administrative Committee is elected by representatives of the People's Councils of communes and towns. The method of election is regulated by the election law.
Article 26.
The number of members of Administrative Committees at all levels ranges from 5 to 19, including the Chairman and one or more Deputy Chairmen. In autonomous regions and mountainous areas, the number of members of Administrative Committees at the prefecture level and above is a maximum of 25.
Article 27.
The authority to determine the specific number of members for each level of Administrative Committee is as follows:
- The Council of Ministers determines the number of members for the Administrative Committee of autonomous regions, centrally-administered cities, and provinces.
- The Administrative Committee of centrally-administered cities and provinces determines the number of members for the Administrative Committee of provincial cities, districts, towns, communes, and towns within the province.
- In autonomous regions, the Administrative Committee of the autonomous region determines the number of members for the Administrative Committee of prefectures, districts, and towns; the Administrative Committee of the province or prefecture (where there is no province) determines the number of members for the Administrative Committee of communes and towns.
Article 28.
The term of office of the Administrative Committee corresponds to the term of office of the People's Council that elected it.
When the People's Council completes its term, the Administrative Committee will continue to operate until the new Administrative Committee elected by the next session of the People's Council takes office.
Article 29.
During the term of office, if a member of the Administrative Committee is unable to fulfill their duties due to any reason, the People's Council that elected that member will elect a replacement.
PART 2
TASKS AND POWERS
Article 30.
Within the scope of the locality and within the limits prescribed by law, the Administrative Committee of autonomous regions, centrally-administered cities, provinces, prefectures, and provincial cities has the following responsibilities and powers:
1) Enforcing laws and regulations of the State, decisions, directives of superior administrative bodies, and resolutions of the People's Council at the same level.
2) Based on laws, decisions, resolutions, and directives mentioned above, issuing decisions, directives, and regulations, while supervising and urging the implementation of these decisions, directives, and regulations.
Decisions, directives, and regulations within the jurisdiction of superior approval according to law must be approved by the competent authority before issuance.
3) Organizing elections for the People's Council at the same level.
4) Convening meetings of the People's Council at the same level; reporting work and presenting work programs to the People's Council.
5) Leading the work of specialized agencies at the same level and the work of lower-level Administrative Committees.
6) Amending or revoking inappropriate decisions and directives of specialized agencies at the same level and lower-level Administrative Committees.
Suspending the implementation of inappropriate resolutions of lower-level People's Councils and submitting them to the People's Council at the same level for amendment or revocation.
Approving resolutions of lower levels in cases prescribed by law.
7) Managing staff working in local agencies under their jurisdiction.
8) Implementing economic and cultural plans; managing budget estimates.
9) Managing markets, state-owned commerce and industry; leading and reforming private commerce and industry in the locality.
10) Leading agricultural production, handicrafts, industry, and cooperative assistance movements.
11) Managing tax collection work.
12) Managing transportation and public services.
13) Managing human resources; ensuring compliance with labor laws.
14) Managing cultural and social work.
15) Managing urban and rural construction and renovation.
16) Based on the superior plan for building the military and consolidating national defense, directing the construction of local armed forces, reserves, militia, managing conscription, demobilization, war invalids, and other military affairs.
17) Managing public property.
18) Protecting general public order and security.
19) Ensuring citizens' rights and equality among ethnic groups.
20) Assisting minority ethnic groups in political, economic, and cultural development.
21) Implementing tasks assigned by superior administrative bodies of the State.
Article 31.
Within the scope of the locality and within the limits prescribed by law, the District Administrative Committee has the following responsibilities and powers:
1) Enforcing laws and regulations of the State, decisions, and directives of superior administrative bodies.
2) Direct, inspect, urge the work of peer specialized agencies and the work of commune and town administrative committees.
3) Based on the plan from superiors, guide communes and towns to build their plans and inspect, urge the implementation of these plans within their localities.
4) Lead agricultural production, handicrafts, industry, and cooperative assistance activities.
5) Suspend the execution of inappropriate resolutions of the People's Council and administrative committee of communes and towns, and submit them to the provincial or city administrative committee for review.
Examine resolutions of the People's Council of communes and towns in cases prescribed by regulations.
6) Execute tasks and manage public service units and enterprises assigned by superiors.
Article 32.
Within the scope of the locality and within the scope prescribed by regulations, the administrative committees of towns, communes, and towns have the following duties and powers:
1) Enforcing laws and regulations of the State, decisions, directives of superior administrative bodies, and resolutions of the People's Council at the same level.
2) Based on laws, decisions, resolutions, and directives mentioned above, issue decisions and directives, while inspecting and urging the implementation of these decisions and directives.
Decisions and directives within the jurisdiction of higher-level authorities according to regulations must be approved by the competent authority before implementation.
3) Organizing elections for the People's Council at the same level.
4) Summon meetings of the same-level People's Council, report on work, and present work proposals to the People's Council.
5) Lead the work of peer specialized departments.
6) Implement economic and cultural plans; manage budget estimates.
7) Lead agricultural production, handicrafts, industry, and cooperative assistance activities.
8) Manage tax collection work.
9) Manage public services.
10) Manage human resources, ensure compliance with labor laws.
11) Manage cultural and social work.
12) Manage and implement conscription work, civilian defense, demobilization, disabled veterans, and other military works.
13) Manage public property.
14) Protect general public order and security.
15) Ensure citizens' rights, guarantee equality among ethnic groups.
16) Carry out tasks assigned by the superior administrative committee.
PART 3
WORKING REGIME
Article 33.
Administrative committees at all levels operate under the principle of collective leadership and individual responsibility. Important matters must be discussed and decided upon at committee meetings. Committee decisions must not contravene state laws, resolutions of the same-level People's Council, and directives from superiors.
Before the administrative committee decides on an important matter related to an ethnic minority, it is necessary to discuss with representatives of that ethnic group within the committee, or with representatives of that ethnic group within the People's Council if there are no representatives of that ethnic group in the committee.
Article 34.
The Chairman of the administrative committee presides over committee meetings and work, urges, oversees, and inspects all committee work, promulgates resolutions of the People's Council and administrative committee.
The Vice-Chairman assists the Chairman in performing his duties.
The Chairman and Vice-Chairman perform the permanent duties of the committee. The Chairman, Vice-Chairman, and other members are assigned to oversee specific areas of work or specific issues, and conduct inspections.
Article 35.
Administrative committees from district level upwards convene once a month. Commune and town administrative committees meet at least once every two weeks. Mountain commune administrative committees may convene once a month. When necessary, administrative committees at all levels can hold extraordinary meetings.
When the administrative committee convenes, responsible officials from specialized agencies may be invited to attend. Those invited have the right to participate in discussions but do not have voting rights.
CHAPTER FOUR
SPECIALIZED ORGANIZATIONS AT THE LOCAL LEVEL
AND RELATIONSHIPS BETWEEN THE ADMINISTRATIVE COMMITTEES
AND SUCH ORGANIZATIONS
Article 36.
The administrative committee of the autonomous region, centrally-administered city, province has an office and may establish specialized organizations as needed for work.
The administrative committee of the prefecture, centrally-administered city under a province, county, district city has an office and may establish some specialized units as needed for work.
The administrative committee of the commune, town has one or more secretaries assisting the standing department of the committee and may establish some specialized units as needed for work.
Article 37.
Procedures for establishing, amending, or abolishing the specialized organizations mentioned in Article 36 are stipulated as follows:
- The Prime Minister issues a decree, upon the proposal of the administrative committee of the centrally-administered city, province, regarding specialized organizations beside the administrative committee of the centrally-administered city, province.
- The administrative committee of the centrally-administered city, province decides after being approved by the Prime Minister regarding specialized units in the centrally-administered city, province, centrally-administered city under a province, county, district city, commune, and town.
- The administrative committee of the autonomous region decides after being approved by the Prime Minister regarding specialized organizations beside the administrative committee of the autonomous region.
- The administrative committee of the autonomous region decides, following the guidance of the Prime Minister, regarding specialized organizations and units beside the administrative committee from the provincial level downwards within the autonomous region.
- The Prime Minister seeks opinions from ministries and agencies before issuing decrees to approve or guide in the above cases.
Article 38.
Specialized organizations beside the administrative committee of the autonomous region, centrally-administered city, province are subject to unified leadership by the same-level administrative committee, while also being subject to leadership by ministries and agencies.
Specialized organizations beside the administrative committee of the prefecture, centrally-administered city under a province, county, district city are subject to unified leadership by the same-level administrative committee, while also being subject to professional leadership by the specialized organization beside the higher-level administrative committee.
Article 39.
A specialized organization beside the administrative committee, within its scope of professional duties and based on decisions and directives of the same-level administrative committee and directives of the higher-level specialized organization, issues directives to the specialized organization beside the lower-level administrative committee.
Article 40.
Personnel responsible for specialized organizations have the duty to inspect the work of their sector at the lower level, and may be authorized by the same-level administrative committee to inspect the lower-level administrative committee regarding the implementation of leadership in their sector's work.
Article 41.
For public institutions and enterprises directly managed by ministries, local administrative committees have the responsibility to ensure safety, monitor, and control the enforcement of laws, general policies of the Government, and local regulations.
Local administrative committees have the duty to participate in opinions on the development of production plans, work programs, monitor the implementation of plans and programs, and assist these units in performing their tasks, but do not direct professional work. These units must report their situation and work to the local administrative committee.
CHAPTER FIVE
IMPLEMENTING PROVISIONS
Article 42.
Any regulations concerning the organization and election of local administrative authorities that contravene this Law shall be abolished.
Article 43.
The Government shall provide detailed implementation guidelines for this Law.
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Ho Chi Minh City (Signed) |
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