Resolution No. 629/2019/UBTVQH14 guiding certain activities of the People's Council

RESOLUTION

Guidelines on certain activities of the People's Council

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY  

Pursuant to the organizational regulations of the National Assembly No. 57/2014/QH13;WHEREAS The Law on Organization of the National Assembly;

Căn cứ Luật TPursuant to the Law on the Organization of Local Administration No. 7/QH13;

Article 1. The organization of sessions of the People's Council to examine and decide matters within its jurisdiction7/20151. The People's Council decides on the plan for organizing regular sessions in a year to decide matters within its jurisdiction for examination and decision as stipulated in Clause 1 of Article 78 of the Law on the Organization of Local Administration. In the plan, it must clearly state the number of regular sessions, the proposed time of organization, the content of each session, and other related issues (if any). The number of regular sessions of the People's Council shall be at least two sessions or more based on the situation, tasks, and actual requirements of the locality. 

RESOLUTION: 

During implementation, upon the proposal of the same-level People's Committee, relevant agencies, organizations, or the Standing Body of the People's Council may propose that the People's Council decide to adjust the plan to supplement additional regular sessions in the year.

2. For urgent matters within the jurisdiction of the People's Council that need immediate decision-making and arise between two regular sessions of the People's Council, the Standing Body of the People's Council itself or upon the request of the Chairman of the same-level People's Committee or at least one-third of the total number of People's Council deputies may convene an extraordinary session of the People's Council to examine and decide. The number of extraordinary sessions and the timing of convening such sessions shall be based on the requirements and tasks arising in the locality.

At the extraordinary session, the People's Council may examine and decide on one or multiple items within its jurisdiction. The examination and decision-making of matters at the extraordinary session shall be carried out according to the procedures and formalities as at the regular session.

Article 2. Extraordinary session of the People's Council when at least one-third of the total number of People's Council deputies request

1. Between two regular sessions, when at least one-third of the total number of People's Council deputies request, the Standing Body of the People's Council shall convene an extraordinary session of the People's Council.

2. The request document must state the reasons, have the signature, name, and address of the People's Council deputy.

3. The decision to convene an extraordinary session must be sent to the People's Council deputies at least seven days before the opening of the session. The proposed program of the extraordinary session of the People's Council must be published in the media at least three days before the opening of the session.

Article 3. Transfer of work of a People's Council deputy

1. The agency or organization with authority, prior to deciding on the transfer of work of a People's Council deputy out of the administrative unit where he/she was elected as a deputy, must notify the same-level People's Council Standing Body.

2. The Standing Body of the People's Council reports to the People's Council at the nearest session, informs the Standing Body of the Vietnam Fatherland Front Committee at the same level, and notifies the voters who elected that deputy about the transfer of work of the deputy.

1. The competent authority shall notify the Standing Body of the People's Council at the same level before deciding to transfer the work of a People's Council representative out of the administrative unit where that person was elected as a representative.

2. The Standing Body of the People's Council shall report to the People's Council at the nearest session, and notify the Permanent Standing Committee of the Vietnam Fatherland Front at the same level and the voters who elected that representative about the work transfer of the representative.

Article 4. Transfer of Activities of the People's Council Delegation Group

1. When a provincial or district-level People's Council representative transfers work or residence to another locality within the administrative unit where they were elected as a People's Council representative, such representative may transfer their activities from the current People's Council Delegation Group to the Delegation Group of the locality where they work or reside.

2. The People's Council representative shall submit a request for transferring activities to the Standing Committee of the People's Council. The Standing Committee of the People's Council decides on the transfer of the representative’s activities and notifies the same-level Vietnam Fatherland Front Committee, the Delegation Group from which the representative is transferring, and the Delegation Group to which the representative is transferring.

Article 5. Use of Seals of the People's Council and Signatures of the Delegation Group Leader and Deputy Leader

1. During the performance of duties and powers, the Standing Committee of the People's Council and the Committees of the People's Council may use the seal of the same-level People's Council in their documents.

2. During the performance of duties and powers of the People's Council Delegation Group, the signatures of the Delegation Group Leader and Deputy Leader serve as the basis for confirming the legal validity of documents issued by the People's Council Delegation Group.

Article 6. Contact with Voters of Commune-Level People's Council Representatives

The Standing Committee of the commune-level People's Council assigns its representatives directly to carry out voter contact tasks at villages and residential wards, and assists the Standing Committee in collecting information, exchanging views, and discussing during the commune-level People's Council session.

Article 7. Clerk of the People's Council Session

1. The clerical work of the provincial and district-level People's Council sessions is organized and implemented by the People's Council support staff.

The Standing Committee of the commune-level People's Council selects one or two commune-level People's Council representatives to perform the clerical work of the session and report to the People's Council for consideration and decision at the preparatory meeting (if any) or at the opening session of the People's Council.

2. The clerical work of the People's Council session includes the following contents:

a) Preparing lists of attending and absent representatives in each session and throughout the session;

b) Recording minutes of the session;

c) Compiling fully, truthfully, and accurately the opinions of representatives at plenary meetings and delegation group meetings;

d) Assisting the Chairperson of the session in implementing procedures and formalities during the session, providing information and promotional materials about the session;

đ) Performing other tasks assigned by the Chairperson of the session.

Article 8. Assignment of Vice Chairman of the People's Council to Perform Duties and Powers of the Chairman of the People's Council

1. In the term of office, if there is a vacancy in the position of Chairman of the provincial or district-level People's Council, the Standing Committee of the same-level People's Council assigns one Vice Chairman to perform the duties and powers of the Chairman until a new Chairman is elected.

2. In the term of office, if there is a vacancy in the position of Chairman of the commune-level People's Council, the Vice Chairman of the commune-level People's Council performs the duties and powers of the Chairman until a new Chairman is elected.

In case the Chairman of the commune-level People's Council is subject to disciplinary action and the competent authority proposes removal or dismissal, the Standing Committee of the district-level People's Council decides on assigning the Vice Chairman of the commune-level People's Council to perform the duties and powers of the Chairman until a new Chairman is elected.

Article 9. Oversight Activities of the Delegation of People's Council Members

1. Based on the oversight program, the delegation of provincial and district-level People's Councils shall carry out oversight activities according to the division of labor by the People's Council, the Standing Committee of the People's Council, or independently exercise their oversight rights within their authority and report the results of the oversight to the Standing Committee of the People's Council.

2. In cases where the delegation of People's Council members conducts oversight within their authority, the head of the delegation of People's Council members decides on the subjects, scope, content, plan, and participants in the oversight activities of the delegation of People's Council members.

Article 10. Approval and Termination of Membership in Committees of the People's Council

1. The Chairperson of the Committee of the People's Council proposes a list of committee members for approval by the Standing Committee of the People's Council. The proposal and approval of the list of committee members of the People's Council are based on the expertise, professional qualifications, experience, positions held by each representative, the number and structure requirements of each committee, and the representatives' wishes.

2. The termination of membership in committees of the People's Council is proposed by the Chairperson of the Committee of the People's Council for consideration and decision by the Standing Committee of the People's Council.

Article 11. Implementation Provisions

1. This Resolution takes effect from March 15, 2019.

2. The People's Councils at all levels, the Standing Committee of the People's Council, the Committees of the People's Council, the delegation of People's Council members, and People's Council representatives at all levels are responsible for implementing this Resolution./.