Decree No. 136/SL of 1949 regulates the elections and the establishment of People's Councils of towns and cities during the resistance war period. This document stipulates the temporary postponement of elections, the designation of additional members when necessary, the reorganization of elections if conditions are favorable, as well as the number of members of the provisional People's Council.
Scope of application
The United Board of Civil Administration of the Region, the United Board of Civil Administration of the Province, the Minister of Interior, and other administrative management agencies
Key points
- In case of necessity, the United Board of Civil Administration of the Region or the Minister of Interior may designate additional members for the People's Council of towns or cities (Article 2).
- The United Board of Civil Administration of the Region and the Minister of Interior have the authority to decide on the re-election of all members of the People's Council of towns or cities if conditions are favorable (Article 3).
- After being designated, members of the United Board of Civil Administration of towns or cities who are not already members of the People's Council shall be considered as members of the corresponding level People's Council (Article 4).
- A meeting of the People's Council of towns or cities can only discuss and vote when more than half of the members are present; if the first meeting does not meet this requirement, it must be reconvened (Article 5).
- The United Board of Civil Administration of the Region or the United Board of Civil Administration of Hanoi has the right to request the Minister of Interior to extend the approval period of resolutions of the People's Council of cities up to a maximum of 15 days (Article 7).
🌐 Social impact of this document
- Enhance the capacity of local government operations during the resistance war period.
- Reduce the burden on citizens and businesses participating in elections under difficult conditions.
- It may cause instability if the designation of additional members is not carried out fairly.
❓ Frequently asked questions
Under what circumstances does the United Board of Civil Administration of the Region have the right to designate additional members for the People's Council of towns?
The United Board of Civil Administration of the Region may designate additional members when the number of members in the People's Council of towns is insufficient (Article 2).
Who has the right to decide on the re-election of all members of the People's Council of cities if conditions are favorable?
The Minister of Interior may decide on the re-election of all members of the People's Council of cities upon the recommendation of the United Board of Civil Administration of the Region or the United Board of Civil Administration of Hanoi (Article 3).
How is the number of members in the provisional People's Council of towns and cities defined?
The provisional People's Council of towns consists of 7 to 15 people, while that of cities consists of 10 to 20 people (Article 11).
When can the People's Council of towns or cities hold discussions and votes?
A meeting of the People's Council can only discuss and vote when more than half of the members are present; if the first meeting does not meet this requirement, it must be reconvened (Article 5).
What rights do the United Board of Civil Administration of the Region or the United Board of Civil Administration of Hanoi have regarding the approval of resolutions of the People's Council of cities?
The United Board of Civil Administration of the Region or the United Board of Civil Administration of Hanoi may request the Minister of Interior to extend the approval period of resolutions of the People's Council of cities up to a maximum of 15 days (Article 7).
Full text
DECREE
NUMBER: 136/SL DATE: November 29, 1949
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
CHAIRMAN
GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to Decree No. 77 dated December 21, 1945, and subsequent decrees and regulations on the establishment and organization of people's administrative machinery in cities and towns;
Pursuant to Decree No. 254-SL dated November 19, 1948 organizing local people's administration during the resistance period, supplemented by Decree No. 20-SL dated April 25, 1949;
Pursuant to Decree No. 255-SL dated November 19, 1948 organizing people's administration in areas temporarily under enemy control or threat;
Pursuant to Decree No. 37-SL dated May 11, 1949 placing the Hanoi People's Committee directly under the Central Government;
At the request of the Minister of Interior Affairs;
In accordance with the resolution of the Council of Ministers after the agreement of the Standing Committee of the National Assembly;
ENACTED
Article 1
During the resistance period, for municipal people's councils and city people's councils, the provisions in Decree No. 77-SL dated December 21, 1945, and subsequent decrees and regulations shall remain in effect, except for the following amendments.
Article 2
Until new orders are issued, the election to the Municipal People's Council and City People's Council shall be suspended temporarily.
If the number of members in the Municipal People's Council is insufficient, the Regional People's Committee may, upon the proposal of the Provincial People's Committee, appoint additional members.
If the number of members in the City People's Council is insufficient, the Minister of Interior Affairs may, upon the proposal of the Regional People's Committee or the Hanoi People's Committee, appoint additional members.
However, the total number of elected and appointed members of the Municipal or City People's Council shall not exceed the total number specified in Decree No. 77 dated December 21, 1945, and subsequent decrees and regulations.
Article 3
If conditions permit the organization of elections:
1 - The Regional People's Committee may, upon the proposal of the Provincial People's Committee, allow the re-election of all members of the Municipal People's Council.
2 - The Minister of Interior Affairs may, upon the proposal of the Regional People's Committee or the Hanoi People's Committee, allow the re-election of all members of the City People's Council.
In this case, the election at the Municipal and City People's Councils shall still follow the old procedures as stipulated in Decree No. 77 dated December 21, 1945. When electing members of the Municipal and City People's Councils, there is no need to elect additional reserve members.
Article 4
After being appointed, members of the Municipal or City People's Committee who were not previously members of the People's Council shall be considered as members of the corresponding level People's Council.
Article 5
Only when more than half of the members (including appointed members) are present can the Municipal or City People's Council discuss and vote.
If the first meeting does not have more than half of the members present, a second meeting must be convened.
At the second meeting, only when at least one-third of the members are present can the Municipal or City People's Council discuss and vote.
If the second meeting does not have at least one-third of the members present, then:
- For the Municipal People's Council, the Provincial People's Committee must report to the Regional People's Committee.
- For the City People's Council, the Regional People's Committee must report to the Minister of Interior Affairs.
- For the Hanoi City People's Council, the Hanoi People's Committee must report to the Ministry of Interior Affairs.
Article 6
The secretary of the Municipal or City People's Council is a member of the corresponding level People's Committee, elected by that committee.
, Clause 1, Clause 2 Article 7a of this Regulation.
The 15-day limit mentioned in Article 15 of Decree No. 77 dated December 21, 1945 regarding the approval of resolutions of the City People's Council may be temporarily extended by the Minister of Interior Affairs upon the proposal of the Regional People's Committee or the Hanoi People's Committee.
Article 8
The tasks and powers of the Provincial People's Committee concerning the Municipal or City People's Council, as defined in Decree No. 77 dated December 21, 1945, and subsequent decrees and regulations, are now the tasks and powers of the Provincial or Regional People's Committee.
Article 9
In areas temporarily under enemy control or threat, if the number of members of the Municipal or City People's Council remaining exceeds one-third of the original number, the council retains its authority to operate.
If the number of remaining members does not exceed one-third of the original number, additional members may be appointed to continue working according to the following procedure:
- Municipalities: Remaining members of the People's Council (including those who are also members of the Municipal People's Committee) propose to the Provincial People's Committee, which then proposes to the Regional People's Committee for decision.
- Cities: Remaining members of the People's Council (including those who are also members of the City People's Committee) propose to the Regional People's Committee, which then proposes to the Minister of Interior Affairs for decision.
Article 10
If places temporarily under enemy control or threat do not yet have a Municipal or City People's Council, a temporary People's Council may be appointed according to the following procedure:
- Municipalities: The temporary People's Council is proposed by the Municipal People's Committee through the Provincial People's Committee to the Regional People's Committee for decision.
- Cities: The temporary People's Council is proposed by the City People's Committee to the Minister of Interior Affairs through the Regional People's Committee. The Minister of Interior Affairs reports to the Chairman of the Government for decision.
- Hanoi: The temporary People's Council is proposed by the Hanoi People's Committee to the Ministry of Interior Affairs. The Minister of Interior Affairs reports to the Chairman of the Government for decision.
Article 11
The number of members of the temporary Municipal People's Council ranges from 7 to 15, while the number of members of the temporary City People's Council ranges from 10 to 20.
The number of members of each level of the temporary People's Council will be determined by the competent authority.
Article 12
The Minister of Interior Affairs shall implement this decree.
Ho Chi Minh City
(Signed)
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