Decree-Law No. 135/SL in 1949 abolishes and replaces Article 9 of Decree-Law No. 254-SL in 1948, which stipulates the right to dismiss members elected by the People's Council (HĐND) at commune level and province level. At the same time, HĐND does not have the authority to dismiss members of the Administrative Inspection Committee (UBKCHC) appointed by a higher-level body.
Đối tượng áp dụng
People’s Councils at Commune Level and Province Level; Administrative Inspection Committees at Commune Level and Province Level
Các điểm cốt lõi
- HĐND at commune level and province level → has the right to dismiss members elected by the HĐND → Article 18, 48 of Decree-Law No. 63/SL in 1945
- HĐND at commune level and province level → does not have the authority to dismiss members of UBKCHC appointed by a higher-level body → but may propose to the competent authority for decision → This provision
- Enhance the role of HĐND in supervising and managing personnel elected
- Reduce the possibility of direct intervention by a higher level into organizational work concerning UBKCHC appointed by a higher-level body
- Contribute to stabilizing local government organization during the resistance period
🌐 Tác động xã hội từ văn bản này
- Strengthen the role of supervision and management of elected personnel for HĐND at commune, province levels
- Reduce direct intervention capability of a higher level in organizational work concerning UBKCHC appointed by designation
- Stabilize local government organization during the resistance period
❓ Câu hỏi thường gặp
Who does the HĐND at commune and province level have the right to dismiss?
The HĐND at commune and province level has the right to dismiss members elected by the HĐND.
What authority does the HĐND at commune and province level not have over members of UBKCHC appointed by a higher-level body?
No, the HĐND does not have the authority to dismiss members of UBKCHC appointed by a higher-level body but may propose to the competent authority for decision.
Toàn văn
DECREE-LAW
NO.: 135/SL DATE: November 25, 1949
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
CHAIRMAN
GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to Decree-Law No. 63 dated November 22, 1945 and subsequent decrees organizing and establishing local people's administration;
Pursuant to Decree-Law No. 254-SL dated November 19, 1948 on the organization of local people's administration during the resistance period;
At the request of the Minister of Interior Affairs;
In accordance with the resolution of the Council of Ministers after consultation with the Standing Committee of the National Assembly;
ENACTS THE FOLLOWING DECREE-LAW
Article 1
Article 9 of Decree-Law No. 254-SL dated November 19, 1948 is hereby repealed and replaced by the following new Article 9:
"Article 9 (new)
The power to remove from office mentioned in Articles 18 and 48 of Decree-Law No. 63 dated November 22, 1945 shall apply to members elected by the People's Councils at the commune and provincial levels.
For members of the Commune and Provincial Civil Defense Committees appointed by higher authorities, the People's Council does not have the power to remove from office; however, the People's Council may propose to the appointing authority for a decision."
Article 2
The Minister of Interior Affairs shall implement this Decree-Law.
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Ho Chi Minh (Signed) |
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