This Resolution stipulates the operation of People's Councils at all levels, including the rights and obligations of representatives, organizing sessions, reviewing reports, oversight, and mechanisms to ensure the effectiveness of operations. It applies to all levels of People's Councils from province to commune.
适用范围
People's Councils at all levels, representatives of People's Councils, Standing Committees of People's Councils, People's Committees at the same level, voters, and state agencies, political-social organizations, economic organizations, and people's armed forces units.
要点
- Representatives of People's Councils must attend sessions fully, study documents, meet with voters, and participate in discussions and decisions on issues at sessions.
- People's Councils convene regularly twice a year, and may convene extraordinary sessions when necessary.
- The Standing Committee of People's Councils is responsible for preparing the session program, sending invitations and related documents to relevant agencies, and organizing press coverage for public sessions.
- People's Councils decide on plans for socio-economic development, budget estimates, approval of budgets, and oversight of the activities of People's Committees at the same level.
- Committees of People's Councils are responsible for reviewing reports, proposals, and supervising the implementation of resolutions of People's Councils.
🌐 本文件的社会影响
- Enhance the role of representatives in meeting voters, collecting opinions and wishes of voters to reflect them to People's Councils.
- Improve the effectiveness of oversight and implementation of People's Council resolutions through detailed regulations on the activities of the Standing Committee and committees.
- Reduce the burden on state agencies and political-social organizations in handling petitions and complaints from representatives and voters.
- Create favorable conditions for receiving citizens and resolving their petitions and complaints.
- Reduce wasted time due to unnecessary extraordinary session calls.
❓ 常见问题
What benefits do representatives of People's Councils enjoy?
Incumbent representatives are provided with periodic reports, living allowances according to specific levels (0.2 to 0.4 times the minimum wage coefficient), representative cards, and are rewarded if they perform exceptionally well.
How many regular meetings does a People's Council hold each year?
People's Councils at all levels convene regularly twice a year. In cases of necessity, the Standing Committee of People's Council decides to convene extraordinary sessions.
What responsibilities does the Standing Committee of People's Council have in preparing for sessions?
The Standing Committee of People's Council is responsible for preparing the draft agenda for sessions, reports, and proposals to be reviewed and approved by People's Councils; announcing the draft agenda for sessions and compiling voter opinions.
What authority does a People's Council have to decide on?
People's Councils decide on socio-economic development plans, budget estimates, approval of budgets, and oversight of the activities of People's Committees at the same level.
What responsibilities do committees of People's Councils have?
Committees of People's Councils review reports, proposals, and supervise the implementation of People's Council resolutions. They also participate in activities such as developing publicity and legal education plans.
全文
RESOLUTION
RESOLUTION NO. 310/NQ-UBTVQH OF THE NATIONAL ASSEMBLY STANDING COMMITTEE ON JUNE 25, 1996 ON THE ISSUANCE OF THE REGULATIONS ON THE OPERATIONS OF PEOPLE'S COUNCILS AT ALL LEVELS
NATIONAL ASSEMBLY STANDING COMMITTEE
Pursuant to Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
Pursuant to Article 12 of the Law on the Organization of the National Assembly;
Pursuant to the report of the Chairman of the National Assembly Office and the opinions of the members of the National Assembly Standing Committee;
RESOLUTION:
1- Issuing the Regulations on the operations of People's Councils at all levels.
2- The National Assembly Standing Committee and the Government shall ensure the implementation of these Regulations.
REGULATIONS
OPERATIONS OF PEOPLE'S COUNCILS AT ALL LEVELS
Pursuant to the Law on the Organization of People's Councils and People's Committees (amended);
Pursuant to the Ordinance on supervision and guidance of the National Assembly Standing Committee and the inspection and guidance of the Government for People's Councils;
Pursuant to the Ordinance on specific tasks and powers of People's Councils and People's Committees at each level;
These Regulations provide detailed provisions on the organization and operations of People's Councils at all levels.
PART I
ĐẠI BIỂU HỘI ĐỒNG NHÂN DÂN
Article 1
Deputies of People's Councils are representatives of the will and aspirations of local people, exemplary in complying with state laws and policies, promoting the dissemination and mobilization of people to implement laws and policies, and participating in state management.
Deputies of People's Councils have the duty to attend all sessions of People's Councils fully, comply with the session rules. Any Deputy who cannot attend a session must provide reasons, at the provincial level People's Councils (commonly referred to as the provincial level), at the district, town, city, and provincial-level city People's Councils (commonly referred to as the district level), such reasons must be reported through the Group Leader of the People's Council Deputies to the Standing Body of the same-level People's Council, at the commune, ward, town People's Councils (commonly referred to as the commune level), such reasons must be reported to the Chairman of the People's Council.
Deputies of People's Councils have the duty to attend meetings of People's Councils, discussions within the Deputies' Groups, meetings of Council Committees where they are members, and participate in other activities of the People's Council. Any Deputy who cannot attend must provide reasons and report to the Chairperson.
Article 2
1- Upon receiving the notice of the expected meeting time and program from the Standing Body of the same-level People's Council, at the commune level it is sent by the Chairman of the People's Council, Deputies of People's Councils must study materials, meet voters, participate in activities of the Deputies' Group to prepare for the session of the People's Council.
2- During the session of the People's Council, Deputies of People's Councils have the responsibility to:
a) Participate in discussing and deciding on the work program of the session of the People's Council;
b) Discuss at plenary sessions and within the Deputies' Groups on issues within the content and program of the session;
c) Vote on issues within the content and program of the session.
Opinion Statements made by Deputies of People's Councils must be recorded in the minutes of the session.
Article 3
1- Deputies of People's Councils have the right to question the Chairman of the People's Council, the Chairman and other members of the People's Committee, the Chief Justice of the People's Court, the Procurator of the People's Procuracy, and the heads of specialized agencies under the People's Committee at the same level. Questions from Deputies of People's Councils must clearly state the name, address of the person being questioned, and the content of the question. The person being questioned has the responsibility to answer about the issues raised by the Deputy.
2- During the period when the People's Council is in session, questioning and answering questions proceed as follows:
a) Deputies of People's Councils submit questions to the Standing Body of the same-level People's Council, at the commune level they send to the Chairman of the People's Council;
b) The Standing Body of the People's Council, at the commune level the Chairman of the People's Council forwards the questions to the agency or person being questioned;
c) The agency or person being questioned answers before the People's Council on the issues raised by the Deputy.
The content of the response to the question must be specific, clear, stating the correctness or incorrectness and proposing measures to rectify.
In cases requiring investigation and verification, the People's Council may decide to respond at the next session of the People's Council or respond in writing to the Deputy who asked the question and the Standing Body of the same-level People's Council, at the commune level it is sent to the Chairman of the People's Council.
3- During the period between two sessions of the People's Council, questioning and answering questions proceed as follows:
a) Deputies of People's Councils submit questions to the Standing Body of the same-level People's Council, at the commune level they send to the Chairman of the People's Council;
b) The Standing Body of the People's Council, at the commune level the Chairman of the People's Council forwards the questions to the agency or person being questioned;
c) The agency or person being questioned has the responsibility to respond to the question in writing to the Deputy who asked the question. The deadline for responding to the question is decided by the Standing Body of the same-level People's Council, at the commune level it is decided by the Chairman of the People's Council.
If not satisfied with the content of the response to the question, the Deputy of the People's Council may request the Standing Body of the People's Council, at the commune level then request the Chairman of the People's Council to bring it up for discussion at the session of the People's Council.
When necessary, the People's Council may issue a resolution on the response to the question and the responsibility of the person being questioned.
Article 4
Deputies of People's Councils must maintain close contact with voters in their constituencies, be subject to voter supervision, collect and truthfully reflect the opinions and aspirations of voters, protect the rights and legitimate interests of voters, implement the system of voter meetings, and at least once a year report to voters on their activities and those of the People's Council, and respond to the demands and suggestions of voters.
Deputies of People's Councils must meet citizens according to the schedule assigned. Upon receiving complaints, petitions, or accusations from citizens, Deputies of People's Councils have the responsibility to study them, directly propose opinions or through the Standing Body of the same-level People's Council, at the commune level through the Chairman of the People's Council to request competent authorities to resolve and monitor and urge the resolution. Competent authorities must examine, resolve, and reply in writing to the results of the resolution so that the Deputy knows.
Article 5
Deputies of People's Councils have the right to require state agencies, political social organizations, social organizations, economic organizations, and civilian armed units to promptly stop actions contrary to state laws and policies within their agencies, organizations, or units or by their staff.
Members of the People's Council have the right to make proposals to state agencies regarding the implementation of laws and policies of the State and issues related to common interests. Relevant agencies are responsible for responding to the proposals of members.
The person in charge of state agencies, political-social organizations, social organizations, economic organizations, and people's armed units shall be responsible for receiving members of the People's Council when requested by the members.
Article 6
Members of the People's Council may request to resign from their duties due to health reasons or other reasons that prevent them from fulfilling their responsibilities as members.
If a member of the People's Council no longer deserves the trust of the people, they will be subject to removal based on the severity of their mistakes, at the initiative of the People's Council or voters. The Standing Body of the People's Council and the People's Committee at the same level, at the commune level, the Chairman of the People's Council and the People's Committee shall decide on the removal of the member at the proposal of the Vietnam Fatherland Front Standing Committee at the same level.
The procedures for requesting resignation and removal of members of the People's Council are carried out according to the provisions of Chapter IX of this Regulation.
, Clause 1, Clause 2 Article 7a of this Regulation.
Members of the People's Council elected from one or more constituencies form a Group of People's Council Deputies. The number and list of members of the Group of People's Council Deputies are decided by the Standing Body of the People's Council at the same level, at the commune level, by the Chairman of the People's Council. Each group elects a Group Leader and Deputy Leader to manage the group's activities.
Article 8
NH PHÓAt least once every three months, the Group of People's Council Deputies convenes to discuss work plans, assign deputies to meet with citizens, organize the study of laws and policies of the State.
Prior to the session of the People's Council, the Group convenes to study materials, prepare contributions for the session; coordinate with the Standing Committee of the Vietnam Fatherland Front and the People's Committee at the constituency level to organize meetings between deputies and voters, collect voter opinions and wishes. The Group of People's Council Deputies prepares a report on voter meetings and submits it to the Standing Body of the People's Council at the same level, at the commune level, to the Chairman of the People's Council, at least three days before the opening of the session.
After the session, the Group organizes meetings and assigns deputies to report back to voters on the results of the People's Council session.
All meetings of the Group must have minutes. Minutes of the Group of People's Council Deputies' meetings must be sent to the Standing Body of the People's Council at the same level, at the commune level, to the Chairman of the People's Council.
PART II
SESSIONS OF THE PEOPLE'S COUNCIL
Article 9
Sessions of the People's Council are the main form of activity of the People's Council.
People's Councils at all levels hold regular sessions twice a year. In cases of necessity, at the provincial and district levels, upon the request of the Chairman of the People's Council, the Chairman of the People's Committee at the same level, or if at least one-third of the total number of People's Council deputies at the same level request, the Standing Body of the People's Council decides to convene extraordinary sessions; at the commune level, upon the request of the People's Committee or if at least one-third of the total number of People's Council deputies request, the Chairman of the People's Council decides to convene extraordinary sessions.
A session of the People's Council can be held when at least two-thirds of the total number of People's Council deputies participate.
The People's Council holds open meetings. When necessary, the People's Council decides to hold closed meetings at the proposal of the Chairperson of the session or the Chairman of the People's Committee at the same level.
In case it is not possible to convene a People's Council session within the prescribed time limit under the law, the Standing Body of the Provincial People's Council reports to the National Assembly Standing Committee for examination and approval, while the Standing Body of the District People's Council and the Chairman of the Commune People's Council report to the Standing Body of the higher-level People's Council for examination and approval.
Article 10
The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council announces the proposed time and program of regular People's Council sessions at least twenty days in advance, and extraordinary sessions at least ten days before the opening of the session.
The first session of the new term of the People's Council is convened by the Chairman of the previous term of the People's Council no later than thirty days after the election of People's Council deputies. In mountainous areas where travel is difficult, the first session of the Provincial People's Council is convened no later than forty-five days after the election of People's Council deputies. In case of absence of the Chairman of the People's Council, the Vice-Chairman convenes the first session of the new term of the People's Council. If both the Chairman and Vice-Chairman are absent, the Standing Body of the higher-level People's Council designates a convener to convene and chair the session until the People's Council elects a Chairman; at the national level, the National Assembly Standing Committee designates the convener.
The proposed agenda, summonses for the session, reports, draft projects to be presented to the People's Council during the session, and other necessary documents must be sent to the People's Council deputies at least seven days before the opening of the session.
The date, location, and proposed schedule of the People's Council session must be announced to the public at least five days before the opening of the session.
Article 11
The Standing Body of the Provincial People's Council is responsible for sending invitations and relevant documents related to the People's Council session to the National Assembly Standing Committee, the Government, National Assembly deputies elected from the locality, the Chairman of the Vietnam Fatherland Front, and the heads of mass organizations at the same level.
The Standing Body of the District People's Council and the Chairman of the Commune People's Council are responsible for sending invitations and relevant documents related to the People's Council session to the Standing Body of the higher-level People's Council, the higher-level People's Committee, National Assembly deputies, higher-level People's Council deputies elected from the locality, the Chairman of the Vietnam Fatherland Front, and the heads of mass organizations at the same level.
Local information and press agencies are invited to attend the open sessions of the People's Council.
Article 12
1- At the first session of the first term of each term, the People's Council elects the Committee for Qualification Review of Deputies according to the introduction of the Chairperson of the People's Council session. Based on the report of the Committee for Qualification Review of Deputies, the People's Council adopts a resolution to confirm the qualifications of the deputies of the People's Council or declare that the election of a certain deputy is invalid. During the term, if there is a supplementary election of deputies, the People's Council establishes a new Committee for Qualification Review of Deputies to confirm the qualifications of the newly elected deputies. The Committee for Qualification Review of Deputies completes its mission when the review of deputy qualifications is completed.
2- At the first session of each term, the People's Council elects:
a) The Chairman of the People's Council from among the deputies of the People's Council according to the introduction of the Chairperson of the session;
b) The Vice Chairmen of the People's Council, the Heads and other members of the Committees of the People's Council from among the deputies of the People's Council according to the introduction of the Chairman of the People's Council;
c) The Chairman of the People's Committee from among the deputies of the People's Council according to the introduction of the Chairman of the People's Council;
d) The Vice Chairmen and other members of the People's Committee according to the introduction of the Chairman of the People's Committee;
đ) The Secretary of each session of the People's Council according to the introduction of the Chairperson of the session.
3- Deputies of the People's Council have the right to introduce and run for the positions specified in this Article. The election of the positions specified in Clause 2 of this Article is conducted by secret ballot according to the list of candidates for each position.
Article 13
At regular sessions, the People's Council decides on the plan for socio-economic development of the locality; decides on the budget estimate and allocation, approves the budget, decides on policies and measures to implement the local budget; adjusts the local budget estimate when necessary according to the provisions of the law; decides on other issues within its mandate and powers; examines reports on the activities of the People's Council, the Standing Body of the People's Council, the People's Committee at the same level, at the commune level then the report of the Chairman of the People's Council, the People's Committee; examines reports on the work of the People's Court, the People's Procuracy at the same level. When necessary, the People's Council examines reports from relevant state agencies and adopts resolutions on issues of concern.
The final session of the term must be convened no later than sixty days before the day of the election of deputies of the new term of the People's Council. At this session, in addition to the contents of regular sessions, the People's Council, the Standing Body of the People's Council, and the People's Committee at the same level, at the commune level then the People's Council, the Chairman of the People's Council, the People's Committee report on the self-assessment of their activities during the term.
Article 14
The Standing Body of the People's Council, at the commune level then the Chairman of the People's Council chairs the session of the People's Council at the same level.
The first session of each term of the People's Council is chaired by the Chairman of the previous term of the People's Council until the People's Council elects a new Chairman of the People's Council.
Article 15
The Secretary of each session of the People's Council has the following duties:
1- Prepare a list of deputies present and absent in each session and throughout the entire session;
2- Draft the minutes of the session;
3- Summarize the opinions expressed and discussed by deputies in the session of the Delegation and at the plenary session;
4- Assist the Chairperson of the session in controlling discussions and voting;
5- Assist the Standing Body of the People's Council, at the commune level then assist the Chairman of the People's Council in coordinating with relevant agencies to draft resolutions and submit them to the People's Council for discussion.
Article 16
The People's Council considers and adopts reports and proposals in the following sequence:
1- A representative of the organization or individual presenting the report or proposal makes a presentation to the People's Council;
2- A representative of the Committee of the People's Council assigned to review the report or proposal presents the review report on the report or proposal;
3- The People's Council discusses;
Before the People's Council discusses at the plenary session, it may discuss at the session of the Delegation of the People's Council;
4- During the discussion at the plenary session, the Chairperson may raise issues that still have differing opinions for the People's Council to consider and decide. When necessary, the People's Council requests relevant agencies to report on issues of concern to deputies. The Chairperson or a deputy may propose to end the discussion by voting. Once the issue is put to a vote, the discussion ends. The agency or person presenting the report or proposal reports on the adoption and revision of the report or proposal according to the opinions of the People's Council;
5- The People's Council votes to adopt the report or proposal in one of the following two ways: voting on each issue separately, then voting on the whole, or listening to the full reading and then voting on the whole once. The decision to adopt the report or proposal of the People's Council is reflected in the resolution of the People's Council.
Article 17
The resolution of the People's Council must be approved by more than half of the total number of deputies of the People's Council, in the case of removing a deputy of the People's Council, it must be approved by two-thirds of the total number of deputies of the People's Council. The People's Council decides on the method of voting by raising hands, secret ballot, or another method proposed by the Chairperson of the session.
The resolution and minutes of the sessions of the People's Council are signed and certified by the Chairman of the People's Council.
Within ten days from the closing date of the session, the resolutions, minutes, reports, and proposals of the session of the Provincial People's Council must be sent up to the Standing Committee of the National Assembly and the Government by the Standing Body of the People's Council; the resolutions, minutes, reports, and proposals of the session of the District People's Council must be sent up to the Standing Body of the People's Council and the People's Committee of the Province by the Standing Body of the People's Council; the resolutions and documents of the session of the Commune People's Council must be sent up to the Standing Body of the People's Council and the People's Committee of the District by the Chairman of the People's Council.
The Resolution of the People's Council must be sent to relevant agencies for implementation; the announcement of the Resolution of the People's Council on mass media shall be decided by the Standing Committee of the same-level People's Council, at the commune level it shall be decided by the Chairman of the People's Council.
Article 18
At the latest fifteen days from the closing date of the regular session of the Standing Committee of the People's Council, at the commune level the Chairman of the People's Council shall urge the representative groups of the People's Council to cooperate with the Standing Committee of the Vietnam Fatherland Front Committee at the same level to organize for the representatives of the People's Council to report the results of the People's Council session to the voters in their constituencies, disseminate the Resolution of the People's Council, and encourage the people to implement that Resolution.
CHAPTER III
STANDING COMMITTEE OF THE PEOPLE'S COUNCIL, CHAIRMAN, VICE-CHAIRMAN OF THE PEOPLE'S COUNCIL AT THE COMMUNE LEVEL
Article 19
The Standing Committee of the People's Council performs tasks and powers as stipulated in Article 36 of the Law on the Organization of the People's Councils and People's Committees (Amended) and detailed regulations of this Charter. The Standing Committee of the People's Council operates continuously, ensuring the organization of activities of the People's Council, bearing responsibility and reporting work to the same-level People's Council.
The Chairman of the People's Council at the provincial and district levels directs the work of the Standing Committee of the same-level People's Council, represents the Standing Committee of the People's Council to maintain close relations with the People's Committee, state agencies, the Vietnam Fatherland Front, member organizations, other social organizations, and citizens. The Chairman of the People's Council assigns specific tasks to the Vice-Chairmen of the People's Council to ensure that the Standing Committee of the People's Council fulfills its tasks and powers as prescribed by law.
Article 20
In preparing and convening sessions of the People's Council, the Standing Committee of the People's Council has the responsibility:
1- To coordinate with the People's Committee to prepare the draft agenda, reports, and projects to be submitted to the People's Council for consideration and approval;
At the latest thirty days before the date of convening the regular session, the Standing Committee of the People's Council shall meet with the People's Committee, Heads, and Deputy Heads of the same-level People's Council to decide on the draft agenda and other issues related to the session and assign relevant agencies to prepare the content of the session. The Chairman of the Vietnam Fatherland Front Committee at the same level may be invited to attend this meeting;
2- To decide and announce the convocation of the People's Council session and publish the draft agenda of the session;
3- To compile opinions and proposals of voters in the locality to report at the People's Council session;
4- To ensure the preparation of draft resolutions for the People's Council session.
Article 21
In presiding over the People's Council session, the Standing Committee of the People's Council has the responsibility:
1- To control meetings according to the agenda approved by the People's Council;
2- To ensure democratic discussion; create conditions for representatives, especially those at the grassroots level, to contribute many opinions; take votes on issues put forward for discussion when deemed necessary;
3- To direct the compilation of representatives' opinions and the revision of projects based on representatives' opinions.
Article 22
In urging and inspecting the People's Committee at the same level and other state agencies in the locality to implement the resolutions of the People's Council, the Standing Committee of the People's Council has the responsibility:
1- To request the People's Committee at the same level and other state agencies in the locality to directly report or submit written reports on the implementation of the People's Council resolutions; implement necessary measures to ensure the implementation of the People's Council resolutions;
2- To organize inspection teams to check the implementation of the People's Council resolutions;
3- When discovering violations in the implementation of the People's Council resolutions or serious violations affecting the life of local residents, the Standing Committee of the People's Council has the right to request the People's Committee or other relevant state agencies in the locality to examine, handle, and report the results to the Standing Committee of the People's Council within the time limit set by the Standing Committee of the People's Council. If necessary, the Standing Committee of the People's Council may propose the nearest session of the People's Council or convene an extraordinary session for the People's Council to consider and decide;
4- To coordinate with the People's Committee to resolve emerging issues when implementing the annual resolution of the People's Council between two sessions of the People's Council; adjust and supplement measures to ensure the implementation of the People's Council resolutions upon the proposal of the People's Committee, the committees of the same-level People's Council, and report to the People's Council for consideration at the nearest session.
Article 23
In coordinating and coordinating the activities of the committees of the People's Council, the Standing Committee of the People's Council has the responsibility:
1- To assign the committees of the People's Council to review reports and projects to be submitted to the People's Council for consideration and decision;
2- To assign the committees of the People's Council to participate in urging and inspecting the implementation of the People's Council resolutions;
- 3- To coordinate and harmonize the programs of activities of the committees and urge the committees to operate;
4- To attend meetings of the committees of the People's Council when deemed necessary;
5- To organize and chair monthly meetings of the Standing Committee of the People's Council and the Heads and Deputy Heads of the same-level People's Council committees; when necessary, invite the Heads, Deputy Heads, or other members of the committee to participate in the activities of the Standing Committee of the People's Council.
"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."
In maintaining contact with representatives of the People's Council, representative groups of the People's Council, the Standing Committee of the People's Council has the responsibility:
1- To urge the representative groups of the People's Council to organize for representatives of the People's Council to meet with voters, collect voter opinions and aspirations, and report to voters about the activities of the People's Council and the performance of their representative duties.
2- Monitor and compile the opinions and petitions of National Assembly delegates to transfer them to relevant state agencies for research and resolution; monitor and urge the resolution of the opinions and petitions of the delegates; report to the National Assembly on those opinions and petitions and the results of their resolution by relevant agencies and organizations;
3- Monitor and urge the implementation of policies and systems for National Assembly delegates;
Article 25
In receiving citizens, urging, inspecting, and examining the situation of resolving petitions, complaints, and denunciations of citizens, the Standing Committee of the National Assembly has the responsibility:
1- To organize the reception of citizens by the National Assembly, receiving petitions, complaints, and denunciations from citizens;
2- To assist the same-level National Assembly in examining the resolution of petitions, complaints, and denunciations of organizations and citizens, and reflect the comments of mass media on the activities of the National Assembly and its delegates;
3- To receive petitions, complaints, and denunciations from citizens and transfer them to competent organizations and individuals for resolution;
4- To urge and inspect the resolution of petitions, complaints, and denunciations of citizens by competent organizations and individuals. Competent organizations and individuals must resolve the petitions, complaints, and denunciations of citizens and report in writing to the Standing Committee of the National Assembly on the results of their resolution;
Article 26
In addition to the responsibilities stipulated in Articles 20, 21, 22, 23, 24, and 25 of this Regulation, the Standing Committee of the National Assembly has the responsibility:
1- To report on the organization and operation of the National Assembly at the local level to the National Assembly and the higher-level People's Council; the Standing Committee of the provincial-level National Assembly shall report to the Standing Committee of the National Assembly and the Government;
2- To organize the exchange of experience in the operation of the National Assembly and its committees to discuss measures to enhance the effectiveness of the National Assembly's operations at the local level;
3- To organize the study and implementation of the Law on the Organization of the National Assembly and People's Councils, the Operational Regulations of the National Assembly at all levels, other legal documents, and State policies for its own-level National Assembly delegates;
4- To maintain relations and coordinate work with the Delegation of the National Assembly at the local level; to create conditions for working groups of the Standing Committee of the National Assembly, the National Ethnic Council, and various Committees of the National Assembly, and working groups of the Government when they visit the locality;
5- To coordinate with the People's Council to decide on submitting representatives of the National Assembly to the People's Council or voters for removal according to the proposal of the Vietnam Fatherland Front Committee at the same level;
For the Standing Committee of the provincial-level National Assembly, there is also the responsibility to examine and decide on supplementary elections of National Assembly representatives at the district and commune levels according to Article 60 of the Law on the Election of National Assembly Representatives;
Article 27
The Standing Committee of the National Assembly meets at least once a month to review the implementation of resolutions of the National Assembly and decisions of the Standing Committee of the National Assembly, and set out tasks for the next month. The Heads and Deputy Heads of the National Assembly's committees, representatives of the People's Council, and the Vietnam Fatherland Front Committee at the same level may be invited to attend and express their opinions but not vote. Representatives of people's organizations may be invited to attend these meetings when discussing related issues;
Article 28
The Chairman of the Commune-level People's Council has the responsibility:
1- To coordinate with the same-level People's Council to prepare draft agendas, reports, and projects to be submitted to the National Assembly, convene sessions of the National Assembly:
a) To decide and announce the convening of a session of the National Assembly, send summonses and main documents of the session to National Assembly delegates;
b) To publicize the draft agenda of the session for the people to know;
c) To compile the opinions and petitions of voters to report at the session;
d) To ensure the preparation of draft resolutions of the National Assembly;
2- To chair sessions of the National Assembly:
a) To control sessions of the National Assembly;
b) To ensure democratic discussion;
c) To take votes when deemed necessary;
3- To urge and inspect the implementation of National Assembly resolutions:
a) To request the People's Council and other state agencies at the local level to report on the implementation of National Assembly resolutions and to implement necessary measures to ensure the implementation of National Assembly resolutions;
b) To organize inspections of the implementation of National Assembly resolutions;
c) When discovering violations in the implementation of National Assembly resolutions, he has the right to require relevant agencies or individuals who violated to promptly correct such violations. In necessary cases, the Chairman of the National Assembly may submit the matter to the nearest session of the National Assembly or convene an extraordinary session for the National Assembly to consider and decide;
d) To coordinate with the People's Council to resolve emerging issues during the implementation of National Assembly resolutions between two sessions of the National Assembly; adjust and supplement measures to ensure the implementation of National Assembly resolutions according to the proposal of the People's Council and report to the National Assembly for consideration at the nearest session;
4- To organize the reception of citizens, urge, and inspect the resolution of citizens' petitions, complaints, and denunciations:
a) To organize the reception of citizens by the National Assembly, receiving petitions, complaints, and denunciations from citizens;
b) To assist the National Assembly in examining the resolution of citizens' petitions, complaints, and denunciations against the National Assembly;
c) To transfer citizens' petitions, complaints, and denunciations to competent organizations and individuals for resolution;
d) To urge and inspect the resolution of citizens' petitions, complaints, and denunciations;
5- To maintain contact with National Assembly delegates and delegate groups, report on the activities of his own-level National Assembly to the National Assembly and the higher-level People's Council. To organize the implementation of the Constitution, the Law on the Organization of the National Assembly and People's Councils, the Operational Regulations of the National Assembly at all levels, other legal documents, and State policies for his own-level National Assembly delegates;
6- Maintain contact and coordinate work with the People's Committee in implementing the resolutions of the People's Council and create conditions for members and Delegations of the People's Council to operate effectively;
7- Coordinate with the People's Committee to decide on submitting to the People's Council or the voters for the removal of representatives of the People's Council upon the proposal of the Vietnam Fatherland Front Committee at the same level.
The Vice Chairman of the Commune People's Council participates in presiding over the sessions of the People's Council; performs tasks assigned by the Chairman of the People's Council and acts on behalf of the Chairman of the People's Council in the absence of the Chairman. In case of vacancy of the Chairman of the People's Council, the Vice Chairman of the People's Council shall assume the duties of the Chairman of the People's Council until a new Chairman is elected by the People's Council.
PART IV
THE COMMITTEES OF THE PEOPLE'S COUNCIL
Article 29
The Provincial People's Council has three committees: Economic and Budget Committee, Culture-Social Affairs Committee, Legal Committee; where there are many ethnic groups, a Nationalities Committee may be established.
The District People's Council has two Committees: Economic-Social Committee, Legal Committee.
Each committee consists of a Chairperson, a Deputy Chairperson, and members. The number of members of each committee is decided by the People's Council at the same level. Members of the committees of the People's Council cannot concurrently be members of the People's Committee at the same level. The Chairperson of the People's Council Committee cannot concurrently be the head of specialized agencies under the People's Committee, the Procurator of the People's Procuracy, or the President of the People's Court at the same level.
Article 30.
The committees of the People's Council operate under a collective system. The Chairperson directs the implementation of the committee's work program, prepares, convenes, and chairs meetings of the committee.
The Deputy Chairperson assists the Chairperson in performing tasks and is assigned to oversee certain matters of the committee. When the Chairperson is absent, a Deputy Chairperson authorized by the Chairperson will direct the committee's operations.
The Chairperson of the Provincial People's Council Committee may work full-time if the Chairperson works part-time, then the Deputy Chairperson works full-time. For part-time Chairpersons or Deputy Chairpersons, the People's Council specifies the time they must dedicate to the committee's activities. Each committee has at least one staff member to assist.
Article 31
The committees of the People's Councils at all levels cooperate in their work and exchange experiences on related issues. The committees of the People's Council cooperate with the Ethnic Group Council and the Committees of the National Assembly when working in local areas. The Ethnic Group Council and the Committees of the National Assembly exchange experiences with the committees of the People's Council regarding their respective fields of activity.
The committees of the People's Council nominate members to join the working delegation of the Standing Body of the People's Council at the same level when requested by the Standing Body of the People's Council.
Article 32
The People's Committee, specialized agencies under the People's Committee, the People's Court, the People's Procuracy at the same level, and other agencies and organizations responsible for providing information and documents on issues of concern to the committees of the People's Council and creating conditions for the committees to perform their duties.
When conducting activities to assist the People's Council in supervision, if violations of laws are discovered, the committees of the People's Council have the right to require the violating agency, organization, or unit to stop such violations, while reporting to the Standing Body of the People's Council and reporting to the People's Council at the same level at the nearest session.
Article 33
Based on the People's Council's work program, the committees of the People's Council develop their own work programs.
Monthly, the committees meet to review the implementation of their work programs; prepare for scrutiny, reports, and projects assigned; discuss the next month's work and assign tasks to committee members.
Article 34
The Economic and Budget Committee of the Provincial People's Council is responsible for:
1- Participating in preparing the draft agenda for the session, contents of reports, and proposals to be submitted to the People's Council for consideration and approval at the session;
2- Scrutinizing reports and proposals related to plans for economic and social development; encouraging the development of agriculture, forestry, fisheries, industry, and small-scale industries; trade and service production; applying scientific and technological progress; protecting and improving the environment;
3- Scrutinizing the budget estimates and allocation; approving final accounts and adjusting the budget estimate when necessary; collecting fees, charges, and contributions from the people according to the law; policies and measures to implement the local budget;
4- Assisting the People's Council at the same level in supervising the activities of the People's Committee and specialized agencies under the People's Committee in performing tasks and powers in the field of economy, budget, science, technology, and the environment;
5- Assisting the People's Council at the same level in supervising state agencies, political-social organizations, social organizations, economic organizations, armed forces units, and citizens in implementing the Constitution, laws, higher-level state agency documents, and resolutions of the People's Council at the same level within their respective fields of activity;
6- Organizing surveys on the implementation of laws concerning economy, budget, science, technology, and the environment in the locality;
7- Proposing to the People's Council on issues within the scope of the committee's activities.
Article 35
The Culture-Social Affairs Committee of the Provincial People's Council is responsible for:
1- Participating in preparing the draft agenda for the session, contents of reports, and proposals to be submitted to the People's Council for consideration and approval at the session of the People's Council;
2- Scrutinizing reports, proposals, policies, and measures for developing cultural and artistic affairs, physical culture and sports; building civilized lifestyles, cultural families, preventing and combating social evils; developing educational and training affairs; policies and measures for labor distribution, employment, and improvement of people's living standards; protecting people's health; preventing and controlling epidemics; implementing social policies and social relief.
3- Assist the same-level People's Council in supervising the activities of the People's Committee, specialized agencies under the People's Committee in performing tasks and powers related to cultural, educational, and social life areas;
4- Assist the same-level People's Council in supervising state agencies, political-social organizations, social organizations, economic organizations, people's armed units, and citizens in implementing the Constitution, laws, higher-level state agency documents, and resolutions of the same-level People's Council within their fields of operation;
5- Organize surveys on the implementation of legal provisions regarding culture, education, society, and life at the local level;
6- Propose to the People's Council on issues within the field of operation of the Board;
AT In places with many ethnic groups but where the provincial People's Council does not establish an Ethnic Board, the Cultural-Social Board's activities include issues related to ethnic policy as stipulated in Article 37 of this Regulation;
Article 36
The Legal Board of the provincial People's Council is responsible for:
1- Participating in preparing the draft agenda for the session, contents of reports, and proposals to be submitted to the People's Council for consideration and approval at the session of the People's Council;
2- Review reports from the People's Committee, People's Court, People's Procuracy at the same level; reports and projects related to national defense, security, public order, social safety, struggle against crime prevention, and other violations of the law; anti-corruption, anti-smuggling;
3- Review reports submitted to the People's Council on abolishing incorrect decisions of the same-level People's Committee, abolishing or requesting amendments to incorrect resolutions of district-level People's Councils, dissolving district-level People's Councils, approving resolutions dissolving village-level People's Councils by district-level People's Councils when such councils cause serious damage to the interests of the people; review proposals for delineating and adjusting administrative boundaries at the local level;
4- Assist the same-level People's Council in supervising the activities of the People's Committee, specialized agencies under the People's Committee, People's Court, and People's Procuracy at the same level;
5- Assist the same-level People's Council in supervising state agencies, political-social organizations, social organizations, economic organizations, people's armed units, and citizens in implementing the Constitution, laws, higher-level state agency documents, and resolutions of the same-level People's Council;
6- Organize surveys on the implementation of legal provisions within the Board's field of operation;
7- Participate in building plans for legal education and propaganda, inspecting the implementation of the Constitution, laws, higher-level state agency documents, and resolutions of the same-level People's Council;
8- Propose to the People's Council on measures to ensure the enforcement of the law at the local level;
Article 37
The Ethnic Board of the provincial People's Council is responsible for:
1- Participate in preparing draft agendas, contents of reports, and projects to be reviewed and approved at the People's Council sessions;
2- Review reports and projects related to the implementation of ethnic policies, improving material and spiritual living standards, raising the cultural level of ethnic minority communities; equality among ethnic groups;
3- Assist the same-level People's Council in supervising the activities of the People's Committee, specialized agencies under the People's Committee in implementing ethnic policies;
4- Assist the same-level People's Council in supervising state agencies, political-social organizations, social organizations, economic organizations, people's armed units, and citizens in implementing the Constitution, laws, higher-level state agency documents, and resolutions of the same-level People's Council related to ethnic policies;
5- Organize surveys on the implementation of legal provisions regarding ethnic policies;
6- Propose to the People's Council on issues related to the implementation of ethnic policies;
Article 38
The Economic-Social Board of the county-level People's Council is responsible for:
1- Participate in preparing draft agendas, contents of reports, and projects to be reviewed and approved at the People's Council sessions;
2- Review annual development reports and projects of the locality in economic and social sectors; labor distribution and population resettlement; promoting agriculture, forestry, fisheries, and small-scale industry development; cooperative construction and development; land use and management; forest protection; water resource planning, dike protection, and water conservancy works; applying scientific and technological progress to production, life, environmental protection and improvement, disaster prevention, mitigation, and recovery; thrift in state management activities; cultural, artistic, physical education, and sports development; education and training development; civilized lifestyle and cultural family construction; social evil prevention and unhealthy social phenomena; social relief policy implementation;
3- Review budget estimates and allocations, approve final accounts, and adjust budget estimates if necessary; policies and measures to implement the local budget;
4- Assist the same-level People's Council in supervising the activities of the People's Committee, specialized agencies under the People's Committee in performing tasks and powers related to economic, cultural, social, life, science, technology, and environmental fields;
5- Assist the same-level People's Council in supervising state agencies, political-social organizations, social organizations, economic organizations, people's armed units, and citizens in implementing the Constitution, laws, higher-level state agency documents, and resolutions of the same-level People's Council within economic, cultural, social, life, science, technology, and environmental fields;
6- Organize surveys on the implementation of legal provisions regarding economic, cultural, social, life, science, technology, and environmental fields;
7- Propose to the People's Council on issues within the Board's field of operation;
Article 39
The Legal Board of the county-level People's Council is responsible for:
1- Participating in preparing the draft agenda for the session, contents of reports, and proposals to be submitted to the People's Council for consideration and approval at the session of the People's Council;
2- Examine reports submitted by the People's Committee, the People's Court, and the People's Procuracy at the same level; reports and projects related to national defense, security, public order, social safety; prevention and combating of criminal activities and other violations of the law; combating smuggling and corruption;
3- Examine reports presented to the People's Council regarding the abolition of incorrect decisions made by the People's Committee at the same level, the abolition or request for amendment of incorrect resolutions made by the People's Council at the commune level, and the dissolution of the People's Council at the commune level if such council causes serious damage to the interests of the people; examine projects on delineation and adjustment of administrative boundaries in the locality;
4- Assist the People's Council at the same level in supervising the activities of the People's Committee, specialized agencies under the People's Committee, the People's Court, and the People's Procuracy at the same level in implementing their duties and powers concerning the enforcement of laws, national defense, security, public order, and social safety;
5- Assist the People's Council at the same level in supervising state agencies, political-social organizations, social organizations, economic organizations, armed forces units, and citizens in the implementation of the Constitution, laws, documents from higher-level state agencies, and resolutions of the People's Council at the same level concerning the enforcement of laws, national defense, security, public order, and social safety;
6- Organize surveys on the implementation of laws in areas related to the activities of the Board;
7- Participate in building plans for legal education and publicity, inspection of law enforcement, documents from higher-level state agencies, and resolutions of the People's Council;
8- Propose to the People's Council on issues within the scope of activities of the Board;
Article 40
The Boards of the People's Councils are responsible for examining reports and projects in areas within the scope of their activities. In addition, the Boards of the People's Councils also examine other reports and projects as assigned by the People's Council or the Standing Body of the People's Council at the same level;
To prepare for examination, the Boards of the People's Councils may dispatch members to participate in researching reports and projects; request relevant agencies to provide materials and present on matters that the Board will examine; organize meetings to gather opinions from those knowledgeable about the matter; conduct surveys on the actual situation at localities and bases related to the contents of the reports and projects;
The examination of reports and projects by the Boards of the People's Councils shall be conducted in the following sequence:
a) Representatives of the agency or individual presenting the report or project shall present the content of the report or project;
b) Representatives of relevant agencies or organizations shall express their opinions;
c) Members of the Board shall discuss;
d) The chairperson concludes the meeting.
The examination report of the Boards of the People's Councils shall be presented before the People's Council by the Chairman or Vice-Chairman of the Board. The content of the examination report must include the Board's evaluation of the report or project, issues agreed upon by the Board, issues not agreed upon or with differing opinions, and recommendations for amendments and supplements for the People's Council to consider and decide;
CHAPTER V
RELATIONSHIP BETWEEN THE STANDING BODY OF THE PEOPLE'S COUNCIL, THE CHAIRMAN OF THE PEOPLE'S COUNCIL AT THE COMMUNE LEVEL, AND THE BOARDS OF THE PEOPLE'S COUNCIL WITH THE PEOPLE'S COMMITTEE
Article 41
The Standing Body of the People's Council and the Chairman of the People's Council at the commune level closely cooperate with the People's Committee, specialized agencies under the People's Committee in preparing the agenda for sessions, reports, and projects to be submitted to the People's Council, resolving issues arising during the implementation of the People's Council's resolutions between two sessions concerning local socio-economic tasks, monitoring the organization and implementation of the People's Council's resolutions;
Article 42 |||
The Standing Body of the People's Council, and at the commune level, the Chairman of the People's Council may attend monthly meetings of the People's Committee to discuss the implementation of economic tasks, budget, and other tasks related to the People's Council, and meetings to conclude the work of specialized agencies under the People's Committee at the same level. The Chairmen and Deputy Chairmen of the Boards of the People's Council may be invited to attend meetings of the People's Committee and specialized agencies under the People's Committee on matters related to them;
The People's Committee may attend monthly meetings of the Standing Body of the People's Council to review the implementation of the People's Council's resolutions; review the work performance and build the work program for the next month. Heads of specialized agencies under the People's Committee may be invited to attend meetings of the Standing Body of the People's Council on related matters;
The Boards of the People's Council may invite representatives of the People's Committee and specialized agencies under the People's Committee to attend meetings to examine reports and projects to be submitted to the People's Council, join the Board's supervision teams when necessary; send the Board's work program to the People's Committee and specialized agencies under the People's Committee;
1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:
The People's Committee has the responsibility to provide the Standing Body of the People's Council, the Boards of the People's Council, and representatives of the People's Council at the same level and the Chairman of the People's Council at the directly subordinate level with documents and materials issued by the People's Committee that are related to the activities of the People's Council;
AT At the commune level, the People's Committee has the responsibility to provide the Chairman and Vice-Chairman of the People's Council and representatives of the People's Council with documents and materials issued by the People's Committee that are related to the activities of the People's Council;
Chapter VI
RELATIONSHIP BETWEEN THE PEOPLE'S COUNCIL AND THE VIETNAMESE FRONT FOR THE FATHERLAND AND OTHER SOCIAL ORGANIZATIONS
Article 44 |||
At all levels, the People's Councils closely cooperate with the Vietnamese Fatherland Front and its member organizations and other social organizations in the locality, establishing working relationships to fulfill their tasks well;
Twice a year, in mid-year and at the end of the year, the Standing Body of the People's Council, and at the commune level, the Chairman of the People's Council shall notify in writing the Vietnam Fatherland Front Committee at the same level about the activities of their People's Council and propose suggestions to the Vietnam Fatherland Front Committee.
During the regular session of the People's Council, the Vietnam Fatherland Front Committee reports on the activities of the Vietnam Fatherland Front participating in building state power, and on the opinions and recommendations of the Vietnam Fatherland Front Committee to the People's Council, the People's Committee, and the representatives of the same-level People's Council.
Article 45 |||
The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council coordinates with the Standing Board of the Vietnam Fatherland Front Committee and other mass organizations at the same level to monitor the activities and assist the People's Council representatives in performing their duties, organize meetings between representatives and voters, collect public opinions and aspirations to report to the People's Council.
The Vietnam Fatherland Front Committee and other mass organizations regularly supervise the performance of the duties of the People's Council representatives, propose rewards for outstanding representatives, and propose the removal of representatives who are no longer worthy of the trust of the people according to the provisions of the law.
Article 46 |||
The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council organizes for the representative of the Vietnam Fatherland Front Committee at the same level to participate in monitoring and inspection activities, coordinate with the Standing Board of the Vietnam Fatherland Front Committee at the same level in organizing public opinion on draft legal documents and important issues in the locality.
Chapter VII
GUARANTEES FOR THE ACTIVITIES OF THE PEOPLE'S COUNCIL
Article 47 |||
The operating budget of the People's Council is a portion of the local budget approved by the Standing Body of the People's Council, at the commune level, the Chairman of the People's Council submits to the same-level People's Council for decision in accordance with the guidelines of the Government.
The Chairman of the People's Council directs the implementation of the use of the operating budget of the People's Council.
Article 48
Current-term representatives of the People's Council are entitled to the following benefits:
1- Regularly provided with reports from the Standing Body of the People's Council, the same-level People's Committee, and other materials related to the activities of the People's Council;
2- Monthly granted a subsistence allowance:
- The subsistence allowance for commune-level People's Council representatives is 0.2 times the minimum wage coefficient;
The subsistence allowance for district-level People's Council representatives is 0.3 times the minimum wage coefficient;
- The subsistence allowance for provincial-level People's Council representatives is 0.4 times the minimum wage coefficient;
3- If the representative does not belong to the state staff or works in the state staff but has retired under the regulations, they are granted a health insurance card; upon death, they are entitled to funeral expenses according to the regulations of the same-level People's Council;
4- When performing the duties of a representative, the representative:
The working days of the People's Council representative within the administrative and service sector, military unit are covered by the employer or unit where the representative works.
If the representative works in a production and business unit or does not belong to the state staff, they are granted activity funds according to the decision of the same-level People's Council.
The funds for subsistence allowances, travel expenses, health insurance, and funeral expenses are part of the operating budget of the same-level People's Council.
Article 49
Current-term representatives are issued and use the People's Council representative card. The model of the People's Council representative card is prescribed by the Standing Committee of the National Assembly. The People's Council representative card is certified by the Chairman of the same-level People's Council.
When performing the duties of a representative, the representative must present the People's Council representative card.
Article 50
The People's Council, the Standing Body of the People's Council, the Chairman of the commune-level People's Council, the representatives of the People's Council, the representative groups of the People's Council, and the committees of the People's Council, if they complete their tasks excellently, will be considered for rewards according to the provisions of the law.
Article 51
During the People's Council meeting period, without the consent of the Chairperson of the session, no arrest of People's Council representatives shall be made. In case of immediate arrest due to being caught committing a crime or in emergency situations, the arresting authority must immediately notify the Chairperson of the session in writing.
Between two sessions of the People's Council, if a competent state agency orders the temporary detention of a People's Council representative, it must immediately notify the Chairman of the People's Council and the Chairman of the same-level People's Committee in writing.
Article 52
A People's Council representative who is a state cadre or civil servant violating discipline and subject to dismissal, demotion, or suspension from work must have the competent authority report in writing to the Standing Body of the People's Council before issuing a disciplinary decision, at the commune level, the Chairman of the People's Council must be reported.
A People's Council representative who is a state cadre or civil servant transferred out of the locality where the representative was elected must have the competent authority consult the opinion of the Standing Body of the same-level People's Council before issuing a transfer decision, at the commune level, the Chairman of the People's Council must consult the opinion of the Chairman of the People's Council. The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council reports to the People's Council and the voters who elected the representative about the transfer of the representative.
Article 53
All levels of the People's Council have offices for operations and assistance. The organization of the office assisting the People's Council is guided by the Government.
The Standing Body of the People's Council has a support department consisting of several capable and experienced staff members in state power construction work selected and managed by the Standing Body of the People's Council. The number of staff members of the Standing Body of the provincial-level People's Council is up to five, in Hanoi and Ho Chi Minh City up to seven, and at the district level is two.
The People's Council, the Standing Body of the People's Council, and the committees of the People's Council use the seal of the same-level People's Council. The Chairman and Deputy Chairmen of the commune-level People's Council use the seal of their own People's Council.
Chapter VIII
ACTIVITIES OF THE PEOPLE'S COUNCIL IN CASES OF CHANGES IN LEVEL OR BOUNDARIES OF ADMINISTRATIVE UNITS AND IN SPECIAL CASES
Article 54
In cases where there is a change in administrative management levels or administrative unit boundaries, and in special cases, the People's Council shall organize and operate according to the provisions of Chapter IV of the Law on the Organization of People's Councils and People's Committees (amended) and the regulations of this Charter.
Article 55
In cases where multiple administrative units merge into a new administrative unit at the same level, the People's Councils of the old administrative units shall be merged into the People's Council of the new administrative unit and continue their operations until the end of their term.
In cases where an administrative unit is divided into several new administrative units at the same level, representatives of the People's Council who were elected or worked in the territory of any of the new administrative units shall form the People's Council of that administrative unit and continue their operations until the end of their term.
The first session of the People's Council at the new administrative unit provided for in this Article shall be convened and chaired by a convener chosen from among the representatives of the People's Council of that administrative unit until the People's Council elects a Chairman of the People's Council of the new administrative unit. The Standing Body of the People's Council of the higher level directly in charge designates the convener; for provincial level, the Standing Committee of the National Assembly decides.
During the term, if any electoral district is lacking a representative of the People's Council, supplementary elections may be organized.
In cases where a newly divided administrative unit has a number of representatives of the People's Council previously elected in its territory that does not reach two-thirds of the total number of representatives of the People's Council as stipulated by the Law on Elections of Representatives to the People's Councils, supplementary elections must be held before the first session of the People's Council is conducted; the supplementary elections shall be carried out according to the provisions of the Law on Elections of Representatives to the People's Councils.
Article 56
In cases where an administrative unit changes its administrative management level, or in cases of establishing a new administrative unit, or in cases where the People's Council is dissolved, the Chairman of the People's Committee of the higher level directly in charge shall designate an interim People's Committee to operate until the People's Council and the People's Committee are elected; for provincial-level administrative units, the Prime Minister shall designate the interim People's Committee.
The Standing Committee of the National Assembly sets and announces the election day for representatives of the People's Councils of those administrative units.
The first session of the newly elected People's Councils in the administrative units provided for in this Article shall be convened and chaired by the Chairman of the interim People's Committee at the same level until the People's Council elects a Chairman of the People's Council.
Article 57
The elections and supplementary elections of representatives of the People's Councils as stipulated in Articles 55 and 56 of this Charter shall be conducted no later than six months from the date the decision on the merger, division, upgrading of administrative management level, or dissolution of the People's Council becomes effective.
In cases where the remaining time of the term of the People's Council of that session from the date a new administrative unit is merged, divided, upgraded in administrative management level, or the People's Council is dissolved to the election day of the next session is less than one year, no elections or supplementary elections of representatives of the People's Council shall be organized.
CHAPTER IX
REPRESENTATIVES OF THE PEOPLE'S COUNCILS REQUESTING TO RESIGN FROM THEIR DUTIES, REPRESENTATIVES BEING REMOVED FROM THEIR POSITIONS, REPRESENTATIVES LOSING THEIR QUALIFICATIONS AS REPRESENTATIVES OF THE PEOPLE'S COUNCILS AND DISSOLUTION OF THE PEOPLE'S COUNCILS
Article 58
The process for representatives of the People's Council requesting to resign from their duties shall proceed as follows:
1- Representatives of the People's Council submit a resignation request to the Standing Body of the People's Council at the same level; at the commune level, it is submitted to the Chairman of the People's Council.
2- The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council shall present the resignation request of the representative of the People's Council to the People's Council at the same level.
3- The People's Council discusses and votes to pass a resolution regarding the resignation request of the representative of the People's Council.
Before voting to pass the resolution, the representative of the People's Council requesting to resign from their duties may make a statement.
The Chairman of the People's Council shall notify the Vietnam Fatherland Front Committee at the same level and the voters in the constituency where the representative was elected of the resolution of the People's Council regarding the resignation request of the representative of the People's Council.
The representative of the People's Council ceases to perform their duties as a representative from the date the People's Council passes the resolution approving the resignation.
Article 59
The process for the People's Council removing representatives of the People's Council shall proceed as follows:
1- The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council shall present to the People's Council at the same level the proposal to remove representatives of the People's Council made by the Vietnam Fatherland Front Committee at the same level.
2- The People's Council shall discuss and vote to pass a resolution regarding the removal of representatives of the People's Council.
Before voting to pass the resolution, the representative of the People's Council proposed for removal may make a statement.
The resolution approving the removal of representatives of the People's Council must be approved by more than two-thirds of the total number of representatives of the People's Council.
The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council shall notify the voters in the constituency where the representative was elected of the removal of the representative of the People's Council, and simultaneously notify the Vietnam Fatherland Front Committee at the same level and the person removed.
Article 60
In cases where voters remove representatives of the People's Council, the removal of representatives of the People's Council shall be conducted in the constituency where the representative was elected and according to the following provisions:
1- The Standing Body of the Provincial People's Council sets and announces the date of the vote to remove; if removing representatives of the Provincial People's Council, the Standing Committee of the National Assembly sets and announces the date of the vote to remove.
2- Not later than fifteen days before the date of the vote to remove, the Standing Body of the People's Council, the People's Committee, and the Standing Board of the Vietnam Fatherland Front Committee at the same level shall establish a Removal Organization Board consisting of seven to nine members. At the commune level, the Chairman of the People's Council, the People's Committee, and the Standing Board of the Vietnam Fatherland Front Committee shall establish a Removal Organization Board consisting of five to seven members; The members of the Removal Organization Board shall include representatives from the Standing Body of the People's Council, at the commune level, the Chairman of the People's Council, representatives from the People's Committee, the Vietnam Fatherland Front Committee, and local mass organizations to direct the removal process. The Removal Organization Board shall elect a Chairperson, Deputy Chairperson, and Secretary. The Removal Organization Board shall operate on the principle of democratic centralism. Decisions of the Board must be approved by more than half of the total number of members voting in favor for them to take effect.
3- Not later than seven days before the date of the vote to remove, the Chairman of the People's Council, the People's Committee, and the Standing Board of the Vietnam Fatherland Front Committee at the commune level shall establish a Removal Task Force consisting of three to five members in each polling area within the constituency that elected the representative, including representatives from social organizations and voter groups. The Removal Task Force shall elect a Team Leader and a Secretary.
4- The list of voters participating in the vote to remove shall be established by the People's Committee at the commune level and posted at the People's Committee office and polling areas not later than seven days before the date of the vote to remove.
The conditions for being included in the list of voters participating in the vote to remove are stipulated in Article 2 of the Law on Election of People's Council Deputies.
5- The minutes of the ballot counting by the Removal Task Force shall be made in three copies, signed by the Team Leader and Secretary, and sent to the Removal Organization Board, the Chairman of the People's Council, and the People's Committee at the commune level.
Based on the minutes of the ballot counting by the Removal Task Forces, the Removal Organization Board shall prepare minutes confirming the results of the vote to remove. More than half of the total number of voters listed in the vote to remove list must participate in the vote for the removal of a People's Council deputy to be valid, and more than half of the votes must support the removal for the deputy to be removed.
The Removal Organization Board shall announce the results of the vote to remove not later than three days after the date of the vote to remove.
The minutes confirming the results of the vote to remove by the Removal Organization Board shall be made in five copies, signed by the Chairperson, Deputy Chairperson, and Secretary, and sent to the Standing Body of the People's Council, the People's Committee, the Vietnam Fatherland Front Committee at the same level, and the Standing Body of the People's Council, the People's Committee at the higher level directly responsible. If it is a vote to remove a People's Council deputy at the provincial level, the minutes shall be sent to the Standing Body of the People's Council, the People's Committee, the Vietnam Fatherland Front Committee at the same level, the Standing Committee of the National Assembly, and the Government.
6- The costs of organizing the vote to remove shall be covered by the local budget.
Article 61
In cases where a People's Council deputy is indicted, the competent authority must notify in writing the Standing Body of the People's Council, at the commune level, notify the Chairman of the People's Council before making the indictment decision. A People's Council deputy who is indicted shall have the Standing Body of the People's Council, at the commune level, the Chairman of the People's Council issue a decision temporarily suspending their duties as a deputy. The deputy will resume their duties as a deputy when the competent authority suspends the indictment against the deputy or after the trial without being sentenced by the Court.
A People's Council deputy who commits a crime and is sentenced by the Court, with the judgment having legal effect, shall lose their status as a People's Council deputy.
The Court that has tried the crime committed by a People's Council deputy shall be responsible for sending a copy of the judgment or an extract of the judgment with legal effect to the Standing Body of the People's Council, at the commune level, send to the Chairman of the People's Council and inform the Vietnam Fatherland Front Committee at the same level.
The Standing Body of the People's Council, at the commune level, the Chairman of the People's Council shall report to the People's Council at the nearest session about the loss of status as a People's Council deputy by that deputy. The Vietnam Fatherland Front Committee at the same level shall coordinate with the Representative Group of the People's Council to inform the voters in the constituency that elected the deputy.
Article 62
In cases where a People's Council causes serious damage to the interests of the people, it shall be dissolved by the People's Council at the higher level directly responsible; for a provincial-level People's Council, it shall be dissolved by the Standing Committee of the National Assembly.
The dissolution of a People's Council at the district or commune level shall be carried out according to the following procedures:
1- The Standing Body of the People's Council shall cooperate with the Chairman of the People's Committee to submit to the People's Council at their own level for consideration and decision on the dissolution of the People's Council at the lower level directly responsible.
2- The Chairperson or Deputy Chairperson of the Legal Affairs Committee of the People's Council shall report on the review of the proposal from the Standing Body of the People's Council and the People's Committee regarding the consideration of the dissolution of the People's Council.
3- The People's Council shall discuss and adopt a resolution dissolving the People's Council.
The resolution dissolving a People's Council at the commune level must be approved by the People's Council at the provincial level, and the resolution dissolving a People's Council at the district level must be approved by the Standing Committee of the National Assembly.
The consideration and decision on the dissolution of a provincial-level People's Council shall be carried out in accordance with the regulations of the Standing Committee of the National Assembly.
When a People's Council is dissolved, its deputies shall cease to perform their duties as deputies.
Chapter X
IMPLEMENTING PROVISIONS
1. The subjects eligible for the award of the title "People's Doctor" and "Outstanding Doctor" include doctors, pharmacists, medical technicians, traditional medicine practitioners engaged in medical treatment, pharmaceutical production, medical research, disease prevention, epidemic control, and health management officials.
The People's Council, the Standing Body of the People's Council, the People's Committee, at the commune level, the Chairman of the People's Council and the People's Committee, the deputies of the People's Council, and state agencies shall be responsible for implementing this Regulation.
Article 64
This Regulation replaces the previous Regulation on the organization and operation of People's Councils at all levels issued by the State Council on May 5, 1990. All previous provisions and guidelines contrary to this Regulation are hereby abolished./.
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