Law on Local Administration No. 65/2025/QH15

LAW

LOCAL ADMINISTRATIVE ORGANIZATION

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Local Administration.

PART I

GENERAL PROVISIONS

Article 1. Administrative Units

1. The administrative units of the Socialist Republic of Vietnam include:

a) Provinces and centrally-administered cities (hereinafter referred to collectively as provincial level);

b) Districts, towns, urban districts, and cities under provinces and centrally-administered cities (hereinafter referred to collectively as district level);

c) Communes, wards, and towns (hereinafter referred to collectively as commune level);

d) Special administrative-economic zones established by the National Assembly's decision.

2. Depending on geographical conditions, population, economic and social development requirements, and national defense and security needs, administrative units at the district level on islands and island groups (hereinafter referred to collectively as maritime islands) may not organize administrative units at the commune level.

Article 2. Organization of Local Administration in Administrative Units

1. Local administration in administrative units specified in points a, b, and c, Clause 1, Article 1 of this Law consists of People's Councils and People's Committees.

In cases where the National Assembly stipulates that local administration shall not be organized in specific administrative units, local administration in such units shall be the People's Committee.

2. Local administration in rural areas includes local administration at the provincial, district, and commune levels.

3. Local administration in urban areas includes local administration at the centrally-administered city, town, urban district, city under province, city under centrally-administered city, ward, and town levels.

4. Local administration in special administrative-economic zones shall be determined by the National Assembly when establishing such zones.

Article 3. Classification of Administrative Units

1. The classification of administrative units serves as the basis for formulating policies for economic and social development, building organizational structures, systems, and policies for civil servants of local administrations suitable for each type of administrative unit.

2. The classification of administrative units must be based on criteria related to population size, natural area, level of economic and social development, and special characteristics of each type of administrative unit in rural, urban, mountainous, highland, and maritime island areas as prescribed by the Standing Committee of the National Assembly.

Article 4. Principles of Organization and Operation of Local Administration

1. Adherence to the Constitution and laws, management of society by law; implementation of the principle of democratic centralism.

The People's Council operates under a collective system and decides by majority vote. The People's Committee at the local administration level operates under a collective system of the People's Committee combined with the emphasis on the responsibility of the Chairman of the People's Committee.

2. Local administration organization should be streamlined, efficient, effective, responsive to the demands of professional, modern, transparent local governance, ensuring accountability linked to power control mechanisms.

3. Ensuring human rights and citizens' rights; promoting the people's right to self-governance, serving the people, subject to people's inspection and supervision.

4. Ensuring a unified, smooth, continuous administrative system.

5. Matters within the jurisdiction of local administration must be decided and implemented by the locality, and the locality must bear responsibility for them.

Article 5. People's Council

1. The People's Council consists of representatives elected by voters in the locality, serving as the state power organ at the local level, representing the will, aspirations, and right to mastery of the people, accountable to the local people and higher-level state agencies.

2. Representatives of the People's Council are persons representing the will and aspirations of the local people, accountable to local voters and the People's Council for the performance of their representative duties and powers.

3. Representatives of the People's Council must meet the following criteria:

a) Loyal to the country, the people, and the Constitution, striving to implement the renewal process for the goal of a wealthy people, a strong country, democracy, equity, civilization;

b) Possess only one nationality, which is Vietnamese nationality;

c) Have good moral qualities, being thrifty, honest, upright, and incorruptible, setting an example in complying with the law; having firm resolve to combat corruption, wastefulness, bureaucracy, arrogance, and other acts violating the law;

d) Having cultural and professional qualifications, sufficient capability, health, work experience, and reputation to perform representative duties; having conditions to participate in activities of the People's Council;

đ) Residing or working at an agency, organization, or enterprise within the administrative unit where they serve as representatives of the People's Council;

e) Maintaining close contact with the people, listening to their opinions, and earning their trust.

4. The term of each session of the People's Council is five years, from the opening day of the first session of that term to the opening day of the first session of the next term. At least 45 days before the end of the term of the People's Council, the new term of the People's Council must be completed. Shortening or extending the term of the People's Council is decided by the National Assembly upon the proposal of the Standing Committee of the National Assembly.

5. The Standing Committee of the National Assembly supervises and guides the activities of the People's Council, promulgates a model Regulation on Operation of the People's Council. The Government provides guidance, monitors the People's Council in implementing higher-level state agency documents; creates conditions for the People's Council to fulfill its tasks and powers as prescribed by law.

Article 6. People's Committee

1. The People's Committee at the local government level is elected by the same-level People's Council, serving as the executive body of the People's Council and the administrative state organ at the local level, accountable to the local people, the same-level People's Council, and higher-level administrative state organs.

The People's Committee in places without a local government level is the administrative state organ at the local level, accountable to the local people and the directly superior People's Committee.

2. The term of the People's Committee at the local government level follows the term of the same-level People's Council. When the People's Council completes its term, the People's Committee continues its duties until the new term of the People's Council elects a new People's Committee.

3. The Government leads, guides, inspects, and audits the organization and operation of the People's Committee; promulgates a model Regulation on Operation of the People's Committee.

Article 7. Working relations between local administrative authorities and the Vietnam Fatherland Front Committee and political-social organizations at the local level

1. Local administrative authorities shall coordinate with and promote the role of the Vietnam Fatherland Front Committee and political-social organizations in disseminating information and mobilizing the people to participate in building and consolidating people's administration, implementing state policies and laws, supervising and providing social feedback on the activities of local administrative authorities.

2. The Chairman of the Vietnam Fatherland Front Committee shall attend sessions of the People's Councils at the same level; be invited to attend meetings of the People's Committees at the same level when discussing issues related thereto. Heads of political-social organizations at the local level shall be invited to attend sessions of the People's Councils and meetings of the People's Committees at the same level when discussing issues related thereto.

3. The People's Councils and People's Committees shall implement a system of reporting the situation of the locality to the Vietnam Fatherland Front Committee and political-social organizations at the same level.

4. Local administrative authorities shall have the responsibility to listen to, resolve, and respond to proposals from the Vietnam Fatherland Front Committee and political-social organizations participating in building the administration and opinions and proposals from the local people compiled and transferred by the Vietnam Fatherland Front Committee.

Chapter II

ORGANIZATION OF ADMINISTRATIVE UNITS AND ESTABLISHMENT, DISSOLUTION, MERGER, SPLITTING OF ADMINISTRATIVE UNITS, ADJUSTMENT OF BOUNDARIES AND RENAMING OF ADMINISTRATIVE UNITS

Article 8. Principles for organizing administrative units and conditions for establishing, dissolving, merging, splitting administrative units, and adjusting boundaries of administrative units

1. The organization of administrative units shall be carried out according to the following principles:

a) Compliance with the Constitution and laws; ensuring the stability, continuity, and smoothness of state management;

b) Consistency with the economic and social development strategy for each period, suitability with the natural and social characteristics, historical traditions, culture, and requirements for national defense, security, public order, and social safety of each locality;

c) Suitability with the management capacity of the local administrative apparatus, the degree of digital transformation; ensuring that relevant administrative procedures concerning citizens, businesses, and society are promptly and conveniently received and resolved;

d) Reorganization and restructuring of administrative units that do not meet the standards prescribed by law.

2. The establishment, merger, splitting, and boundary adjustment of administrative units must satisfy the following conditions:

a) Consistency with approved related planning;

b) Ensuring the common interests of the nation, the effectiveness and efficiency of local administrative management at all levels; promoting potential and advantages to boost the economic and social development of the country and each locality;

c) Ensuring requirements for national defense, security, public order, and social safety;

d) Ensuring ethnic unity, consistency with traditional historical and cultural factors of the locality; facilitating the people;

đ) Must be based on the standards of administrative units suitable with rural, urban, and island characteristics as stipulated by the Standing Committee of the National Assembly.

3. Dissolution of administrative units shall only be implemented in the following cases:

a) Due to the need for economic and social development and ensuring national defense and security of the locality or the country;

b) Due to changes in geographic and topographic factors affecting the existence of such administrative unit.

Article 9. Competence to decide on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units

1. The National Assembly decides on the establishment, dissolution, merger, division of provincial-level administrative units, adjustment of territorial boundaries, and renaming of provincial-level administrative units.

2. The Standing Committee of the National Assembly decides on the establishment, dissolution, merger, division of district-level and commune-level administrative units, adjustment of territorial boundaries, and renaming of district-level and commune-level administrative units.

Article 10. Procedures and formalities for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units

1. The Government organizes the development of proposals for the establishment, dissolution, merger, division of provincial-level administrative units, adjustment of territorial boundaries, and renaming of provincial-level administrative units to be submitted to the National Assembly; the People's Council at the provincial level organizes the development of proposals for the establishment, dissolution, merger, division of district-level and commune-level administrative units, adjustment of territorial boundaries, and renaming of district-level and commune-level administrative units to be submitted to the Government for submission to the Standing Committee of the National Assembly.

2. The dossier for the proposal on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units includes:

a) A report on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units;

b) A proposal on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units;

c) A summary report of opinions from the people, opinions of People's Councils at all levels, and related agencies and organizations;

d) Draft resolutions of the National Assembly or draft resolutions of the Standing Committee of the National Assembly on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units.

3. Proposals for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units must seek public opinion in communes directly affected. The People's Committee at the provincial level is responsible for organizing public opinion on the policy of establishing, dissolving, merging, dividing administrative units, adjusting territorial boundaries, and renaming administrative units through appropriate forms as prescribed by the Government.

4. After obtaining the results of public opinion, the agency developing the proposal is responsible for completing the proposal and submitting it to the People's Councils at the provincial, district, and commune levels in relevant administrative units for consideration and comments on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units.

5. Proposals for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units must be reviewed before being submitted to the Government and examined before being submitted to the National Assembly and the Standing Committee of the National Assembly for consideration and decision.

6. The development of proposals, procedures, and formalities for considering and approving proposals for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units shall be carried out according to the regulations of the Standing Committee of the National Assembly.

Chapter III

DETERMINATION OF THE COMPETENCE OF LOCAL AUTHORITIES AT VARIOUS LEVELS

Article 11. Determination of the competence of local authorities

1. The tasks and powers of local authorities at various levels are determined based on the demarcation of competences between central state agencies and local state agencies and among local authorities at various levels in accordance with the principles of decentralization and deconcentration.

2. The demarcation of competences of local authorities must ensure the following principles:

a) Clearly define the content and scope of tasks and powers that local authorities are authorized to decide, organize the implementation of, and bear responsibility for the outcomes;

b) Ensure that there is no overlap or duplication of tasks and powers between central and local state agencies, among local authorities at various levels, and among agencies and organizations under local authorities;

c) Be consistent with the characteristics of rural, urban, island, and special administrative-economic zones, and the capacity and conditions for implementing tasks and powers of local authorities at various levels. Agencies, organizations, and individuals entrusted with carrying out the tasks and powers of higher-level state agencies are provided with necessary conditions to perform those tasks and powers;

d) Ensure transparency, accountability, and effective control over power, coupled with the inspection, audit, and supervision responsibilities of higher-level state agencies; promptly adjust the content of decentralization and deconcentration when agencies, organizations, and individuals entrusted with such powers fail to effectively carry out the assigned tasks and powers;

đ) Ensure unity in the implementation of the Constitution and laws;

e) Meet the requirements of local governance; apply science, technology, innovation, and digital transformation;

g) Matters involving two or more commune-level administrative units fall within the jurisdiction of local authorities at the district level; matters involving two or more district-level administrative units fall within the jurisdiction of local authorities at the provincial level; matters involving two or more provincial-level administrative units fall within the jurisdiction of central state agencies, except where otherwise provided by law or resolutions of the National Assembly.

3. Local authorities may proactively propose to competent agencies about decentralizing and deconcentrating powers to agencies, organizations, and individuals with authority at the local level to carry out tasks and powers suitable to the actual capacity and conditions of the locality.

4. Regulations on the tasks and powers of local authorities and their agencies in normative legal documents must comply with this Law and ensure effective oversight of state power.

Article 12. Delegation of Authority

1. The delegation of authority to local administrative levels must be stipulated in laws and resolutions of the National Assembly, clearly defining the subject implementing the authority, the content, scope of tasks and powers, ensuring principles for delineating authority, and being consistent with the tasks and powers of local administrative levels as prescribed in this Law.

2. Local administrative bodies have autonomy in making decisions, organizing implementation, and bearing responsibility within the scope of delegated tasks and powers; they may be delegated or authorized to perform tasks and powers as prescribed in Articles 13 and 14 of this Law, except where laws and resolutions of the National Assembly stipulate that such delegation or authorization is not allowed.

3. Higher-level state agencies, within their own scope of tasks and powers, are responsible for inspecting, auditing, and supervising the constitutionality and legality of local administrative levels' performance of delegated tasks and powers.

Article 13. Delegation of Levels

1. Provincial People's Committees and District People's Committees delegate to specialized agencies, other administrative organizations under their own People's Committee, or lower-level People's Committees and Chairpersons of People's Committees the continuous and regular performance of one or several tasks and powers assigned to them according to the law, except where the law stipulates that such delegation is not allowed.

Provincial People's Committees and District People's Committees delegate to public service units under their management the continuous and regular performance of one or several tasks assigned to them according to the law to increase the autonomy of public service units in managing their units and providing public services, except where the law stipulates that such delegation is not allowed.

2. The delegation of levels must be stipulated in normative legal documents of the delegating agency. The delegating agency is responsible for ensuring necessary conditions for the performance of delegated tasks and powers, except when the agency, organization, unit, or individual receiving the delegation requests and self-assures the conditions for performing the delegated tasks and powers.

3. The delegating agency is responsible for monitoring, guiding, and inspecting the performance of delegated tasks and powers, ensuring that the contents of the delegation are effectively implemented; it bears responsibility for the results of the performance of delegated tasks and powers if it fails to ensure the conditions as stipulated in Clause 2 of this Article.

4. Agencies, organizations, units, and individuals receiving the delegation have the right to participate in opinions on draft delegation documents; request the delegating agency to adjust the delegation content; bear legal responsibility before the law and the delegating agency regarding the results of performing delegated tasks and powers, regularly report and evaluate the performance of delegated tasks and powers, and shall not further delegate the tasks and powers they have received.

5. Provincial People's Committees may propose to the Government, Prime Minister, Ministers, Heads of ministerial-level agencies to delegate or propose to the Government to request the National Assembly to delegate authority to agencies, organizations, and individuals with authority at the local level to perform tasks and powers suitable to the capacity and practical conditions of the locality.

Agencies, organizations, and individuals with authority at the local level may propose to the People's Committee about delegating tasks and powers to themselves if they meet financial requirements, human resources, and other necessary conditions.

6. In cases where it is necessary to change the procedures, processes, and authority currently stipulated in normative legal documents of higher-level state agencies to implement the delegation, the agencies, organizations, units, and individuals receiving the delegation may request the Provincial People's Committee to adjust those provisions to perform delegated tasks and powers, ensuring requirements for administrative reform towards reducing administrative procedures, not adding new components to the dossier, not increasing additional requirements, conditions, or time limits for processing procedures currently in use.

Provincial People's Committees consider and issue documents adjusting the procedures, processes, and authority of related agencies to perform delegated tasks and powers; publicly disclose administrative procedures according to the law, and then have the responsibility to report to central-level state management agencies in relevant sectors about the adjustment of procedures, processes, and authority to perform delegated tasks and powers in their locality.

Article 14. Delegation

1. The People's Committee may delegate to the Chairman of the People's Committee, specialized agencies, other administrative organizations, public service units under its own level of People's Committee, or People's Committees, Chairmen of People's Committees at lower levels; the Chairman of the People's Committee may delegate to specialized agencies, other administrative organizations, public service units at the same level of People's Committee, or Chairmen of People's Committees at lower levels; specialized agencies, other administrative organizations under provincial and district-level People's Committees may delegate to People's Committees, Chairmen of People's Committees, specialized agencies, and other administrative organizations at lower levels to perform one or several tasks and powers assigned to them according to the law within a specified time frame accompanied by specific conditions, except where the law stipulates that such delegation is not allowed.

Delegation to public service units shall only be implemented for tasks and powers aimed at increasing autonomy for public service units in managing their units and providing public services.

2. Delegation must ensure the following conditions:

a) Delegation must be carried out through a written document from the delegating agency, organization, or individual. The delegation document must clearly specify the content, scope, and duration of the delegation, the method of implementation, and necessary conditions for performing the delegated tasks and powers;

b) Delegation must be appropriate to the capacity and ability of the receiving agency, organization, unit, or individual to carry out the tasks.

3. The delegating agency, organization, or individual has the responsibility to monitor, guide, inspect, and evaluate the performance of the delegated tasks and powers; they are responsible under the law for the legality of the delegation and the results of the delegated tasks and powers, except when the receiving agency, organization, unit, or individual performs outside the content, scope, and duration specified in Clause 4 of this Article. In cases where delegation leads to the need to change procedures, processes, and authority to implement the delegated tasks and powers, it shall be carried out according to the provisions of Clause 6 of Article 13 of this Law.

4. The receiving agency, organization, unit, or individual must strictly perform the delegated tasks and powers and be responsible to the delegating agency, organization, or individual for the results of the delegated tasks and powers. If the receiving agency, organization, unit, or individual performs outside the content, scope, and duration specified in the delegation, they will be responsible under the law for the results of the delegated tasks and powers, and the delegating agency, organization, or individual will not be responsible for the improper performance.

5. The receiving agency, organization, unit, or individual has the right to request the delegating agency, organization, or individual to adjust the content, scope, and duration of the delegation; they may not further delegate the tasks and powers they have been delegated.

6. The receiving agency, organization, unit, or individual uses its own agency, organization, or unit's document format and seal to perform the delegated tasks, except in cases provided for in Clause 7 of this Article.

7. In cases where the head of an agency or organization signs documents on behalf of the leadership collective; the deputy of the head of an agency or organization signs on behalf of the leadership collective, replacing the head of the agency or organization; the head of an agency or organization delegates to the deputy, the head of an agency or organization, or units within the organizational structure; civil servants at the commune-level People's Committee are assigned by the Chairman of the commune-level People's Committee to perform certain tasks and powers with delegated authority, then they shall follow the regulations of the Government on archival work.

Chapter IV

TASKS AND POWERS OF LOCAL ADMINISTRATION

Mục 1. TASKS AND POWERS OF LOCAL ADMINISTRATIVE AUTHORITIES AT THE PROVINCE LEVEL

Article 15. Tasks and powers of the Provincial People's Council

1. The Provincial People's Council shall perform the following tasks and powers:

a) Decide on measures to ensure the implementation of the Constitution and laws at the local level;

b) Decide on long-term, medium-term, and annual strategies and plans for socio-economic development; planning and development plans for sectors and fields of the locality in accordance with the provisions of the law;

c) Decide on the state budget revenue forecast on its territory; the local budget revenue and expenditure forecast and allocation of its own budget forecast; adjust the local budget forecast when necessary; approve the final accounts of the local budget; decide on matters related to fees and charges, borrowing sources in accordance with the provisions of the law;

d) Decide on mechanisms, policies, and measures to develop financial, investment, science, technology, innovation, digital transformation, land, natural resources, environment, trade, services, industry, agriculture, construction, transportation, education, health, administrative justice, internal affairs, labor, social welfare, culture, information, tourism, sports fields of the locality in accordance with the provisions of the law;

đ) Decide on measures to implement ethnic and religious policies; measures to ensure the implementation of national defense, security, public order, safety, foreign relations; measures to protect the property of agencies and organizations, protect the lives, freedoms, honors, personalities, properties, other legitimate rights and interests of citizens, ensure human rights, prevent and combat corruption, waste, crime, and other violations of the law at the local level in accordance with the provisions of the law;

e) Based on the guidelines of the Party, decide to apply pilot special policies not yet provided for in the law to promote socio-economic development on its territory after reporting and obtaining permission from the Prime Minister;

g) Issue the Operation Regulations of the People's Council, the Standing Committee of the People's Council, the Committees of the People's Council, the Delegation of the People's Council, and the People's Council representatives at their own level;

h) Decide on the establishment, reorganization, renaming, dissolution of specialized agencies under the same-level People's Committee in accordance with the provisions of the law;

i) Decide on the staffing of cadres and civil servants in local administrative agencies at all levels according to the staffing quota assigned by the competent authority; decide on the total number of people working and receiving salaries from the state budget in public service units under its management; decide on the total number and level of allowances for non-professional workers at the commune, village, and ward level; decide on talent utilization policies, attraction, and encouragement policies for cadres, civil servants, officials, and workers working in the locality in line with the financial capacity of the locality;

k) Examine and give opinions on the establishment, dissolution, merger, division, adjustment of administrative boundaries, and renaming of administrative units at the local level;

l) Decide on naming and renaming streets, squares, public works at the local level in accordance with the provisions of the law;

m) Elect, appoint, and dismiss the Chairman, Vice Chairmen of the People's Council, Heads of the People's Council Committees at their own level; the Chairman, Vice Chairmen, Members of the same-level People's Committee; elect, appoint, and dismiss judges in accordance with the provisions of the law;

n) Conduct trust votes for persons holding positions elected by the People's Council in accordance with the provisions of the law;

o) Supervise the implementation of the Constitution and laws at the local level and the implementation of resolutions of the People's Council at their own level; supervise the activities of the Standing Committee of the People's Council, the Committees of the People's Council at their own level; supervise the activities of the People's Committee, People's Court, People's Procuracy, and other agencies at the local level in accordance with the provisions of the law;

p) Dismiss People's Council representatives and approve the resignation of People's Council representatives at their own level in accordance with the provisions of the law;

q) Issue resolutions on issues within the tasks and powers of the People's Council at their own level; revoke, amend, and supplement documents issued by themselves when they consider them no longer appropriate or contrary to the law;

r) Revoke part or all of the documents contrary to the law issued by the People's Committee, the Chairman of the People's Committee at the same level, and the People's Council at the district level;

s) Dissolve the People's Council at the district level in case it causes serious damage to the interests of the people and report to the Standing Committee of the National Assembly for approval;

t) Perform tasks and powers delegated and other tasks and powers as prescribed by law.

2. The People's Council of a centrally-administered city shall perform the tasks and powers stipulated in Clause 1 of this Article and the following tasks and powers:

a) Decide on strategies, mechanisms, policies, and measures to develop the economy and society, urban infrastructure, sectors, and fields on its territory in accordance with the provisions of the law;

b) Decide on measures to enhance the role of the central economic and social hub of a large city in relation to other localities in the region, area, and nationwide in accordance with the provisions of the law;

c) Decide on measures to manage the population in the city and organize urban residents' life in accordance with the provisions of the law.

Article 16. Duties and Authorities of the People's Committee at the Provincial Level

1. The Provincial People's Committee shall perform the following duties and authorities:

a) Drafting and submitting to the same-level People's Council for consideration and issuance of resolutions to implement the duties and authorities stipulated in points a, b, c, d, đ, e, h, i, k, and l of Clause 1, Article 15 of this Law;

b) Organizing the implementation of the Constitution and laws at the local level; organizing the implementation of resolutions of the same-level People's Council; ensuring material conditions, human resources, and other sources to implement the Constitution and laws at the local level;

c) Being responsible for coordinating with state agencies at the central level and local authorities to promote regional economic linkage, local linkage, implementation of regional planning, and ensuring the unity of the national economy;

d) Implementing administrative management of the State at the local level to ensure unity, smoothness, continuity, effectiveness, democracy, rule of law, professionalism, modern governance, integrity, transparency, and service to the people;

đ) Managing the staffing of civil servants in administrative agencies of local authorities at all levels, the number of personnel working on salary from the State budget under agencies and units under its jurisdiction, the number of village-level cadres and civil servants, non-professional workers at the village and ward levels according to the provisions of the law and competent authority;

e) Specifying the organizational structure and specific duties and authorities of specialized agencies under its own People's Committee; deciding on establishment, reorganization, name change, dissolution, and specifying the organizational structure, specific duties, and authorities of public service units under its own People's Committee according to the provisions of the law;

g) Deciding on the number of Deputy Chairpersons of the People's Committee of each district-level administrative unit to ensure that the total number of Deputy Chairpersons of the People's Committee of districts within the territory does not exceed the total number specified in the framework set by the Government;

h) Issuing, abolishing, amending, and supplementing documents issued by itself when it deems them no longer appropriate or contrary to the law;

i) Issuing the Operational Regulations of its own People's Committee;

k) Performing the duties and authorities delegated and assigned by classification and authorization, and other duties and authorities as prescribed by law;

2. The People's Committee of a centrally-administered city shall perform the duties and authorities stipulated in Clause 1 of this Article and the following duties and authorities:

a) Drafting and submitting to the same-level People's Council for consideration and issuance of resolutions to implement the duties and authorities stipulated in points a, b, and c of Clause 2, Article 15 of this Law;

b) Deciding on urban planning, programs, and development plans according to the provisions of the law;

c) Uniformly managing the urban land fund and infrastructure according to the provisions of the law;

d) Deciding to transfer certain functions, duties, and authorities as prescribed by law belonging to the functions, duties, and authorities of specialized agencies under the People's Committee of the centrally-administered city to other specialized agencies, administrative organizations under the People's Committee of the centrally-administered city, People's Committees of districts, counties, towns, and centrally-administered cities.

Article 17. Duties and Authorities of the Chairman of the People's Committee at the provincial level

1. The Chairman of the Provincial People's Committee shall perform the following duties and authorities:

a) Leading and directing the work of the People's Committee; convening and chairing sessions of the People's Committee;

b) Directing and guiding the implementation of tasks to enforce the Constitution, laws, and documents of higher state agencies and of the People's Council and People's Committee at their own level; inspecting and handling violations during the implementation of the Constitution and laws in the locality;

c) Leading and being responsible for the operation of the administrative machinery of the state at the local level, ensuring unity and smoothness in the administrative system; concerning the development of science, technology, innovation, and digital transformation; implementing administrative reform and civil service reform within the local administrative system;

d) Directing, urging, inspecting the work of specialized agencies and other administrative organizations under the People's Committee at their own level, the People's Committee, and the Chairman of the People's Committee at lower levels;

đ) Directing and organizing the implementation of tasks for economic and social development, developing industries and sectors in the locality; organizing the management of state affairs in the locality in financial, investment, land, natural resources, environmental, trade, service, industrial, agricultural, construction, transportation, education, health, administrative justice, judicial support, internal affairs, labor, culture, information, tourism, sports, social welfare, ethnic, religious, defense, security, public order, and safety; protecting the property of agencies and organizations, safeguarding the lives, freedoms, dignity, personal rights, property, and other legitimate rights and interests of citizens, ensuring human rights; preventing and combating corruption, wastefulness, and other illegal acts in accordance with the law;

e) Deciding on the application of urgent measures prescribed by law in cases where it is truly necessary for national interests, disaster prevention and control, epidemic prevention, and ensuring the lives and property of people in the area, then reporting to the competent authority of the Party and the Prime Minister as soon as possible;

g) Directing and being responsible for managing, effectively organizing the use of material infrastructure, finance, and state budget funds allocated in the area in accordance with the law;

h) Directing and being responsible for personnel recruitment, utilization of civil servants and public officials in the area in accordance with the law and the delegation of higher state agencies; deciding on the appointment, dismissal, transfer, and removal from office of heads and deputy heads of specialized agencies and other administrative organizations, and public service units under the People's Committee at their own level;

i) Promptly directing and handling emergency situations related to natural disasters, storms, floods, and epidemics in the locality;

k) Directing the implementation of inspection, supervision, citizen reception, complaint resolution, and anti-bureaucracy, anti-corruption, and anti-wastefulness activities in the operation of the administrative machinery of the state and in economic and social activities in the locality;

l) Approving the results of elections, dismissals, and removals of Chairmen and Deputy Chairmen of the People's Committee at the district level; delegating the powers of the Chairman of the People's Committee at the district level; deciding on temporary suspension of duties for Deputy Chairmen of the People's Committee at their own level, Chairmen of the People's Committee at the district level, heads of specialized agencies under the People's Committee at their own level, and heads of public service units directly under the People's Committee at their own level;

m) Issuing, abolishing, amending, and supplementing documents issued by themselves when they consider them no longer appropriate or contrary to the law;

n) Suspending the enforcement, partially or wholly abolishing documents that are contrary to the law issued by specialized agencies under the People's Committee at their own level and documents issued by the People's Committee and the Chairman of the People's Committee at the district level;

o) Suspending the enforcement of documents that are contrary to the law issued by the People's Council at the district level, reporting to the People's Committee to request the same-level People's Council to abolish them;

p) Performing tasks and authorities delegated and other tasks and authorities as prescribed by law;

2. The Chairman of the People's Committee of a centrally-administered city shall perform the duties and authorities stipulated in Clause 1 of this Article and the following duties and authorities:

a) Directing and organizing the implementation of urban planning, programs, and plans for urban development and infrastructure development in accordance with the law;

b) Directing and organizing the implementation of the use of urban land funds for the construction of urban infrastructure projects in accordance with the law;

c) Directing inspections of compliance with the law in the construction of residential buildings and construction projects in urban areas;

d) Implementing urban population management tasks; preventing and combating social evils in urban areas;

đ) Implementing tasks of managing and protecting urban space, architecture, and landscape; organizing and directing the implementation of tasks to ensure public order, traffic safety, and prevent traffic congestion.

Mục 2. TASKS AND POWERS OF LOCAL ADMINISTRATIVE AUTHORITIES AT THE PROVINCE LEVEL

Article 18. Tasks and powers of the People's Council at the provincial level

1. The People's Council of the province shall perform the following tasks and powers:

a) Deciding measures to ensure the implementation of the Constitution and laws on its territory;

b) Deciding policies, plans for socio-economic development and sectoral development plans on its territory in accordance with the provisions of the law;

c) Deciding the state budget revenue forecast on its territory; the local budget revenue and expenditure forecast and allocation of its own budget forecast; adjusting the local budget forecast when necessary; approving the final accounts of the local budget;

d) Deciding measures to develop economic sectors, land, natural resources, environment, education, health, culture, information, tourism, physical education and sports; measures to implement social policies; measures to ensure the fulfillment of national defense, security, public order, and social safety; measures to protect the property of agencies and organizations, safeguarding the lives, freedoms, honors, personalities, properties, lawful rights and interests of citizens, ensuring human rights, preventing and combating corruption, waste, crime, and other violations of the law on its territory in accordance with the provisions of the law;

e) Issuing the Rules of Procedure for the People's Council, the Standing Committee of the People's Council, the Committees of the People's Council, the Delegation of the People's Council, and the People's Council representatives at their own level;

f) Deciding the establishment, reorganization, renaming, dissolution of specialized agencies under the same-level People's Committee in accordance with the provisions of the law;

g) Deciding the staffing of officials and civil servants in local administrative agencies at their own level, the number of people working with state budget salaries in public service units within their management scope according to the staffing quota assigned by the competent authority; deciding specifically the number of village-level officials and non-professional workers at the commune level, village level, and residential ward level in accordance with the law and the competent authority;

h) Examining and giving opinions on the establishment, dissolution, merger, division, adjustment of boundaries, and renaming of administrative units at their own level and directly subordinate communes;

i) Deciding the establishment, reorganization, dissolution, naming, and renaming of villages and residential wards in accordance with the law;

j) Electing, removing from office, and dismissing the Chairman, Vice Chairmen of the People's Council, the Heads of the People's Council Committees at their own level; the Chairman, Vice Chairmen, Members of the same-level People's Committee; electing, removing from office, and dismissing judges in accordance with the law;

k) Conducting trust votes for persons elected to positions by the People's Council in accordance with the law;

l) Supervising the implementation of the Constitution and laws in the locality and the implementation of resolutions of the People's Council at their own level; supervising the activities of the People's Committee, People's Court, People's Procuracy, and other agencies in the locality in accordance with the law;

m) Dismissing People's Council representatives and approving the resignation of People's Council representatives at their own level in accordance with the law;

n) Issuing resolutions on matters within the tasks and powers of the People's Council at their own level; abolishing, amending, and supplementing documents issued by themselves when they consider them no longer appropriate or contrary to the law;

o) Abolishing part or all of documents that violate the law issued by the People's Committee, the Chairman of the People's Committee at the same level, and the People's Councils of directly subordinate communes;

p) Dissolving the People's Council of directly subordinate communes in cases where such councils cause serious damage to the interests of the people and submitting to the People's Council of the province for approval;

q) Performing tasks and powers delegated to them and other tasks and powers as prescribed by law;

2. The People's Councils of towns, cities under provinces, and cities under central municipalities shall perform the tasks and powers stipulated in Clause 1 of this Article and also perform the following tasks and powers:

a) Deciding urban development mechanisms, policies, and measures, and urban infrastructure development on their territory in accordance with the law;

b) Deciding measures to manage the population and organize community life, ensuring public order, and urban landscape on their territory in accordance with the law;

3. The People's Council of districts shall perform the tasks and powers stipulated in Clause 1 of this Article and Point b of Clause 2 of this Article.

Article 19. Duties and Authorities of the People's Committee at the District Level

1. The People's Committee of the district shall perform the following duties and authorities:

a) Drafting and submitting to the same-level People's Council for consideration and issuance of resolutions to implement the duties and authorities stipulated in points a, b, c, d, e, g, h, and i of Clause 1, Article 18 of this Law;

b) Organizing the implementation of the Constitution and laws in the locality; organizing the implementation of resolutions of the same-level People's Council; ensuring conditions regarding material infrastructure, human resources, and other resources to implement the Constitution and laws within its jurisdiction;

c) Implementing administrative state management within its jurisdiction to ensure unity, smoothness, continuity, effectiveness, democracy, rule of law, professionalism, modern governance, integrity, transparency, openness, and service to the people;

d) Specifying the organizational structure and specific duties and authorities of specialized agencies under the People's Committee of its own level; deciding on the establishment, reorganization, name change, dissolution, and specifying the organizational structure and specific duties and authorities of public service units under the People's Committee of its own level;

đ) Deciding on the number of Deputy Chairpersons of the People's Committee of each commune administrative unit to ensure that the total number of Deputy Chairpersons of the People's Committee of communes within its jurisdiction does not exceed the total number specified in the framework set by the Government;

e) Managing the civil servant quota in administrative agencies of the local government at its own level, the number of personnel working with salary from the State budget in public service units under its management, the number of commune-level cadres and civil servants and non-professional staff at the commune, village, and neighborhood levels within its jurisdiction according to the provisions of the law and the delegation of higher-level state agencies;

g) Issuing, abolishing, amending, and supplementing documents issued by itself when it deems them no longer appropriate or contrary to the law;

h) Issuing the Operational Regulations of the People's Committee at its own level;

i) Performing the duties and authorities delegated and other duties and authorities as prescribed by law.

2. The People's Committees of towns, provincial cities, and centrally-administered city districts shall perform the duties and authorities stipulated in Clause 1 of this Article and also perform the following duties and authorities:

a) Drafting and submitting to the same-level People's Council for consideration and issuance of resolutions to implement the duties and authorities stipulated in points a and b of Clause 2, Article 18 of this Law;

b) Deciding on urban planning, programs, and plans for urban development and urban infrastructure within its jurisdiction according to the provisions of the law;

c) Managing the urban land fund and urban infrastructure within its jurisdiction according to the provisions of the law.

3. The People's Committee of a district shall perform the duties and authorities stipulated in Clause 1 of this Article and draft and submit to the People's Council of the district for consideration and issuance of resolutions to implement the duties and authorities stipulated in point b of Clause 2, Article 18 of this Law.

Article 20. Duties and Authorities of the Chairman of the People's Committee at the District Level

1. The Chairman of the People's Committee of the district shall perform the following duties and authorities:

a) Leading and directing the work of the People's Committee; convening and chairing sessions of the People's Committee;

b) Leading and directing the implementation of tasks to enforce the Constitution, laws, documents of higher-level state agencies, and the People's Council and People's Committee at its own level; inspecting and handling violations during the process of implementing the Constitution and laws within its jurisdiction;

c) Leading and being responsible for the operation of the administrative state machinery, ensuring unity and smoothness in the administrative system; for the development of science and technology, innovation, and digital transformation; for the implementation of administrative reform and civil service reform in the administrative state system within its jurisdiction;

d) Leading, directing, urging, and inspecting the work of specialized agencies and other administrative organizations under the People's Committee at its own level, People's Committees, and Chairmen of People's Committees at the commune level;

đ) Directing and organizing the implementation of tasks for economic and social development, development of industries and sectors within its jurisdiction; organizing the implementation of state management in various fields such as economy, land, natural resources, environment, education, health, culture, information, tourism, sports; implementing social policies, defense, security, public order, and safety; protecting assets of agencies and organizations, safeguarding lives, freedoms, dignity, personal rights, property, and other legitimate rights and interests of citizens, ensuring human rights; preventing and combating corruption, wastefulness, crime, and other illegal acts within its jurisdiction according to the provisions of the law;

e) Directing and being responsible for managing and effectively utilizing material infrastructure, finance, and state budget funds allocated within its jurisdiction according to the provisions of the law;

g) Directing and being responsible for recruitment, utilization of civil servants and public officials within its jurisdiction according to the provisions of the law and the delegation of higher-level state agencies; deciding on the appointment, dismissal, transfer, and removal of heads and deputy heads of specialized agencies, other administrative organizations, and public service units under the People's Committee at its own level;

h) Directing and promptly handling emergency situations related to natural disasters, storms, floods, and epidemics within its jurisdiction;

i) Directing and being responsible for implementing inspection work, receiving citizens, resolving complaints and petitions, preventing and combating bureaucracy, corruption, wastefulness, and illegal acts in the activities of the administrative state machinery and in economic and social activities within its jurisdiction;

k) Approving the results of elections, dismissals, and removals of Chairpersons and Deputy Chairpersons of People's Committees at the commune level; transferring the authority of Chairpersons of People's Committees at the commune level; deciding on temporary suspension of duties for Deputy Chairpersons of the People's Committee at its own level, Chairpersons of People's Committees at the commune level, and leaders and managers under its management and direction in specialized agencies under the People's Committee at its own level, and heads of directly-subordinate public service units;

l) Issuing, abolishing, amending, and supplementing documents issued by itself when it deems them no longer appropriate or contrary to the law;

m) Suspend the implementation, revoke partially or entirely the unlawful consolidated documents of the specialized agencies under their People's Committee and the unlawful consolidated documents of the People's Committee, Chairperson of the People's Committee at the commune level;

n) Suspend the implementation of unlawful consolidated documents of the People's Council at the commune level, report to the People's Committee for the People's Council at the same level to revoke;

Perform tasks and powers delegated by classification and authorization and other tasks and powers as prescribed by law.

2. The Chairperson of the People's Committee of a town, provincial city, or centrally-administered city shall perform the tasks and powers stipulated in Clause 1 of this Article and the following tasks and powers:

a) Directing and organizing the implementation of urban planning, programs, and plans for urban development and infrastructure development in accordance with the law;

b) Directing and organizing the implementation of the use of urban land funds for the construction of urban infrastructure projects in accordance with the law;

c) Directing inspections of compliance with the law in the construction of residential buildings and construction projects in urban areas;

d) Implementing urban population management tasks; preventing and combating social evils in urban areas;

đ) Implementing tasks of managing and protecting urban space, architecture, and landscape; organizing and directing the implementation of tasks to ensure public order, traffic safety, and prevent traffic congestion.

3. The Chairperson of the People's Committee of a district shall perform the tasks and powers stipulated in Clause 1 and Points a, c, d, and đ of Clause 2 of this Article.

Section 3. TASKS AND POWERS OF THE LOCAL ADMINISTRATION AT THE COMMUNE LEVEL

Article 21. Tasks and Powers of the People's Council at the Commune Level

1. The People's Council of a commune shall perform the following tasks and powers:

a) Deciding measures to ensure the implementation of the Constitution and laws on its territory;

b) Decide on the budget revenue forecast for state budget on its territory; the budget revenue and expenditure forecast of the local budget and allocation of the budget forecast of its own level; adjust the local budget forecast when necessary; approve the final accounts of the local budget;

c) Decide on measures to develop the economy and society, ensure the fulfillment of national defense and security tasks, public order and social safety; measures to protect the property of agencies and organizations, safeguard the lives, freedoms, honors, personalities, properties, and other legitimate rights and interests of citizens, ensure human rights, prevent and combat corruption, waste, crime, and other illegal acts according to the law;

d) Decide on policies and measures to build infrastructure and public works on its territory according to the law;

e) Issuing the Rules of Procedure for the People's Council, the Standing Committee of the People's Council, the Committees of the People's Council, the Delegation of the People's Council, and the People's Council representatives at their own level;

e) Elect, appoint, and remove the Chairperson, Vice-Chairpersons of the People's Council, Heads of Committees of the People's Council at the same level, Chairperson, Vice-Chairpersons, and Members of the People's Committee at the same level; vote confidence in persons elected to positions by the People's Council according to the law;

g) Remove representatives of the People's Council and approve the resignation of representatives of the People's Council at the same level from their representative duties according to the law;

h) Examine and give opinions on the establishment, dissolution, merger, division, boundary adjustment, and renaming of administrative units at the same level;

i) Supervise the implementation of the Constitution and laws in the locality and the implementation of resolutions of the People's Council at the same level; supervise the activities of the People's Committee at the same level;

k) Issue resolutions on matters within the tasks and powers of the People's Council at the same level; revoke, amend, and supplement its own issued documents when deemed inappropriate or unlawful;

l) Suspend the implementation, revoke partially or entirely the unlawful consolidated documents of the People's Committee, Chairperson of the People's Committee at the same level;

m) Perform tasks and powers delegated by classification and other tasks and powers as prescribed by law.

2. The People's Council of a town shall perform the tasks and powers stipulated in Clause 1 of this Article and perform the following tasks and powers:

a) Decide on measures to implement planning and development of the town according to the law;

b) Decide on measures to build civilized urban lifestyles and manage urban residents according to the law.

3. The People's Council of a ward shall perform the tasks and powers stipulated in Points a, b, c, đ, e, g, h, i, k, l, m of Clause 1 and Point b of Clause 2 of this Article.

Article 22. Tasks and Authorities of the People's Committee at the Commune Level

1. The commune-level People's Committee shall perform the following tasks and authorities:

a) Drafting and submitting to the same-level People's Council for consideration and issuance of resolutions to implement the tasks and authorities specified in points a, b, c, d, and h of Clause 1, Article 21 of this Law;

b) Organizing the implementation of the Constitution and laws in the locality; organizing the implementation of resolutions of the same-level People's Council; ensuring conditions regarding material infrastructure, human resources, and other resources to implement the Constitution and laws within its jurisdiction;

c) Implementing administrative state management within its jurisdiction to ensure unity, smoothness, continuity, effectiveness, democracy, rule of law, professionalism, modern governance, integrity, transparency, openness, and service to the people;

d) Issuing the Working Regulations of its own People's Committee;

đ) Issuing, abolishing, amending, and supplementing documents it has issued when it deems them no longer appropriate or contrary to the law;

e) Performing the tasks and authorities delegated by classification and authorization, and other tasks and authorities as prescribed by law.

2. The town-level People's Committee shall perform the tasks and authorities stipulated in Clause 1 of this Article and draft and submit to the same-level People's Council for consideration and issuance of resolutions to implement the tasks and authorities specified in points a and b of Clause 2, Article 21 of this Law.

3. The ward-level People's Committee shall perform the tasks and authorities stipulated in points b, c, d, đ, and e of Clause 1 of this Article and draft and submit to the same-level People's Council for consideration and issuance of resolutions to implement the tasks and authorities specified in points a, b, c, h of Clause 1 and point b of Clause 2, Article 21 of this Law.

Article 23. Tasks and Authorities of the Chairman of the People's Committee at the Commune Level

1. The Chairman of the commune-level People's Committee shall perform the following tasks and authorities:

a) Leading and directing the work of the People's Committee; convening and chairing sessions of the People's Committee;

b) Leading and directing the implementation of tasks to enforce the Constitution, laws, documents of higher-level state agencies, and the People's Council and People's Committee at its own level; inspecting and handling violations during the process of implementing the Constitution and laws within its jurisdiction;

c) Leading and being responsible for the operation of the state administrative apparatus, ensuring unity and smoothness in the administrative system; implementing administrative reform on the territory; deciding to temporarily suspend work for Deputy Chairmen of the People's Committee at their level and management staff under their supervision and direction;

d) Implementing tasks related to economic and social development, protecting assets of agencies and organizations, protecting human rights and citizens' rights; protecting lives, freedom, dignity, reputation, property, and other legitimate rights and interests of citizens; ensuring human rights, resolving issues directly related to people's livelihoods; ensuring security, public order, social safety, preventing corruption, waste, crime, and other violations of the law on the territory according to the law and delegation from higher-level state agencies;

đ) Directing, managing, and effectively organizing the use of material resources, finance, and state budget funds allocated on the territory according to the law;

e) Implementing citizen reception work, handling complaints and petitions, preventing bureaucracy, corruption, waste in the activities of the local government at their level and in economic and social activities on the territory;

g) Directing and promptly addressing emergency situations related to natural disasters, storms, floods, and epidemics on the territory;

h) Guiding and inspecting self-management activities in villages;

i) Issuing, abolishing, amending, and supplementing documents it has issued when it deems them no longer appropriate or contrary to the law;

k) Performing the duties and authorities delegated and assigned by classification and authorization, and other duties and authorities as prescribed by law;

2. The Chairman of the town-level People's Committee shall perform the tasks and authorities stipulated in points a, b, c, d, đ, e, g, i, and k of Clause 1 of this Article and the following tasks and authorities:

a) Directing and organizing the implementation of urban planning and development plans according to the law;

b) Implementing tasks related to urban population management; preventing and combating social evils in cities; building civilized urban lifestyles according to the law;

c) Implementing tasks related to urban space, architecture, and landscape management; organizing and directing the implementation of public order maintenance and traffic safety on the town territory according to the law;

d) Guiding and inspecting self-management activities in residential wards.

3. The Chairman of the ward-level People's Committee shall perform the tasks and authorities stipulated in points a, b, c, d, đ, e, g, i, and k of Clause 1 of this Article, and points b, c, and d of Clause 2 of this Article.

Article 24. Dialogue between the commune-level administrative authority and the people

1. Annually, the commune-level administrative authority shall be responsible for organizing at least one dialogue meeting with the people through direct, online, or lawful social media forms to exchange information on the activities of the administrative authority and issues related to the rights and obligations of citizens in the locality. In cases where direct meetings are organized and the administrative unit's scale is too large, exchanges and dialogues may be conducted with the people in clusters of villages or residential wards.

2. The People's Committee at the commune level shall be responsible for coordinating with the Vietnam Fatherland Front Committee at the same level to organize the dialogue meeting as stipulated in Clause 1 of this Article, jointly chaired by representatives of the Standing Body of the People's Council; inviting representatives from the Party Committee, the Vietnam Fatherland Front Committee, and other political-social organizations at the same level to participate in the dialogue meeting, and must announce on mass media about the time, location, content, and method of participation in the dialogue meeting with the people at least seven days before the meeting date.

3. The contents and results of the dialogue meeting with the people must be announced to the people through mass media, posted at the office of the commune-level administrative authority, and sent to the Village Chiefs and Ward Chiefs within ten days from the date of the meeting.

Section 4. TASKS AND POWERS OF THE LOCAL ADMINISTRATION IN ISLANDS AND SPECIAL ECONOMIC ZONES

Article 25. Tasks and powers of the local administration in islands

1. The local administration at the district level in islands shall perform tasks and powers corresponding to those of the local administration at the district, urban district, town, and provincial city levels as stipulated in Section 2 of this Chapter.

2. The local administration at the commune level in islands shall perform tasks and powers corresponding to those of the local administration at the commune, ward, and town levels as stipulated in Section 3 of this Chapter.

3. In cases where there is no commune-level administrative unit established in the district-level administrative unit in islands, the People's Council and People's Committee at the district level shall perform all tasks and powers corresponding to those of the People's Council and People's Committee at the commune level as prescribed by this Law and other relevant laws.

4. The specific provisions on tasks and powers for the local administration in administrative units in islands in other regulatory legal documents must ensure the strengthening of autonomy and responsibility of state agencies at the local level, ensuring flexibility and proactive response when unexpected events occur, thereby firmly protecting national independence, sovereignty, territorial integrity in maritime and island areas, leveraging economic potential and marine advantages, promoting international economic integration, and ensuring attraction of residents to live and develop islands.

Article 26. Tasks and powers of the local administration in special administrative-economic zones

The tasks and powers of the local administration in special administrative-economic zones shall be defined by the National Assembly when establishing such zones, ensuring the application of special and superior mechanisms and policies to create a driving force for the development of special administrative-economic zones.

Chapter V

ORGANIZATION AND OPERATIONS OF THE LOCAL ADMINISTRATION

Section 1. ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COUNCIL

Article 27. Organizational Structure of the People's Council

1. The People's Council consists of the Standing Committee of the People's Council, the Committees of the People's Council, the Delegation Groups of the People's Council, and the Members of the People's Council.

2. The Standing Committee of the People's Council is the permanent body of the People's Council, performing tasks and powers as prescribed by this Law, tasks assigned by the People's Council, and other relevant laws; it is responsible and reports its work to the People's Council. The structure of the Standing Committee of the People's Council and the number of Deputy Chairpersons at each level are stipulated as follows:

a) The Standing Committee of the People's Council includes the Chairman of the People's Council, the Deputy Chairpersons of the People's Council, and members who are the Heads of Committees of the People's Council. Members of the Standing Committee of the People's Council cannot simultaneously be members of the People's Committee at the same level.

b) The Chairman of the People's Council at the provincial and district levels may be a full-time Member of the People's Council. The Deputy Chairpersons of the People's Council at all levels are full-time Members of the People's Council.

In the case where the Chairman of the People's Council at the provincial level is a full-time Member of the People's Council, the Provincial People's Council shall have 01 Deputy Chairman; in the case where the Chairman of the People's Council at the provincial level is a non-full-time Member of the People's Council, the Provincial People's Council shall have 02 Deputy Chairmen.

The People's Councils at the district and commune levels shall have 01 Deputy Chairman.

3. The Committees of the People's Council are bodies of the People's Council, tasked with reviewing draft resolutions, reports, and proposals before presenting them to the People's Council, supervising, and making recommendations on issues within their respective fields; they are responsible and report their work to the People's Council. The number of Committees and the structure of the Committees of the People's Council at each level are stipulated as follows:

a) The Provincial People's Council establishes the Legal Affairs Committee, the Economic and Budget Committee, and the Culture and Social Affairs Committee.

The People's Council of a centrally-administered city establishes the Legal Affairs Committee, the Economic and Budget Committee, the Culture and Social Affairs Committee, and the Urban Affairs Committee.

The People's Councils at the district and commune levels establish the Legal Affairs Committee and the Economic and Social Affairs Committee.

The People's Councils in provinces, districts, towns, and cities under provinces with many ethnic minority populations may establish the Ethnic Affairs Committee.

b) The Committees of the People's Council consist of the Head, the Deputy Head, and members.

c) The Head of the Committees of the People's Council at the provincial and district levels may be a full-time Member of the People's Council. The Head of the Committees of the People's Council at the commune level is a non-full-time Member of the People's Council.

The Head of the Committees of the People's Council at the provincial and district levels cannot concurrently be the head of a specialized agency under the People's Committee at the same level.

d) The Deputy Head of the Committees of the People's Council at the provincial and district levels is a full-time Member of the People's Council. The Deputy Head of the Committees of the People's Council at the commune level is a non-full-time Member of the People's Council.

In the case where the Head of the Committees of the People's Council at the provincial level is a full-time Member of the People's Council, the Committees of the People's Council at the provincial level shall have 01 Deputy Head; in the case where the Head of the Committees of the People's Council at the provincial level is a non-full-time Member of the People's Council, the Committees of the People's Council at the provincial level shall have 02 Deputy Heads.

The Committees of the People's Council at the district and commune levels shall have 01 Deputy Head.

e) The members of the Committees of the People's Council at all levels are non-full-time Members of the People's Council, except in cases where the National Assembly has provided otherwise.

4. Members of the People's Council elected from one or more electoral units form Delegation Groups of the People's Council. The number of Delegation Groups of the People's Council is decided by the Standing Committee of the People's Council.

5. The term of office of Members of the People's Council corresponds to the term of office of the People's Council. Supplementary Members of the People's Council begin their duties as Members from the opening day of the subsequent session following the supplementary election until the opening day of the first session of the new term of the People's Council.

The term of office of the Standing Committee of the People's Council and the Committees of the People's Council corresponds to the term of office of the People's Council at the same level. When the People's Council completes its term, the Standing Committee of the People's Council and the Committees of the People's Council continue their duties until the new term of the People's Council elects a new Standing Committee of the People's Council and new Committees of the People's Council.

6. The criteria and conditions for establishing the Ethnic Affairs Committee as stipulated in point a, Clause 3 of this Article shall be implemented according to the regulations of the Standing Committee of the National Assembly.

Article 28. Number of Members of People's Councils

1. The determination of the number of members of provincial-level People's Councils shall be carried out according to the following principles:

a) A mountainous or highland province with up to 500,000 inhabitants shall elect 50 members; for every additional 50,000 inhabitants over 500,000, one additional member shall be elected, but the total number shall not exceed 75 members;

b) A province not falling under the provisions of point a of this clause with up to 1,000,000 inhabitants shall elect 50 members; for every additional 70,000 inhabitants over 1,000,000, one additional member shall be elected, but the total number shall not exceed 85 members;

c) A centrally-administered city with up to 1,000,000 inhabitants shall elect 50 members; for every additional 60,000 inhabitants over 1,000,000, one additional member shall be elected, but the total number shall not exceed 85 members;

d) Ho Chi Minh City shall elect 95 members. The number of members of the People's Council of Hanoi City shall be determined in accordance with the provisions of the Law on the Capital.

2. The determination of the number of members of district-level People's Councils shall be carried out according to the following principles:

a) A mountainous, highland, or island district with up to 40,000 inhabitants shall elect 30 members; for every additional 7,000 inhabitants over 40,000, one additional member shall be elected, but the total number shall not exceed 35 members;

b) A district not falling under the provisions of point a of this clause with up to 80,000 inhabitants shall elect 30 members; for every additional 15,000 inhabitants over 80,000, one additional member shall be elected, but the total number shall not exceed 35 members;

c) A district with up to 100,000 inhabitants shall elect 30 members; for every additional 15,000 inhabitants over 100,000, one additional member shall be elected, but the total number shall not exceed 35 members;

d) A town with up to 80,000 inhabitants shall elect 30 members; for every additional 15,000 inhabitants over 80,000, one additional member shall be elected, but the total number shall not exceed 35 members;

đ) A city within a province or a centrally-administered city with up to 100,000 inhabitants shall elect 30 members; for every additional 15,000 inhabitants over 100,000, one additional member shall be elected, but the total number shall not exceed 35 members;

e) The number of members of the People's Council at a district-level administrative unit with 30 or more directly subordinate village-level administrative units shall be decided by the Standing Committee of the National Assembly upon the proposal of the Standing Body of the provincial-level People's Council, but the total number shall not exceed 40 members.

3. The determination of the number of members of commune-level People's Councils shall be carried out according to the following principles:

a) A commune or town in a mountainous, highland, or island area with up to 2,000 inhabitants shall elect 15 members; for between 2,000 and 3,000 inhabitants, 19 members shall be elected; for between 3,000 and 4,000 inhabitants, 21 members shall be elected; for every additional 1,000 inhabitants over 4,000, one additional member shall be elected, but the total number shall not exceed 30 members;

b) A commune or town not falling under the provisions of point a of this clause with up to 5,000 inhabitants shall elect 25 members; for every additional 2,500 inhabitants over 5,000, one additional member shall be elected, but the total number shall not exceed 30 members;

c) A ward with up to 10,000 inhabitants shall elect 21 members; for every additional 5,000 inhabitants over 10,000, one additional member shall be elected, but the total number shall not exceed 30 members.

Article 29. Duties and Powers of the Standing Body of the People's Council

1. Discussing and deciding on matters within its jurisdiction as prescribed by law and tasks assigned by the same-level People's Council.

2. Convening sessions of the People's Council; coordinating with the People's Committee in preparing sessions of the People's Council.

3. Urging, inspecting the People's Committee and other local agencies to implement resolutions of the People's Council.

4. Supervising the implementation of the Constitution and laws in the locality.

5. Directing, coordinating, and harmonizing the activities of the Committees of the People's Council; examining the results of supervision by the Committees of the People's Council when deemed necessary and reporting to the People's Council at the nearest session; maintaining contact with members of the People's Council; compiling questions from members of the People's Council to report to the People's Council; requesting agencies, organizations, and individuals to explain issues related to the duties and powers of the Standing Body of the People's Council at the Standing Body meeting.

6. Organizing for members of the People's Council to meet citizens in accordance with the law; urging, inspecting, and examining the situation of handling citizen complaints and petitions; compiling opinions and aspirations of the people to report at the People's Council session.

7. Deciding the number of members of the Committees of the People's Council at their own level. Approving lists and the resignation of Deputy Chairpersons and Members of the Committees of the People's Council among the members of the People's Council upon the proposal of the Chairperson of the Committees of the People's Council.

8. Approving the results of elections, appointments, and dismissals of Chairpersons and Vice-Chairpersons of lower-level directly subordinate People's Councils.

9. Establishing Delegations, determining the number of members of the People's Council in each Delegation, assigning Delegation Leaders and Deputy Leaders of the People's Council Delegations.

10. Submitting to the People's Council for trust votes on persons holding positions elected by the People's Council in accordance with the law.

11. Deciding to submit to the People's Council or to voters for recall of members of the People's Council.

12. Reporting on the activities of the same-level People's Council to the higher-level People's Council and People's Committee; the Standing Body of the provincial-level People's Council reports on the activities of its own People's Council to the Standing Committee of the National Assembly and the Government.

13. Maintaining contact and coordinating work with the Standing Body of the Vietnam Fatherland Front Committee at the same level; annually informing the Vietnam Fatherland Front Committee at the same level twice about the activities of the People's Council.

14. During the period when the People's Council is not in session, the Standing Body of the People's Council may decide on the following matters and report to the People's Council at the nearest session:

a) Measures to address urgent and emergency matters in disaster prevention, control, and aftermath management, disease prevention and control, ensuring national defense, security, public order, and social safety in the locality;

b) Adjustments to the budget estimates, increased revenue allocation, and annual budget expenditure savings.

Article 30. Duties and powers of the Chairman of the People's Council, Vice Chairmen of the People's Council, and Standing Members of the People's Council

1. The Chairman of the People's Council shall have the following duties and powers:

a) Preside over sessions of the People's Council, ensure compliance with regulations on the activities of People's Council deputies and regulations on People's Council sessions; sign to certify resolutions of the People's Council;

b) Lead the work of the Standing Committee of the People's Council; direct the preparation of draft agendas, convening, and presiding over sessions of the Standing Committee of the People's Council;

c) Represent the Standing Committee of the People's Council to maintain contact with the People's Committee, state agencies, the Standing Committee of the Vietnam Fatherland Front, affiliated organizations at the same level, other social organizations, and the people;

d) The Chairman of the People's Council decides to temporarily suspend the work of the Vice Chairmen of the People's Council, Heads, and Deputy Heads of the People's Council at the same level, and the Chairmen of directly subordinate People's Councils in cases prescribed by the competent authority.

2. The Vice Chairmen of the People's Council assist the Chairman of the People's Council in performing their duties and powers according to the division of labor by the Chairman of the People's Council and are individually responsible to the Chairman of the People's Council; collectively responsible for the performance of the duties and powers of the Standing Committee of the People's Council; participate in sessions of the Standing Committee of the People's Council, discuss and decide issues within the duties and powers of the Standing Committee of the People's Council.

3. The Standing Members of the People's Council are collectively responsible for the performance of the duties and powers of the Standing Committee of the People's Council; individually responsible to the Standing Committee of the People's Council for the performance of the duties and powers assigned by the Standing Committee of the People's Council; participate in sessions of the Standing Committee of the People's Council, discuss and decide issues within the duties and powers of the Standing Committee of the People's Council.

4. During the term of office, if there is a vacancy in the position of Chairman of the Provincial People's Council, the Standing Committee of the People's Council at the same level assigns one Vice Chairman of the People's Council to manage the operations of the People's Council and the Standing Committee of the People's Council until the People's Council elects a new Chairman of the People's Council; if there is a vacancy in the position of Chairman of the District or Commune People's Council, the Vice Chairman of the District or Commune People's Council manages the operations of the People's Council and the Standing Committee of the People's Council until the People's Council elects a new Chairman of the People's Council.

In case both the Chairman and Vice Chairman of the District or Commune People's Council are vacant, the Standing Committee of the immediately superior People's Council designates a representative from among the deputies of the District or Commune People's Council to manage the operations of the People's Council and the Standing Committee of the People's Council until the People's Council elects a new Chairman of the People's Council. For cases where both the Chairman and Vice Chairman of the Provincial People's Council are vacant, the Standing Committee of the National Assembly designates a representative from among the deputies of the Provincial People's Council to manage the operations of the People's Council and the Standing Committee of the People's Council until the People's Council elects a new Chairman of the People's Council.

In case the Chairman of the District or Commune People's Council is disciplined and must be proposed for removal or dismissal, the Standing Committee of the immediately superior People's Council decides to assign the Vice Chairman of the District or Commune People's Council to perform the duties and powers of the Chairman of the People's Council until a new Chairman of the People's Council is elected; if it is the Chairman of the Provincial People's Council, the decision is made by the Standing Committee of the National Assembly. If both the Vice Chairman of the People's Council is also disciplined, then a representative from among the deputies of that People's Council will be designated to manage the operations of the People's Council and the Standing Committee of the People's Council.

The Vice Chairman of the People's Council, or the person designated to manage the operations of the People's Council and the Standing Committee of the People's Council, shall perform the duties and powers of the Chairman of the People's Council as stipulated in this Law and other relevant laws.

Article 31. Duties and Authorities of People's Council Deputies

1. People's Council deputies are equal in discussing and deciding issues within the duties and authorities of the People's Council.

2. People's Council deputies must attend all sessions and meetings of the People's Council fully, participate in discussions and voting on issues within the duties and authorities of the People's Council; if they cannot attend a session or meeting, they must provide reasons and report to the Chairman of the People's Council beforehand. If a People's Council deputy fails to attend consecutive sessions for one year without valid reasons, the Standing Body of the People's Council must report to the People's Council to remove that deputy.

3. People's Council deputies must maintain close contact with voters in their constituencies; collect and truthfully reflect the opinions, wishes, and petitions of voters; protect the rights and legitimate interests of voters; implement voter reception systems; be subject to voter supervision.

4. People's Council deputies shall perform citizen reception; receive and handle complaints, denunciations, and petitions from citizens according to the provisions of the law.

5. People's Council deputies have the right to question the Chairman of the People's Committee, other members of the People's Committee, the President of the People's Court, the Procurator of the People's Procuracy, and the heads of agencies under the same level People's Committee.

6. People's Council deputies have the right to propose the People's Council to vote on confidence in persons holding positions elected by the People's Council, organize specialized meetings, closed meetings, or meetings to address urgent matters, and propose other issues deemed necessary.

7. When discovering acts violating the law causing damage to the interests of the State, rights, and legitimate interests of organizations and individuals, People's Council deputies have the right to request relevant agencies and organizations to take necessary measures to promptly stop such violations.

8. When performing duties and exercising powers, People's Council deputies have the right to request agencies, organizations, and individuals to provide information and documents related to their duties and powers.

9. People's Council deputies may not be arrested, detained, or prosecuted without the consent of the People's Council or, during periods when the People's Council is not in session, without the consent of the Standing Body of the People's Council. In cases where a People's Council deputy is temporarily detained due to being caught committing a crime, the detaining agency must immediately report to the People's Council or the Standing Body of the People's Council for consideration and decision.

Article 32. Sessions of the People's Council

1. The People's Council shall convene at least two regular sessions each year.

The People's Council decides on the plan to organize regular sessions at the first session of the People's Council for the beginning of a term and at the last session of the previous year for subsequent years of the term, based on the proposal of the Standing Body of the People's Council.

2. The People's Council convenes specialized sessions or sessions to address urgent matters when requested by the Standing Body of the People's Council, the Chairman of the same-level People's Committee, or at least one-third of the total number of People's Council deputies.

3. Voters in communes, wards, towns have the right to submit a petition requesting the People's Council of the commune, ward, town to convene a session to discuss and decide on communal, ward, town affairs. When the petition has signatures of more than 10% of the total number of voters in the commune, ward, town according to the voter list for the most recent election of commune-level People's Council deputies, the Standing Body of the commune-level People's Council is responsible for organizing a specialized session or a session to address urgent matters to discuss the content proposed by voters. A voter petition is considered valid when accompanied by full signatures, names, dates of birth, and addresses of each signatory. Signatories in the petition can appoint one representative to attend the People's Council session to discuss the content proposed by voters.

4. The People's Council convenes public sessions. In necessary cases, upon the proposal of the Standing Body of the People's Council, the Chairman of the same-level People's Committee, or at the request of at least one-third of the total number of People's Council deputies, the People's Council decides to convene closed sessions.

Article 33. Voting by the People's Council

1. The People's Council decides on issues within its duties and powers through voting. Voting may be conducted directly, online, or by other appropriate methods according to the Rules of Procedure of the People's Council.

2. A resolution of the People's Council is adopted when more than half of the total number of People's Council deputies vote in favor; specifically, a resolution regarding the removal of a People's Council deputy is adopted when at least two-thirds of the total number of People's Council deputies vote in favor.

Article 34. Election of Positions in the People's Council and People's Committee at Local Administrative Levels

1. The People's Council elects the Chairperson, Vice-Chairpersons of the People's Council, and Heads of Committees of the People's Council from among the People's Council deputies based on the list of candidates for each position proposed by the Standing Committee of the People's Council.

At the first session, the People's Council elects the Chairperson, Vice-Chairpersons of the People's Council, and Heads of Committees of the People's Council from among the People's Council deputies based on the proposal of the Standing Committee of the previous term of the People's Council.

In case of absence of the Standing Committee of the People's Council, the Standing Committee of the National Assembly designates the chairperson of the session of the provincial-level People's Council; the Standing Committee of the higher-level People's Council designates the chairperson of the session of the lower-level People's Council; the People's Council elects the Chairperson, Vice-Chairpersons of the People's Council, and Heads of Committees of the People's Council from among the People's Council deputies based on the introduction of the chairperson of the session.

2. The People's Council elects the Chairman of the People's Committee based on the introduction of the Chairperson of the People's Council; elects the Vice-Chairmen and Members of the People's Committee based on the introduction of the Chairman of the People's Committee. The Chairman of the People's Committee does not necessarily have to be a deputy of the People's Council.

3. The results of the election of the Chairperson and Vice-Chairpersons of the provincial-level People's Council must be approved by the Standing Committee of the National Assembly; the results of the election of the Chairperson and Vice-Chairpersons of the district-level and commune-level People's Councils must be approved by the Standing Committee of the higher-level People's Council.

4. The results of the election of the Chairperson and Vice-Chairpersons of the provincial-level People's Committee must be approved by the Prime Minister; the results of the election of the Chairperson and Vice-Chairpersons of the district-level and commune-level People's Committees must be approved by the Chairman of the higher-level People's Committee.

5. When the People's Council conducts elections for positions as specified in this Article, if there are People's Council deputies who nominate themselves or introduce additional candidates outside the list proposed by the competent authority or person with the right to propose, then the Standing Committee of the People's Council shall submit these nominations to the People's Council for consideration and decision; specifically, at the first session of each term of the People's Council, the chairperson of the session shall submit these nominations to the People's Council for consideration and decision.

6. Those holding positions as specified in Clause 1 and Clause 2 of this Article shall immediately assume their duties and powers upon being elected by the People's Council.

7. Within five working days from the date of the election of the Chairperson of the People's Council, Vice-Chairpersons of the People's Council, Chairman of the People's Committee, Vice-Chairmen of the People's Committee, the Standing Committee of the People's Council must send the election results to the competent authority or person with the right to approve as stipulated in Clause 3 and Clause 4 of this Article. Within ten working days from the date of receipt of the election results, the competent authority or person with the right to approve must examine and approve; in case of disapproval, they must respond in writing, stating the reasons and requesting the People's Council to organize a re-election for the unapproved position.

Article 35. Resignation, Removal, and Dismissal of Persons Elected to Positions by the People's Council

1. A person elected by the People's Council who, due to health reasons or other reasons, cannot continue to perform their duties may request resignation. The person requesting resignation must submit a resignation letter to the agency or individual with authority that introduced the People's Council which elected the position. The agency or individual with authority that introduced the People's Council which elected the position shall present the People's Council to remove the person who has submitted a resignation request at the nearest session of the People's Council.

2. The People's Council removes the Chairman, Vice-Chairman, and Head of Committees of the People's Council upon the proposal of the Standing Committee of the People's Council.

3. The People's Council removes the Chairman of the People's Committee at the same level upon the proposal of the Chairman of the People's Council; removes the Vice-Chairmen and Members of the People's Committee at the same level upon the proposal of the Chairman of the People's Committee.

4. The results of the removal of the Chairman, Vice-Chairman of the People's Council, Chairman, and Vice-Chairman of the People's Committee must be approved by the agency or individual with authority as stipulated in Clause 3 and Clause 4 of Article 34 of this Law.

Article 36. Suspension, Termination of Duties, Dismissal, and Loss of Status as a Member of the People's Council

1. The Standing Committee of the People's Council decides to suspend the performance of duties and rights of a member of the People's Council in the following cases:

a) The member of the People's Council is indicted;

b) During the process of examining and handling violations by a member of the People's Council, there is a basis to determine that disciplinary action from a warning or higher should be taken against a member of the People's Council who is an officer, civil servant, or public official, or criminal law should be applied, and the supervisory, inspection, audit, investigation, prosecution, trial, and enforcement agencies have issued a document proposing the suspension of the performance of duties and rights of the member of the People's Council.

2. A member of the People's Council continues to perform their duties and rights as a representative and restores other legitimate rights and interests when the competent authority makes a decision or conclusion regarding the absence of violation, non-disciplinary action, termination of investigation, or termination of the case against the member, or from the date the court's judgment or decision becomes legally effective declaring the member not guilty or exempted from criminal responsibility.

If a member of the People's Council is subject to disciplinary action, they may request to terminate their duties as a representative, or the Standing Committee of the People's Council may consider and decide on continuing the performance of duties and rights of the representative, or propose the People's Council to dismiss the member of the People's Council.

3. The People's Council or the Standing Committee of the People's Council during the period when the People's Council is not in session examines and approves the termination of the duties of a member of the People's Council in the following cases:

a) The member of the People's Council no longer works at the agency, organization, or enterprise in the administrative unit where they represent and does not reside in the administrative unit where they represent;

b) Upon the request of the member of the People's Council for health reasons or other reasons.

4. The decision of the Standing Committee of the People's Council to suspend the performance of duties and rights of a member of the People's Council and approve the termination of the duties of a member of the People's Council as stipulated in Clause 1 and Clause 3 of this Article must be reported to the People's Council at the nearest session.

5. A member of the People's Council who fails to meet the standards of a member of the People's Council and is no longer worthy of the trust of the people will be dismissed by the People's Council or voters.

The Standing Committee of the People's Council decides to bring the dismissal of a member of the People's Council before the People's Council or, upon the proposal of the Vietnam Fatherland Front Committee at the same level, bring it before the voters for dismissal of a member of the People's Council.

In the event that the People's Council dismisses a member of the People's Council, the dismissal must be approved by at least two-thirds of the total number of members of the People's Council.

The procedure for voters to dismiss a member of the People's Council is implemented according to the regulations of the Standing Committee of the National Assembly.

6. A member of the People's Council convicted by a court judgment or decision loses their status as a member of the People's Council from the date the court judgment or decision becomes legally effective.

7. A member of the People's Council who has terminated their duties as a representative, been removed, or lost their status as a representative shall automatically cease to hold positions in the Standing Committee of the People's Council and Committees of the People's Council.

Section 2. ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COMMITTEE

Article 37. Organizational Structure of the People's Committee

1. The People's Committee consists of the Chairman, Vice Chairmen, and members as prescribed by the Government.

2. Specialized agencies under the People's Committee at the provincial and district levels are advisory bodies assisting the People's Committee in state management within their respective sectors and fields locally, and performing tasks and exercising powers delegated by the People's Committee, the Chairman of the People's Committee, and higher-level state agencies.

3. Civil servants under the People's Committee at the commune level assist the People's Committee and the Chairman of the People's Committee at the commune level in state management on their territory, performing tasks and exercising powers assigned by the People's Committee and the Chairman of the People's Committee in accordance with the law.

4. The Government shall prescribe the framework for the number of Vice Chairmen, the number of members of the People's Committee at various levels, the framework for the number of specialized agencies under the People's Committee at the provincial and district levels; procedures and formalities for nominating candidates for election, removal from office, and dismissal of members of the People's Committee to ensure continuity and connection with the procedures for appointing, removing from office, and dismissing heads of specialized agencies of the People's Committee; procedures and formalities for transferring, dismissing the Chairman and Vice Chairmen of the People's Committee, and delegating the authority of the Chairman of the People's Committee at the local government level.

Article 38. Operations of the People's Committee

1. The People's Committee convenes regular meetings once a month. The People's Committee may convene special meetings or meetings to address urgent matters arising spontaneously in the following cases:

a) As decided by the Chairman of the People's Committee;

b) At the request of the Chairman of the People's Committee of the higher level directly, for meetings of the People's Committee at the provincial level, at the request of the Prime Minister;

c) At the request of at least one-third of the total number of members of the People's Committee.

2. The following contents must be discussed and decided upon by the People's Committee:

a) Draft resolutions of the People's Council and draft decisions of the People's Committee as stipulated by the Law on Legislative Documents;

b) Strategies; plans; long-term, medium-term, and annual socio-economic development plans; medium-term and annual public investment plans; five-year financial plans of provinces and centrally-administered cities, three-year financial-budget plans of provinces and centrally-administered cities; state budget estimates and allocation plans for local budgets annually; final accounts of the state budget to report to competent authorities as prescribed;

c) Monthly, quarterly, semi-annual, and annual reports on socio-economic conditions, important and urgent issues, and tasks and solutions for directing and managing the implementation of socio-economic development plans;

d) The organizational structure of the People's Committee; the establishment, abolition of specialized agencies and other administrative organizations under the People's Committee; the establishment, dissolution, merger, division, adjustment of administrative boundaries, and renaming of administrative units at various levels to report to competent authorities as prescribed;

đ) Annual work programs of the People's Committee; reviews of the People's Committee's leadership and management work, the Chairman of the People's Committee, and the implementation of the Working Regulations of the People's Committee;

e) Matters that the law requires the People's Committee to discuss and decide;

g) Other matters according to the Working Regulations of the People's Committee.

3. Decisions of the People's Committee must be approved by more than half of the total number of members of the People's Committee. In case of equal votes, the decision will follow the opinion of the Chairman of the People's Committee. Voting can be conducted during the meeting of the People's Committee or through ballots sent to the members of the People's Committee.

4. The People's Committee authorizes the Chairman of the People's Committee to represent the People's Committee in examining and deciding urgent matters within its jurisdiction that require immediate handling or matters already agreed upon by the People's Committee regarding policy and principles, except for the contents prescribed in Clause 2 of this Article. The Chairman of the People's Committee shall report or delegate a Vice Chairman of the People's Committee to report on behalf of the Chairman at the next meeting of the People's Committee about the matters decided.

5. A Vice Chairman of the People's Committee performs the duties of the Chairman of the People's Committee in the areas, regions, and scope of authority assigned by the Chairman of the People's Committee, and is individually responsible before the Chairman of the People's Committee and the law for decisions made within the assigned areas, regions, and scope of authority.

When the Chairman of the People's Committee is absent, one Vice Chairman of the People's Committee designated by the Chairman of the People's Committee shall lead the work of the People's Committee on behalf of the Chairman of the People's Committee.

6. Members of the People's Committee perform specific tasks in their respective sectors and fields as assigned by the People's Committee and the Chairman of the People's Committee; participate in resolving common tasks of the collective People's Committee; collectively decide and jointly bear responsibility for matters within the jurisdiction of the People's Committee.

Article 39. Transfer and Removal from Office of Chairperson and Deputy Chairperson of People's Committee

1. The Prime Minister decides on the transfer of the Chairperson and Deputy Chairperson of People's Committee at provincial level; the Chairperson and Deputy Chairperson of People's Committee at provincial and district levels decide on the transfer of the Chairperson and Deputy Chairperson of People's Committee at directly subordinate levels.

2. The Prime Minister decides on the removal from office of the Chairperson and Deputy Chairperson of People's Committee at provincial level; the Chairperson and Deputy Chairperson of People's Committee at provincial and district levels decide on the removal from office of the Chairperson and Deputy Chairperson of People's Committee at directly subordinate levels when the Chairperson and Deputy Chairperson of People's Committee violate laws or fail to fulfill their assigned duties and responsibilities properly.

3. The Chairperson and Deputy Chairperson of People's Committee who are transferred or removed from office cease to perform their tasks from the date the decision on transfer or removal from office takes effect.

Article 40. Delegation of Authority of Chairperson of People's Committee

During the absence of the Chairperson of People's Committee, the Standing Body of the Provincial People's Council shall submit to the Prime Minister for a decision to delegate the authority of the Chairperson of People's Committee at the same level; the Standing Body of the District People's Council shall submit to the Chairperson of Provincial People's Committee for a decision to delegate the authority of the Chairperson of People's Committee at the same level; the Standing Body of the Commune People's Council shall submit to the Chairperson of District People's Committee for a decision to delegate the authority of the Chairperson of People's Committee at the same level. The authority of the Chairperson of People's Committee ceases to perform its tasks from the day the People's Council elects a new Chairperson of People's Committee.

Chapter VI

ORGANIZATION OF LOCAL ADMINISTRATIVE POWER IN CASES OF BOUNDARY CHANGES OF ADMINISTRATIVE UNITS AND OTHER SPECIAL CASES

Article 41. Organization of Local Administrative Power When Incorporating Administrative Units of the Same Level

1. In cases where multiple administrative units are incorporated into one new administrative unit of the same level, the representatives of the People's Councils of the old administrative units shall form the People's Council of the new administrative unit and continue to operate until the end of their term, except in cases where the new administrative unit does not organize local administrative power.

2. The first session of the People's Council at the new administrative unit as stipulated in Clause 1 of this Article shall be convened by one convener designated by the Standing Body of the directly superior People's Council, for provincial level, it shall be designated by the Standing Committee of the National Assembly, to convene and preside until the People's Council elects a new Chairperson of the People's Council of the new administrative unit.

3. The People's Council of the new administrative unit as stipulated in Clause 1 of this Article shall elect the positions of the People's Council and People's Committee according to the provisions of Article 34 of this Law and operate until the new term of the People's Council is elected.

Article 42. Organization of Local Administrative Power When Dividing One Administrative Unit into Multiple Administrative Units of the Same Level

1. In cases where one administrative unit is divided into multiple new administrative units of the same level, the representatives of the People's Council who have been elected or are performing representative duties in the territory belonging to the new administrative unit shall form the People's Council of that administrative unit and continue to operate until the end of their term.

2. In cases where the People's Council at the new administrative unit has a number of representatives equal to or greater than two-thirds of the total number of representatives elected according to this Law, the People's Council at the new administrative unit shall elect the positions of the People's Council and People's Committee according to the provisions of Article 34 of this Law and operate until the new term of the People's Council is elected.

3. In cases where the number of representatives of the People's Council at the new administrative unit is less than two-thirds of the total number of representatives elected according to this Law and the remaining time of the term exceeds eighteen months, supplementary elections for representatives of the People's Council shall be conducted according to the law on elections. After the People's Council has been supplemented with representatives, it shall proceed to elect the positions of the People's Council and People's Committee according to the provisions of Article 34 of this Law and operate until the new term of the People's Council is elected.

4. The first session of the People's Council at the new administrative unit as stipulated in Clauses 2 and 3 of this Article shall be convened by one convener designated by the Standing Body of the directly superior People's Council among the representatives of the People's Council of the new administrative unit, for provincial level, it shall be designated by the Standing Committee of the National Assembly, to convene and preside until the People's Council elects a new Chairperson of the People's Council of the new administrative unit.

5. In cases where the number of representatives of the People's Council at the new administrative units is less than two-thirds of the total number of representatives elected according to this Law and the remaining time of the term is less than or equal to eighteen months, the Standing Body of the directly superior People's Council shall designate the Acting Chairperson of the People's Council, for provincial administrative units, the Standing Committee of the National Assembly shall designate the Acting Chairperson of the People's Council, upon the proposal of the Standing Body of the People's Council before division to perform the tasks and powers prescribed in Clause 3 of Article 46 of this Law.

The Chairperson of the directly superior People's Committee shall designate the Acting Chairperson of People's Committee, Interim People's Committee, for provincial administrative units, the Prime Minister shall designate the Acting Chairperson of People's Committee, Interim People's Committee to perform the tasks and powers of the Chairperson of People's Committee, People's Committee as prescribed by this Law until the new term of the People's Committee is elected.

Article 43. Organization of local administrative authorities when establishing a new administrative unit based on the existing status

In the case of establishing a new administrative unit based on the existing administrative unit, the representatives of the People's Council, the Standing Committee of the People's Council, the People's Committee, the Committees of the People's Council, and the Delegation of the People's Council from the old administrative unit shall become the representatives of the People's Council, the Standing Committee of the People's Council, the People's Committee, the Committees of the People's Council, and the Delegation of the People's Council of the new administrative unit.

The term of the People's Council in the newly established administrative unit shall be recalculated from the beginning (Term I) from the date of establishment.

Article 44. Organization of local administrative authorities when establishing a new administrative unit based on adjusting part of the territory and population of several administrative units

1. In the case of establishing a new administrative unit based on adjusting part of the territory and population of several same-level administrative units, the representatives of the People's Council residing or working in that territory shall form the People's Council of the new administrative unit and continue to operate in the new unit until the end of their term.

2. The organization and operation of the local administrative authority in the newly established administrative unit shall be carried out according to the provisions of Article 42 of this Law.

3. The People's Council and the People's Committee at the administrative unit whose territorial boundaries have been adjusted to establish a new administrative unit shall continue to operate until the end of their term; supplementary elections for representatives of the People's Council shall be conducted in accordance with the law on elections.

Article 45. Activities of representatives of the People's Council when relocating a community

1. In the case where part of the territory and population of an administrative unit is transferred to another administrative unit, the representatives of the People's Council residing or working in that territory shall become representatives of the equivalent level People's Council of the receiving administrative unit and continue to operate until the end of their term.

2. In the case where a community is relocated to another place, the representatives of the People's Council who move with the community shall become representatives of the equivalent level People's Council of the receiving administrative unit and continue to operate until the end of their term.

3. The People's Council and the People's Committee at the administrative unit receiving part of the territory and population or receiving a community shall continue to operate until the end of their term.

Article 46. Activities of the People's Council when there are not two-thirds of the total number of representatives of the People's Council

1. In the case where the People's Council does not have two-thirds of the total number of representatives elected under this Law and the remaining time of the term exceeds eighteen months, supplementary elections for representatives of the People's Council shall be conducted in accordance with the law on elections.

2. In the case where the People's Council does not have two-thirds of the total number of representatives elected under this Law and the remaining time of the term is less than or equal to eighteen months, the People's Council shall discuss and decide on plans for economic and social development, local budget, election, dismissal, and removal of positions elected by the People's Council, the establishment, reorganization, dissolution of Committees of the People's Council, specialized agencies under the same-level People's Committee, urgent tasks within the duties and powers of the People's Council as stipulated by law.

When deciding on these matters, more than two-thirds of the remaining representatives of the People's Council must vote in favor.

In the absence of the Chairman of the People's Council, the Standing Committee of the higher-level People's Council directly appoints the Acting Chairman of the People's Council; for provincial administrative units, the Standing Committee of the National Assembly appoints the Acting Chairman of the People's Council.

3. The Chairman of the People's Council or the Acting Chairman of the People's Council in the cases provided for in Clause 2 of this Article shall perform the following tasks and powers:

a) Cooperate with the People's Committee in preparing meetings of the representatives of the People's Council; convene and chair meetings of the representatives of the People's Council to discuss and adopt resolutions of the People's Council on plans for economic and social development and the local budget;

b) Summarize questions raised by representatives of the People's Council, opinions, and proposals of voters to report to the meeting of the representatives of the People's Council;

c) Maintain contact, urge, and create conditions for representatives of the People's Council to carry out their activities;

d) Convene and chair the first session of the new term of the People's Council until the People's Council elects a Chairman of the People's Council;

đ) Perform other tasks and powers of the Standing Committee of the People's Council as prescribed by law.

Article 47. Dissolution of People's Councils

1. The People's Council that causes serious damage to the interests of the people shall be dissolved.

2. The authority to dissolve People's Councils is defined as follows:

a) The Standing Committee of the National Assembly dissolves the People's Council at the provincial level;

b) The People's Council at the provincial level dissolves the People's Council at the district level;

c) The People's Council at the district level dissolves the People's Council at the commune level.

3. The resolution dissolving the People's Council at the commune level by the People's Council at the district level must be submitted for approval to the People's Council at the provincial level; the resolution dissolving the People's Council at the district level by the People's Council at the provincial level must be submitted for approval to the Standing Committee of the National Assembly.

4. The People's Council at the provincial level, upon dissolution, ceases operations from the date the resolution dissolving the People's Council at the provincial level by the Standing Committee of the National Assembly takes effect.

The People's Council at the district and commune levels, upon dissolution, ceases operations from the date the resolution dissolving the People's Council is approved by the competent state agency.

5. In cases where the People's Council is dissolved, the Chairman of the People's Committee at the higher level directly appoints the Acting Chairman of the People's Committee and the Provisional People's Committee to perform the duties and powers of the Chairman of the People's Committee and the People's Committee according to this Law until the new People's Council and People's Committee are elected. For units at the provincial level, the Prime Minister appoints the Acting Chairman of the People's Committee and the Provisional People's Committee.

6. The Standing Committee of the National Assembly decides and announces the election day for members of the People's Council in cases of dissolving the People's Council at the provincial level; the Standing Body of the People's Council at the provincial level decides and announces the election day for members of the People's Council in cases of dissolving the People's Council at the district and commune levels. The election of members of the People's Council is carried out in accordance with the law on elections. The newly elected People's Council performs its tasks until the end of the term of the dissolved People's Council.

Chapter VII

IMPLEMENTING PROVISIONS

Article 48. Amendment and Supplement to the Law on the Sea of Vietnam

Add Clause 3 after Clause 2 of Article 7 of the Law on the Sea of Vietnam No. 18/2012/QH13 as follows:

"3. The Government implements the demarcation of administrative management boundaries at sea for units at the provincial, district, and commune levels in coastal areas; assigns islands under the sovereignty of Vietnam to provinces and centrally-administered cities with coastlines for management; establishes territorial boundaries for areas of natural sedimentation and reclaimed land."

Article 49. Effective Date

1. This Law takes effect from March 1, 2025, except as provided in Clause 3 of Article 50 of this Law.

2. Urban administration organizations in Ho Chi Minh City, Da Nang City, and Hai Phong City continue to operate in accordance with Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on urban administration in Ho Chi Minh City, Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly on pilot special mechanisms and policies for the development of Ho Chi Minh City, Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly on urban administration and pilot special mechanisms and policies for the development of Da Nang City, and Resolution No. 169/2024/QH15 dated November 30, 2024 of the National Assembly on urban administration in Hai Phong City.

The People's Committee at the district level in units without local administration organization in Ho Chi Minh City, Da Nang City, and Hai Phong City shall also perform the tasks and powers stipulated in Point i, Clause 1 of Article 18 of this Law.

3. Urban administration organizations in Hanoi City shall operate in accordance with the provisions of the Law on the Capital City.

Repeal Clause 5 of Article 14 of the Law on the Capital City No. 39/2024/QH15 which has been amended and supplemented by Laws No. 47/2024/QH15, No. 55/2024/QH15, No. 57/2024/QH15, and No. 58/2024/QH15. Matters related to responsibility systems, ensuring conditions for implementation, and using forms of documents and seals when implementing decentralization and delegation of authority shall be carried out in accordance with the provisions of this Law.

4. The Law on Local Administration Organization No. 77/2015/QH13 which has been amended and supplemented by Laws No. 21/2017/QH14, No. 47/2019/QH14, No. 31/2024/QH15, No. 34/2024/QH15, No. 43/2024/QH15, No. 47/2024/QH15, and No. 58/2024/QH15 shall cease to be effective from the date this Law takes effect, except as provided in Clause 3 of Article 50 of this Law.

Article 50. Transitional Provisions

1. Within two years from the date this Law takes effect, legal normative documents containing provisions on the tasks and powers of local administrative authorities at all levels shall be amended and supplemented to ensure consistency with the principles stipulated in Articles 11, 12, 13, and 14, and the tasks and powers of local administrative authorities at all levels prescribed in this Law.

From the date this Law takes effect, to promptly promote decentralization and delegation of authority to local administrative authorities in certain priority and urgent fields, the Government shall issue legal normative documents within its jurisdiction to redefine the tasks and powers of local administrative authorities and adjust other relevant provisions concerning the implementation of such tasks and powers for uniform application until the laws, ordinances, and resolutions of the National Assembly and the Standing Committee of the National Assembly are amended and supplemented, and report periodically to the Standing Committee of the National Assembly; in cases related to laws and resolutions of the National Assembly, report to the National Assembly at the nearest session.

2. During the period when the competent authority has not issued legal normative documents to regulate the tasks and powers of local administrative authorities in various sectors and fields in accordance with this Law, current legal provisions relating to responsibilities in performing the tasks and powers of local administrative authorities shall continue to be implemented until the competent authority issues legal normative documents to amend, supplement, or replace them.

3. The organizational structure of the People's Councils for the term 2021-2026 shall continue to operate according to the composition and membership defined in the Law on Organization of Local Administrative Authorities No. 77/2015/QH13, which has been amended and supplemented by Laws No. 21/2017/QH14, No. 47/2019/QH14, No. 31/2024/QH15, No. 34/2024/QH15, No. 43/2024/QH15, No. 47/2024/QH15, and No. 58/2024/QH15 until there are new regulations by the Government as stipulated in Clause 1 of Article 37 of this Law.