Decree No. 150/SL of 1948 stipulates the operation of the People's Council in areas under enemy control or threat, ensuring the People's Council retains its authority to operate when it still has more than half of the predetermined number of members, and specifies procedures for appointing additional members as well as establishing new People's Councils.
Scope of application
People's Councils at all levels in areas under enemy control or threat
Key points
- In a People's Council where the remaining number of members is more than half of the predetermined number, that People's Council still retains its authority to operate (Article 1).
- If the remaining number of members of the People's Council does not exceed half of the predetermined number, additional members may be appointed to reach more than half according to specific procedures for appointment set forth in Article 1.
- Where there is no People's Council, a new People's Council may be established through appointment with decisions from higher-level management authorities for both commune and provincial levels (Article 1).
- To maintain the operation of local government in areas under enemy control or threat, ensuring the leadership and administration of the Party and State.
- It may create a procedural burden on higher-level management authorities when they must decide to appoint additional members or establish new People's Councils.
🌐 Social impact of this document
- To maintain the operation of local government in areas under enemy control or threat, ensuring the leadership and administration of the Party and State.
- It may create a procedural burden on higher-level management authorities when they must decide to appoint additional members or establish new People's Councils.
❓ Frequently asked questions
In areas under enemy control, how many members does a People's Council need to retain its authority to operate?
A People's Council retains its authority to operate when the remaining number of members is more than half of the predetermined number.
If the number of members of the People's Council does not reach more than half, how can additional members be appointed?
The procedure for appointing additional members is specifically provided in Article 1 of this decree, depending on the level of commune or province, with decisions from higher-level management authorities.
How can a new People's Council be established in places without a People's Council?
A new People's Council may be established through appointment as specified in Article 1 of this decree, with decisions from higher-level management authorities.
Who issued Decree No. 150/SL of 1948?
Decree No. 150/SL of 1948 was issued by the Chairman of the Government of the Democratic Republic of Vietnam.
Which agency is responsible for implementing this decree?
The Minister of Interior is responsible for implementing Decree No. 150/SL of 1948.
Full text
DECREE
NUMBER: 150/SL DATE: MARCH 29, 1948
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT
PURSUANT TO DECREE NO. 63 DATED NOVEMBER 22, 1945 ON THE PEOPLE'S COUNCILS;
PURSUANT TO DECREE NO. 77/SL DATED DECEMBER 21, 1945 ON THE PEOPLE'S COUNCILS OF THE CITY;
PURSUANT TO DECREE NO. 22/A/NVPC DATED FEBRUARY 18, 1946 AMENDING ARTICLE 65 OF DECREE NO. 63/SL DATED NOVEMBER 22, 1945;
PURSUANT TO DECREE NO. 68/SL DATED MAY 14, 1946 SUPPLEMENTING ARTICLES 43 AND 45 OF DECREE 77/AL DATED DECEMBER 21, 1946;
PURSUANT TO DECREE NO. 117/SL DATED JULY 2, 1946 ON THE CONVENING OF THE PEOPLE'S COUNCIL;
PURSUANT TO DECREE NO. 3/NV/SL DATED DECEMBER 28, 1946 SUSPENDING ELECTIONS TO THE PEOPLE'S COUNCIL;
PURSUANT TO DECREE NO. 129/SL DATED FEBRUARY 5, 1948 ADDING ONE CLAUSE TO ARTICLE 1 OF DECREE NO. 3/NVSL DATED DECEMBER 28, 1946;
AT THE REQUEST OF THE MINISTER OF INTERNAL AFFAIRS;
AFTER CONSULTATION BETWEEN THE COUNCIL OF MINISTERS AND THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY;
ISSUES THE DECREE:
Article 1
ESPECIALLY IN AREAS UNDER ENEMY CONTROL OR THREATENED BY ENEMY FORCES:
1- WHERE THE NUMBER OF MEMBERS REMAINING IN A PEOPLE'S COUNCIL IS MORE THAN HALF OF THE FIXED NUMBER, THAT PEOPLE'S COUNCIL SHALL STILL HAVE THE AUTHORITY TO FUNCTION;
2- IF THE NUMBER OF REMAINING MEMBERS OF THE PEOPLE'S COUNCIL IS LESS THAN HALF OF THE FIXED NUMBER, ADDITIONAL MEMBERS MAY BE APPOINTED TO MAKE UP MORE THAN HALF. THE APPOINTMENT PROCEDURE IS AS FOLLOWS:
- COMMUNE LEVEL: THE REMAINING MEMBERS OF THE PEOPLE'S COUNCIL (INCLUDING MEMBERS WHO ARE MEMBERS OF THE RESISTANCE ADMINISTRATIVE COMMITTEE) SHALL PROPOSE TO THE DISTRICT, WHICH SHALL THEN PROPOSE TO THE PROVINCE FOR DECISION.
- PROVINCE LEVEL: THE REMAINING MEMBERS OF THE PEOPLE'S COUNCIL (INCLUDING MEMBERS WHO ARE MEMBERS OF THE RESISTANCE ADMINISTRATIVE COMMITTEE) SHALL PROPOSE TO THE REGION, WHICH SHALL THEN PROPOSE TO THE MINISTRY OF INTERNAL AFFAIRS FOR DECISION.
3- WHERE THERE IS NO PEOPLE'S COUNCIL, IT MAY BE ESTABLISHED THROUGH APPOINTMENT:
- COMMUNE LEVEL: THE RESISTANCE ADMINISTRATIVE COMMITTEE SHALL PROPOSE TO THE DISTRICT, WHICH SHALL THEN PROPOSE TO THE PROVINCE FOR DECISION.
- PROVINCE LEVEL: THE RESISTANCE ADMINISTRATIVE COMMITTEE SHALL PROPOSE TO THE REGION, WHICH SHALL THEN PROPOSE TO THE MINISTRY OF INTERNAL AFFAIRS, WHICH SHALL MAKE THE DECISION.
Article 2
THE MINISTER OF INTERIOR SHALL ENFORCE THIS DECREE.
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