The Law on Local Administration stipulates the organization and operation of local authorities at all levels (province, centrally governed city, commune) in performing their tasks and powers under the Constitution and laws. This Law focuses on delineating the authority between central state agencies and localities, as well as among different levels of government, to enhance the effectiveness and efficiency of state management.
Scope of application
Administrative units (province, centrally governed city, commune), People's Councils, People's Committees at all levels, citizens, and businesses operating within these administrative units.
Key points
- The People's Councils and People's Committees at the administrative units specified in Article 1 are state power organs and executive bodies of the locality, accountable to the people and higher-level state agencies.
- Local authorities perform tasks related to economic and social development, land management, education, health care, culture, security, and defense as provided for in Articles 15-23.
- Delineation of authority between central state agencies and localities, as well as among different levels of government, is clearly stated in Articles 11-14.
- The Chairman of the Provincial People's Committee is responsible for leading and directing the work of the People's Committee, and guiding the implementation of economic and social development tasks as provided for in Article 17.
- The Provincial People's Council decides on the establishment, dissolution, merger, division, boundary adjustment, and renaming of its own administrative units and communes according to Article 9.
🌐 Social impact of this document
- Positive impact: Enhancing the effectiveness and efficiency of state management through clear delineation of authority among agencies and organizations.
- Negative impact: May cause difficulties in task implementation due to overlapping authority among different levels of local government.
❓ Frequently asked questions
What powers does the People's Council have?
The People's Council decides on important issues of the locality, oversees compliance with the Constitution and laws, and is accountable to the local people and higher-level state agencies.
What powers does the Chairman of the People's Committee have?
The Chairman of the People's Committee leads the work of the People's Committee, guides the implementation of economic and social development tasks, manages the budget and public assets, and organizes the implementation of policies on education, healthcare, culture, security, and defense.
What are the tasks of local authorities?
Local authorities have the task of promoting economic and social development, managing land, education, healthcare, culture, security, and defense, and implementing state policies at the local level.
How is authority delineated between central state agencies and localities?
Authority delineation is carried out based on the principle of democratic centralism, ensuring the stability and smoothness of state management, aligning with the strategy for economic and social development and national defense and security requirements.
Can the People's Council revoke regulations issued by the People's Committee that violate the law?
Yes, the People's Council has the right to revoke part or all of regulations issued by the People's Committee and the Chairman of the Commune People's Committee as provided for in Articles 15 and 21.
Full text
|
OF THE NATIONAL ASSEMBLY Law No.: 72/2025/QH15 |
SOCIALIST REPUBLIC OF VIET NAM |
LAW
LOCAL ADMINISTRATIVE ORGANIZATION
Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly enacts the Law on Local Administration Organization.
Chapter I
GENERAL PROVISIONS
Article 1. Administrative Units
1. The administrative units of the Socialist Republic of Vietnam shall be organized into two levels, including:
a) Provinces and centrally governed cities (hereinafter referred to collectively as provincial level);
b) Communes, wards, and special economic zones under the provincial level (hereinafter referred to collectively as commune level).
Commune is an administrative unit in rural areas; ward is an administrative unit in urban areas; special economic zone is an administrative unit established in certain sea islands with strategic positions, suitable to geographical, natural conditions, demographic characteristics, and requirements for socio-economic development, ensuring national defense and security.
2. Special administrative-economic zones are strategic areas organized according to a special model, applying preferential mechanisms and policies, implementing new local governance policies, attracting investment, enhancing national competitiveness to promote socio-economic development at the local, regional, and national levels. Special administrative-economic zones are established by the National Assembly's decision.
Article 2. Local Administration Organization
1. Local administration at the administrative units specified in Clause 1 of Article 1 of this Law, except for the administrative units specified in Article 28 of this Law, consists of People's Council and People's Committee.
2. Local administration at special administrative-economic zones is regulated by the National Assembly when establishing such special administrative-economic zones.
Article 3. Classification of Administrative Units
1. The classification of administrative units serves as the basis for formulating socio-economic development policies, building organizational structures, and systems and policies for civil servants of local administrations appropriate to each type of administrative unit.
2. The classification of administrative units must be based on criteria such as population size, natural area, socio-economic development conditions, and specific factors of each type of administrative unit in rural, urban, and island areas as prescribed by the Government.
Article 4. Principles of Organization and Operation of Local Administration
1. Adherence to the Constitution and laws, social management through the rule of law; implementation of the principle of democratic centralism.
The People's Council operates under a collective system, deciding by majority.
The People's Committee operates under a collective system, deciding by majority; while emphasizing the authority and responsibility of the Chairman of the People's Committee.
2. Local administration organization shall be streamlined, efficient, effective, meeting the requirements of professional and modern local governance, effectively applying information technology and digital transformation in the organization and operation of local administration, ensuring accountability linked to power control mechanisms.
3. Ensuring human rights and citizens' rights; building local administration close to the people, serving the people, promoting the people's right to mastery, subject to people's inspection and supervision; fully implementing the social feedback mechanism of the Vietnam Fatherland Front and political-social organizations at the local level.
4. Ensuring a transparent, unified, smooth, and continuous administrative foundation.
5. Matters within the jurisdiction of local administration must be decided and implemented by local administration; promoting the role of autonomy and self-responsibility of local administration.
6. Clearly defining the jurisdiction between central state agencies and local administration; between provincial-level local administration and commune-level local administration.
Article 5. People's Council
1. The People's Council consists of People's Council deputies 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, deciding important issues of the locality, supervising compliance with the Constitution and laws, overseeing the activities of state organs at the local level; being accountable to the local people and higher-level state organs.
2. People's Council deputies are representatives of 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. People's Council deputies must meet the following criteria:
a) Loyal to the country, the people, and the Constitution, striving to implement the renewal process, aiming for a prosperous people, a strong country, democracy, equity, civilization;
b) Having only one nationality, which is Vietnamese nationality;
c) Possessing good moral qualities, diligence, thrift, honesty, integrity, impartiality, setting an example in complying with the law; having firmness and determination to combat corruption, waste, negativity, all manifestations of bureaucracy, arrogance, abuse of power, and other acts violating the law;
d) Having educational qualifications, expertise, sufficient capability, health, work experience, and reputation to perform representative duties; having conditions to participate in the activities of the People's Council;
đ) Residing or working at an agency, organization, unit, enterprise within the administrative unit where they serve as a People's Council deputy;
e) Maintaining close contact with the people, listening to the opinions of the people, and being trusted by the people.
4. The term of each session of the People's Council is five years from the opening day of the first session of that session of the People's Council to the opening day of the first session of the new session of the People's Council. 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 oversees and guides the activities of the People's Council; promulgates a model Regulation on Operation of the People's Council. The Government guides, inspects the People's Council in implementing documents from higher-level state organs; 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, the administrative state organ at the local level, organizing the implementation of the Constitution, laws, and resolutions of the People's Council at the local level, being accountable to the local people, the same-level People's Council, and higher-level administrative state organs.
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 newly-elected 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. Work relations between local authorities and the Vietnam Fatherland Front Committee and political-social organizations at the local level
1. Local authorities shall coordinate 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, organizing the implementation of state policies and laws, supervising and providing social feedback on the activities of local authorities.
2. The Chairman of the Vietnam Fatherland Front Committee and the heads of political-social organizations at the local level shall be invited to attend sessions of the People's Council and invited to attend meetings of the People's Committee at the same level when discussing issues related to them.
3. The People's Council and People's Committee shall implement a system of reporting local conditions to the Vietnam Fatherland Front Committee and political-social organizations at the same level.
4. Local authorities shall have the responsibility to receive, handle, and respond to proposals from the Vietnam Fatherland Front Committee and political-social organizations at the local level participating in building the administration; to receive, handle, and respond to opinions and proposals from local residents 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 of organization of administrative units and conditions for establishment, dissolution, merger, splitting of administrative units, and adjustment of 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 stability, smoothness, and continuity in state management;
b) Consistency with the economic and social development strategy for each period, suitability with the characteristics, natural conditions, social conditions, 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 government apparatus, the degree of application of information technology and digital transformation; ensuring that related administrative tasks and procedures concerning citizens, businesses, and society are promptly received and resolved smoothly;
d) Implementing the reorganization of administrative units that have not met the standards prescribed by law.
2. The establishment, merger, splitting, and boundary adjustment of administrative units must meet the following conditions:
a) Consistency with relevant planning approved by competent authorities;
b) Ensuring the common interests of the nation, the effectiveness and efficiency of local government management at all levels; leveraging potential and advantages to promote the economic and social development of the country and each locality;
c) Ensuring requirements for national defense, security, public order, and social safety; the establishment of special zones in maritime islands must also ensure the firm protection of national independence, sovereignty, territorial integrity in marine and island areas, leveraging the economic potential of the sea, attracting residents to live in special zones, and being consistent with the policy of competent authorities;
d) Ensuring unity and equality among ethnic groups, suitability 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 maritime 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 requirements of economic and social development, 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;
c) Due to the reorganization of administrative units in accordance with the orientation of competent authorities and as prescribed by law.
Article 9. Competence to decide on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units
Clause 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.
Clause 2. The Standing Committee of the National Assembly decides on the establishment, dissolution, merger, division of commune-level administrative units, adjustment of territorial boundaries, and renaming of 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
Clause 1. The Government assigns the People's Committees at the provincial level to take the lead in drafting 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 Government for submission to the National Assembly; the People's Committees at the provincial level organize the drafting of proposals for the establishment, dissolution, merger, division of commune-level administrative units, adjustment of territorial boundaries, and renaming of commune-level administrative units to be submitted to the Government for submission to the Standing Committee of the National Assembly.
Clause 2. The dossier of the proposal for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units includes:
Point a) A report on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units;
Point b) A proposal on the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units;
Point c) A consolidated report on the opinions of the people, the People's Councils, and related agencies and organizations;
Point 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.
Clause 3. The establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units must seek the opinions of the people in the directly affected commune-level administrative units; the People's Committees at the provincial level are responsible for organizing the solicitation of 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.
Clause 4. After obtaining the results of soliciting public opinion, the agency drafting the proposal is responsible for perfecting the proposal. For proposals concerning the establishment, dissolution, merger, division of provincial-level administrative units, adjustment of territorial boundaries, and renaming of provincial-level administrative units, they shall be submitted to the People's Councils at the provincial level for review and comments. For proposals concerning the establishment, dissolution, merger, division of commune-level administrative units, adjustment of territorial boundaries, and renaming of commune-level administrative units, they shall be submitted to the People's Councils at the provincial level and the People's Councils at the commune level in the directly affected administrative units for review and comments.
Clause 5. Proposals for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units drafted by the People's Committees at the provincial level 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.
Clause 6. The procedures for drafting proposals, the procedures and formalities for reviewing and approving proposals for the establishment, dissolution, merger, division of administrative units, adjustment of territorial boundaries, and renaming of administrative units are carried out according to the regulations of the Standing Committee of the National Assembly; the procedures and formalities for reviewing and approving proposals for the establishment, dissolution, merger, division of provincial-level administrative units, adjustment of territorial boundaries, and renaming of provincial-level administrative units during the sessions of the National Assembly are regulated by the National Assembly.
Chapter III
DETERMINATION OF THE COMPETENCE OF LOCAL AUTHORITIES AT VARIOUS LEVELS
Article 11. Determination of the Authority of Local Administrative Bodies
1. The tasks and powers of local administrative bodies at various levels shall be determined on the basis of the division of authority between central state agencies and local state agencies and among each level of local administrative bodies in accordance with the principle of decentralization and deconcentration.
2. The determination of the authority of local administrative bodies must ensure the following principles:
a) Clearly define the content and scope of tasks and powers that local administrative bodies are authorized to decide, organize the implementation of, and bear responsibility for the results thereof;
b) Promote the decentralization and deconcentration of tasks and powers of central state agencies to local administrative bodies; clearly delineate the authority of People's Committees from the authority of Chairpersons of Provincial and Commune-level People's Committees; ensure that there is no overlap or duplication of tasks and powers between central and local state agencies, among different levels of local administrative bodies, and between agencies and organizations under local administrative bodies;
c) Be appropriate to the characteristics of rural, urban, island areas, special administrative-economic units, and the capacity and conditions for implementing tasks and powers of local administrative bodies at various levels. Agencies, organizations, and individuals entrusted with the implementation of tasks and powers of higher-level state agencies shall be provided with necessary conditions to perform such tasks and powers;
d) Ensure transparency, accountability, and effective oversight of power, linked to the inspection, audit, and supervision responsibilities of competent authorities; establish mechanisms for monitoring, evaluating, inspecting, and promptly adjusting the content of decentralization and deconcentration when agencies, organizations, and individuals entrusted with such tasks and powers fail to implement them effectively;
e) Ensure consistency in the organization of the enforcement of the Constitution and laws;
f) Meet the requirements of local governance; promote scientific and technological development, innovation, and digital transformation;
g) Matters concerning the scope of two or more commune-level administrative units shall fall within the jurisdiction of provincial-level local administrative bodies, and matters concerning the scope of two or more provincial-level administrative units shall fall within the jurisdiction of central state agencies, except where otherwise provided by law or resolutions of the National Assembly;
Based on actual circumstances, central state agencies with authority may entrust local administrative bodies of one of the relevant provincial-level administrative units to primarily resolve matters concerning the scope of two or more provincial-level administrative units; provincial-level local administrative bodies may entrust local administrative bodies of one of the relevant commune-level administrative units to primarily resolve matters concerning the scope of two or more commune-level administrative units, ensuring the enhancement of the effectiveness and efficiency of state management and better service to citizens and businesses;
3. The decentralization, deconcentration, and stipulation of tasks and powers of local administrative bodies and their agencies in legal normative documents must comply with the provisions of this Law, ensuring effective control over state power. In cases of necessity, People's Committees and Chairpersons of Provincial-level People's Committees may directly direct and manage the resolution of issues within the tasks and powers of specialized agencies and other administrative organizations under their own People's Committees, as well as People's Committees and Chairpersons of Commune-level People's Committees, to prevent delays, bottlenecks, and inefficiency in handling matters and administrative procedures for citizens and businesses.
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 of authority demarcation, 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 according to Articles 13 and 14 of this Law, except where laws or National Assembly resolutions provide otherwise. Article 13. Delegation of Levels
1. The People's Council at the provincial level delegates to the People's Committee at the same level or the People's Council at the commune level; the People's Committee at the provincial level and the Chairman of the People's Committee at the provincial level delegate to specialized agencies, other administrative organizations under their own People's Committee, People's Committees, and Chairmen of People's Committees at the commune level to continuously and regularly perform one or several tasks and powers assigned to them by law, except where law provides otherwise.
The People's Committee at the provincial level and the Chairman of the People's Committee at the provincial level delegate to public service units under their management to continuously and regularly perform one or several tasks and powers assigned to them by law to increase autonomy for public service units in managing their units and providing public services, except where law provides otherwise.
2. Delegation must be stipulated in normative legal documents of the delegating agency or individual. The delegating agency or individual is responsible for ensuring necessary conditions for performing delegated tasks and powers, except where the delegated agency, organization, unit, or individual requests and self-assures the conditions for performing delegated tasks and powers.
3. The delegating agency or individual is responsible for monitoring, guiding, and inspecting the performance of delegated tasks and powers, ensuring effective implementation of delegated contents; they bear responsibility for the results of delegated tasks and powers if they fail to ensure conditions as stipulated in Clause 2 of this Article.
4. The delegated agency, organization, unit, or individual has the right to participate in opinions on draft delegation documents; request the delegating agency or individual to adjust the delegation content; bear legal responsibility before the delegating agency or individual regarding the results of performing delegated tasks and powers; periodically report and evaluate the performance of delegated tasks and powers and not further delegate tasks and powers that have been delegated.
5. The People's Committee at the provincial level may propose to the Government, Prime Minister, Ministers, or Heads of Ministries to delegate to agencies, organizations, units, or individuals with authority at the local level to perform tasks and powers suitable to the local capacity and actual conditions.
Agencies, organizations, units, or individuals with authority at the local level may propose to the People's Council at the provincial level, the People's Committee at the provincial level, or the Chairman of the People's Committee at the provincial level to delegate tasks and powers suitable to their capacity if they meet financial, human resource requirements, and other necessary conditions.
6. The Government, Prime Minister, Ministers, or Heads of Ministries, People's Councils, People's Committees, or Chairmen of People's Committees at the provincial level, upon receiving proposals from agencies, organizations, units, or individuals as stipulated in Clause 5 of this Article, shall be responsible for considering and resolving; if they disagree, they must respond in writing and specify reasons.
7. In cases where it is necessary to change the procedures, processes, or authorities currently stipulated in normative legal documents of higher-level state agencies to implement delegation as prescribed in this Article, the People's Council, People's Committee, or Chairman of the People's Committee at the provincial level shall adjust such provisions in their normative legal documents on delegation to perform delegated tasks and powers, ensuring requirements for administrative reform towards reducing administrative procedures, promoting the application of information technology, digital transformation in handling administrative procedures, without adding new components to the dossier, increasing requirements, conditions, or time for handling existing procedures.
The Chairman of the People's Committee at the provincial level is responsible for publicly announcing administrative procedures with changes and adjustments as stipulated in this clause according to the law, and subsequently compiling and reporting to central state management agencies in relevant sectors about the adjustment of procedures, processes, and authorities to perform delegated tasks and powers in their locality.
Authorities, organizations, units, and individuals with local jurisdiction may propose to the Provincial People's Council, the Provincial People's Committee, or the Chairman of the Provincial People's Committee for the delegation of tasks and powers appropriate to their capacity if they meet financial, human resource, and other necessary conditions.
6. The Government, the Prime Minister, Ministers, Heads of ministerial-level agencies, People's Councils, People's Committees, and Chairmen of Provincial People's Committees shall be responsible for examining and resolving the content of proposals made by agencies, organizations, units, and individuals as stipulated in Clause 5 of this Article; in case of disagreement, they must respond in writing and provide clear reasons.
7. In cases where it is necessary to change the procedures, formalities, and authorities currently prescribed in normative legal documents of higher-level state agencies in order to implement the delegation as provided for in this Article, People's Councils, People's Committees, and Chairmen of Provincial People's Committees shall adjust such provisions in normative legal documents on delegation issued by themselves to fulfill delegated tasks and powers, ensuring administrative reform requirements towards reducing administrative procedures, promoting the application of information technology, and digital transformation in handling administrative procedures, without adding new components to the dossier, increasing additional requirements, conditions, or processing times for existing procedures.
The Chairman of the Provincial People's Committee is responsible for publicly announcing changes and adjustments to administrative procedures as stipulated in this clause according to the law, and subsequently compiling and reporting to central management agencies in relevant sectors about the adjustment of procedures, formalities, and authorities to implement delegated tasks and powers at the local level.
Article 14. Delegation
1. The People's Committee may delegate to the Chairman of the People's Committee, heads of specialized agencies, other administrative organizations, public service units under its own level, or People's Committees, Chairmen of People's Committees at lower levels; the Chairman of the People's Committee may delegate to heads of specialized agencies, other administrative organizations, public service units under his/her own level, or Chairmen of People's Committees at lower levels; heads of specialized agencies, other administrative organizations under provincial People's Committees may delegate to People's Committees, Chairmen of People's Committees at commune level; the Chairman of the People's Committee at commune level may delegate to civil servants under his/her own level 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 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 delegated tasks and powers.
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 bear legal responsibility 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 this Article.
4. The receiving agency, organization, unit, or individual must strictly perform the delegated tasks and powers and bear responsibility before 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 bear legal responsibility for the results of the delegated tasks and powers, and the delegating agency, organization, or individual is not 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 delegate further the tasks and powers they have been delegated.
6. In cases where changes to the procedures, processes, and authority currently prescribed in legal normative documents of higher-level state agencies are required to implement the delegation according to this Article, the Provincial People's Committee, the Chairman of the Provincial People's Committee shall adjust these provisions in the delegation document issued by themselves; for other cases stipulated in Clause 1 of this Article, the delegating agency, organization, or individual shall request the Chairman of the Provincial People's Committee to adjust these provisions to implement the delegated tasks and powers, ensuring requirements for administrative reform towards reducing administrative procedures, promoting the application of information technology, digital transformation in handling administrative procedures, without adding new components to the dossier, increasing requirements, conditions, or processing time for existing procedures.
The Chairman of the Provincial People's Committee shall publicly announce administrative procedures with changes and adjustments according to this clause in accordance with the law and subsequently has the responsibility to compile and report to central management agencies related to the sector or field about the adjustment of procedures, processes, and authority to implement delegated tasks and powers in their locality.
7. Receiving agencies, organizations, units, or individuals may use their own agency, organization, or unit's document format and seal to perform delegated tasks, except for cases stipulated in Clauses 8 and 9 of this Article.
8. Civil servants under Commune People's Committees who are authorized by the Chairman of the Commune People's Committee to perform certain tasks and powers and are entrusted with signing authority may use the seal of the Commune People's Committee.
The Provincial People's Council shall detail the scope of tasks and powers delegated to civil servants under Commune People's Committees as stipulated in this clause.
9. In cases where the head of an agency or organization signs documents on behalf of the leadership collective; deputy heads of agencies or organizations sign on behalf of the head of the agency or organization; the head of an agency or organization delegates to deputies, heads of agencies or units within the organizational structure to perform certain tasks and powers with delegated signing authority, such actions shall be carried out according to the Government's regulations on archival work.
Chapter IV
TASKS AND POWERS OF LOCAL ADMINISTRATION
Section 1
TASKS AND POWERS OF LOCAL ADMINISTRATION AT PROVINCE LEVEL
Article 15. Duties and Authorities of the Provincial People's Council
1. In organizing and ensuring the implementation of the Constitution and laws:
a) Decide on measures to ensure the implementation of the Constitution, laws, and documents issued by higher-level state agencies at the local level;
b) Decide on strategies, mechanisms, and policies for economic and social development, industry and sector development, private economic development; breakthroughs in science, technology, innovation, and digital transformation of the locality;
c) Based on the Party's guidelines, decide to pilot special policies not yet provided for in the law to promote economic and social development within the locality's budget balancing capacity after reporting and obtaining permission from the Prime Minister; decide on budget expenditure regimes for certain special tasks at the local level according to the provisions of the State Budget Law;
d) Issue resolutions on matters within its duties and authorities; abolish, amend, supplement, or replace documents it has issued when deemed no longer appropriate or contrary to the law;
đ) Suspend the enforcement, abolish partially or entirely documents issued by the People's Committee, Chairman of the People's Committee at the same level that are contrary to the law; abolish partially or entirely documents issued by the People's Council at the commune level that are contrary to the law;
e) Dissolve the People's Council at the commune level in cases where such council causes serious damage to the interests of the people and report to the Standing Committee of the National Assembly for approval;
2. In the field of organizational structure and government construction:
a) Decide on the staffing of cadres and civil servants in local administrative bodies under its jurisdiction and the total staffing of cadres and civil servants in commune-level local administrative bodies, the number of persons working with salaries funded by the state budget in public service units under the management of the locality according to staffing quotas assigned by competent authorities as stipulated by law;
b) Decide on the funding sources to implement contracts for certain tasks of civil servants according to the law on cadres and civil servants; decide on allowances and the total number of non-professional personnel receiving allowances from the state budget of the locality; decide on policies to attract, utilize, and reward talented individuals and high-quality human resources in public service activities at the locality in accordance with the conditions and budget capabilities of the locality as stipulated by law;
c) Decide on the establishment, reorganization, renaming, dissolution of specialized agencies, and other administrative organizations under the same-level People's Committee according to the law;
d) Examine and provide opinions on the establishment, dissolution, merger, division, adjustment of administrative boundaries, and renaming of administrative units at the provincial and commune levels;
đ) Decide on naming and renaming streets, squares, and public works in the locality according to the law;
e) Issue the Working Regulations of the People's Council, the Standing Body of the People's Council, the Committees of the People's Council, the Delegation Groups of the People's Council, and People's Council Deputies at the provincial level;
g) Elect, appoint, and dismiss the Chairperson, Vice-Chairpersons of the People's Council, Heads of the Committees of the People's Council at the provincial level, the Chairperson, Vice-Chairpersons, and Members of the same-level People's Committee; elect, appoint, and dismiss People's Court Judges according to the law;
h) Dismiss People's Council Deputies and approve the resignation of People's Council Deputies at the provincial level according to the law;
3. In the field of planning, finance, budget, investment, and regional linkage implementation:
a) Approve the provincial master plan to submit to the Prime Minister for consideration and approval; decide on the five-year and annual socio-economic development plans at the provincial level, industry and sector development plans of the locality, ensuring consistency and alignment with national, regional, and provincial master plans approved by competent authorities;
b) Decide on financial, budgetary, and investment mechanisms and policies of the locality; on fees and charges; decide on policies and measures to mobilize, manage, and use capital for development; decide on borrowing capital according to the law;
c) Decide on the allocation of revenue sources and expenditure responsibilities between the provincial and commune-level budgets; the state budget revenue forecast on the territory; the local budget revenue and expenditure forecast and distribution plan; adjust the local budget forecast if necessary; approve the local budget settlement; decide on local budget expenditure systems, standards, and norms and other contents according to the State Budget Law;
d) Decide on the policy and measures for investment programs and projects of the locality according to the Public Investment Law and Public-Private Partnership Law;
đ) Decide on policies and measures to promote regional linkage and cooperation among provinces and cities within its authority;
4. In the field of science, technology, information, innovation, and digital transformation:
a) Decide on policies and measures to develop science, technology, information, and promote innovation and digital transformation of the locality according to the law;
b) Decide on policies and measures to encourage research and application of advanced science and technology; promote initiatives and technical improvements in the locality according to the law;
5. In the field of land, natural resources, environment, and agriculture, forestry, and fisheries:
a) Decide on policies and measures for land management and use, natural resource protection, climate change response, disaster prevention and control; agricultural, rural, forestry, and fishery development in the locality according to the law;
b) Approve the provincial land use plan before submitting it to the competent authority for approval; approve land recovery, land use purpose conversion, forest use conversion within its authority; decide on the land price list according to the Land Law.
6. In the fields of commerce, services, tourism, industry, construction, transportation, urban development, and rural infrastructure:
a) Decide on policies and measures to develop local commerce, services, and tourism in accordance with the provisions of the law;
b) Decide on policies and measures to develop local industry, construction, transportation, urban areas, urban infrastructure, and rural areas in accordance with the provisions of the law.
7. In the fields of education, healthcare, labor, culture, society, physical education, and sports:
a) Decide on policies and measures for developing local educational and healthcare undertakings and ensuring social welfare in accordance with the provisions of the law;
b) Decide on policies and measures to preserve and promote cultural heritage values at the local level; develop culture, society, physical education, and sports at the local level in accordance with the provisions of the law;
c) Decide on policies and measures to protect and care for people's health; protect and care for children, the elderly, persons with disabilities, the poor, orphaned children without support, and other policy beneficiaries at the local level;
d) Decide on policies and measures to prevent and control diseases; implement population policies at the local level in accordance with the provisions of the law;
đ) Decide on policies and measures to manage and develop human resources, create employment opportunities, improve labor productivity, improve working conditions, ensure workplace safety and hygiene in accordance with the provisions of the law.
8. Decide on measures to implement ethnic and religious policies; measures to ensure the implementation of national defense, security, public order, social safety, crime prevention and suppression, and other law violations; measures to implement foreign affairs tasks; measures to protect state assets, organizations, individuals, and ensure human rights and citizens' rights; measures to practice thrift, combat waste, corruption, and negative practices at the local level in accordance with the provisions of the law.
9. Supervise compliance with the Constitution and laws at the local level and the implementation of resolutions of the People's Council at the same level; supervise the activities of the Standing Committee of the People's Council, relevant committees of the People's Council at the same level, the People's Committee at the same level, the People's Court, the People's Procuracy, and other agencies at the local level.
10. Perform tasks and exercise powers delegated and other tasks and powers as prescribed by law.
Article 16. Tasks and Powers of the Provincial People's Committee
1. Draft and submit to the People's Council at the same level for consideration and promulgation of resolutions to implement the tasks and powers stipulated in points a, b, c of Clause 1, points a, b, c, d, đ of Clause 2, Clauses 3, 4, 5, 6, 7, and 8 of Article 15 of this Law, and organize the implementation of resolutions of the People's Council at the same level.
2. Organize the enforcement of the Constitution, laws, documents from higher-level state agencies, and resolutions of the People's Council at the same level to ensure the unity and smooth operation of the national administrative system; ensure material conditions, human resources, and other necessary resources to enforce the Constitution and laws at the local level.
3. Organize the implementation of state administrative management at the local level, ensuring a unified, smooth, continuous, effective, democratic, rule-of-law-based, professional, modern, clean, transparent, and service-oriented administrative system that serves the people and is subject to people's inspection and supervision.
4. Decide on specific plans for urban and rural development; take the lead and coordinate with central government agencies and other localities to promote regional linkage, cooperation between provinces and cities within their jurisdiction; organize the implementation of regional planning to ensure the unity of the economy.
5. Decide on specific regulations, standards, and budget allocation rates assigned by the People's Council at the same level; decide on the allocation and assignment of detailed budget expenditures; decide on adjustments to the local budget and other contents in accordance with the State Budget Law.
6. Define the functions, tasks, powers, and organizational structure of specialized agencies and other administrative organizations under the People's Committee at the same level; decide on the establishment, restructuring, renaming, dissolution, and organizational structure, tasks, and powers of public service units under the People's Committee at the same level in accordance with the law.
7. Manage the staffing of civil servants in local administrative agencies at all levels and the number of personnel working in public service units under the local management scope who receive salaries from the state budget in accordance with the law.
8. Decide on the number of Deputy Chairpersons of the People's Committee of each administrative unit at the commune level but must ensure that the total number of Deputy Chairpersons of the People's Committee at the commune level does not exceed the total number specified in the framework set by the Government.
9. Issue the Working Regulations of the People's Committee at the same level.
10. Issue decisions and other administrative documents on matters within its tasks and powers; revoke, amend, supplement, or replace documents issued by itself when deemed no longer appropriate or contrary to the law.
11. Based on actual circumstances and legal provisions, actively delegate tasks and powers to the People's Committees and Chairpersons of the People's Committees at the commune level to enhance their capacity, initiative, responsibility, strengthen the effectiveness of state administration, promote economic and social development, and manage and develop cities and special economic zones.
12. Perform tasks and exercise powers delegated and other tasks and powers as prescribed by law.
Article 17. Duties and Authorities of the Chairman of the People's Committee of the Province
1. Lead and direct the work of the People's Committee; convene and chair sessions of the People's Committee.
2. Lead and direct the implementation of tasks to enforce the Constitution, laws, and documents from higher state agencies and the People's Council and People's Committee at their own level.
3. Lead and be responsible for the operation of the local state administrative apparatus, ensuring unity and smoothness in the administrative system; for implementing administrative reform, civil service reform, and public servant reform within the local administrative agency system; be responsible for effectively applying information technology and digital transformation in the activities of the local government and commune-level administration in handling administrative procedures and providing public services according to the provisions of the law.
4. Lead, direct, urge, and inspect the work of specialized agencies and other administrative organizations under the People's Committee at their own level, People's Committees, and Chairmen of People's Committees at the commune level.
5. Direct and be responsible for organizing the implementation of the local budget estimate; manage and use financial resources, local budgets, state assets, and infrastructure effectively within their jurisdiction according to the provisions of the law.
6. Direct and organize the implementation of tasks related to economic and social development, industry sector development, urban development, private economic development, scientific and technological development, innovation, and digital transformation in the locality; organize the implementation of state management in the locality in areas such as finance, investment, land, agriculture, natural resources, environment, trade, services, industry, construction, transportation, education, health, lawmaking, administrative justice, judicial support, legal affairs, internal affairs, labor, information, culture, society, tourism, sports, and physical education according to the provisions of the law.
7. Direct and organize the implementation of foreign affairs tasks according to the provisions of the law.
8. Direct and organize the implementation of national defense, security, public order, and social safety tasks in the locality according to the provisions of the law; build a whole-of-the-people national defense, people's security posture; build self-defense militia forces, reserve mobilization forces, and forces participating in maintaining security and order at the grassroots level and policies for these forces in the locality according to the provisions of the law.
9. Direct and be responsible for implementing tasks related to protecting the property of agencies and organizations, protecting the lives, health, freedom, dignity, human rights, property, and other legitimate rights and interests of citizens, ensuring human rights; preventing and combating crime and other violations of the law in the locality according to the provisions of the law.
10. Direct the implementation of policies on ethnic groups and religions in the locality; preserve and promote the cultural identity of ethnic minority groups and religious followers in the locality according to the provisions of the law.
11. Direct and organize the implementation of national-level planning, regional planning, provincial planning, sectoral and field plans, and provincial socio-economic development plans that have been approved by competent authorities in the locality; manage industrial zones and economic zones in the locality according to the provisions of the law.
12. Direct and be responsible for ensuring social welfare, implementing preferential policies for those who have contributed to the revolution, and managing social assistance objects; manage higher education institutions, vocational training institutions, general secondary schools, healthcare facilities, and social welfare facilities within their jurisdiction according to the provisions of the law.
13. Direct and be responsible for personnel recruitment, utilization, management, and development of human resources, employment, social insurance, and labor matters on the territory according to the provisions of the law; decide on the appointment, dismissal, transfer, removal, commendation, and disciplinary action 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.
14. Direct and promptly handle emergency situations related to natural disasters, epidemics, and disasters in the locality; decide to apply urgent measures prescribed by law or exceed authority when truly necessary for the national interest, disaster prevention and control, epidemic prevention, and ensuring the lives and property of the people in the area, then report to the competent authority of the Party and the Prime Minister as soon as possible.
15. Direct the implementation of inspection, supervision, guidance, and handling of violations in enforcing the Constitution, laws, and documents from higher state agencies in the locality.
16. Direct and organize the implementation of citizen reception, complaint resolution, anti-corruption, thrift, and elimination of negative practices in the activities of the state administrative apparatus and in economic and social activities in the locality according to the provisions of the law.
17. Approve the results of elections, dismissals, and removals of Chairpersons and Deputy Chairpersons of Commune People's Committees; delegate the powers of the Chairman of Commune People's Committees; decide on temporary suspension of duties for Deputy Chairpersons of Commune People's Committees and Chairpersons of Commune People's Committees; decide on the appointment, transfer, temporary suspension, and removal of heads of specialized agencies and other administrative organizations 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.
18. Issue decisions, directives, and other administrative documents on issues within their duties and authorities; revoke, amend, supplement, or replace documents issued by themselves when they consider them no longer appropriate or contrary to the law.
19. Suspend the enforcement, revoke partially or entirely documents that violate the law issued by specialized agencies under the People's Committee at their own level and documents that violate the law issued by Commune People's Committees and Chairmen of Commune People's Committees.
20. Suspend the implementation of documents contrary to the law issued by the People's Council at the commune level, and report to the People's Committee at the same level for the purpose of requesting the same-level People's Council to revoke such documents.
21. Be authorized to decide on matters within the jurisdiction of the People's Committee at the same level, except for the contents specified in Clause 2, Article 40 of this Law, and report to the People's Committee at the nearest meeting.
22. Based on actual circumstances, enhance the delegation and authorization of tasks and powers to the People's Committees, Chairpersons of the People's Committees at the commune level to strengthen efficiency, effectiveness in state management, promote economic and social development of the locality, urban management and development, and special administrative-economic zones.
23. Perform the tasks and powers delegated and authorized, and other tasks and powers as prescribed by law.
Section 2
TASKS AND POWERS OF LOCAL ADMINISTRATIVE AUTHORITIES IN CITIES
Article 18. Tasks and Powers of the People's Council of the City
The People's Council of the city shall perform the tasks and powers stipulated in Article 15 of this Law and the following tasks and powers:
1. Decide on strategies, mechanisms, policies, and measures to develop the economy and society, urban development, urban infrastructure, industries, and fields within its territory in accordance with the law;
2. Decide on measures to enhance the central role of large cities in economic and social development in relation to other localities in the region, area, and nationwide in accordance with the law;
3. Approve the land use plan of the city for cases where it is not necessary to prepare a provincial land use plan before submitting it to the competent authority for approval;
4. Decide on measures to manage the population in the city and organize urban residents' lives in accordance with the law;
5. Decide on policies and measures for environmental quality management and sustainable development, pollution control, and green space development in urban areas in accordance with the law.
Article 19. Tasks and Powers of the People's Committee of the City
The People's Committee of the city shall perform the tasks and powers stipulated in Article 16 of this Law and the following tasks and powers:
1. Draft resolutions for the same-level People's Council to consider and promulgate to implement the tasks and powers stipulated in Clauses 1, 2, 3, 4, and 5 of Article 18 of this Law, and organize the implementation of the resolutions of the same-level People's Council;
2. Decide on urban spatial development, technical infrastructure, and social infrastructure in line with sustainable development directions, consistent with the city's position and role in the national urban system within its authority;
3. Decide on transferring certain functions, tasks, and powers as prescribed by law from the specialized agencies under the People's Committee at the same level to other specialized agencies, administrative organizations under the People's Committee at the same level, and the People's Committee at the commune level directly under it.
Article 20. Tasks and Powers of the Chairman of the People's Committee of the City
The Chairman of the People's Committee of the city shall perform the tasks and powers stipulated in Article 17 of this Law and the following tasks and powers:
1. Direct and organize the implementation of urban planning, programs, and plans for urban development, urban infrastructure construction on the territory; the use of urban land funds for the construction of urban infrastructure projects in accordance with the law;
2. Decide on programs and projects for urban economic development, trade, services, industry, high technology, and key economic sectors suitable for urban characteristics in accordance with the law;
3. Direct the organization and implementation of population policy, immigration management, labor management within the city;
4. Implement tasks related to urban space, architecture, and landscape management; organize and direct the implementation of public order maintenance, traffic safety, and traffic congestion prevention;
5. Direct and organize the implementation of smart city construction, information technology application, digital transformation in urban management and operation within its authority.
Section 3
TASKS AND POWERS OF LOCAL ADMINISTRATIVE AUTHORITIES AT THE COMMUNE LEVEL
Article 21. Tasks and Powers of the People's Council of the Commune
1. In organizing and ensuring the enforcement of the Constitution and laws:
a) Decide on measures to ensure the enforcement of the Constitution, laws, and documents of higher-level state agencies within the territory;
b) Decide on policies and measures for economic and social development, industry and field development, private economic development, and breakthroughs in science and technology, innovation, and digital transformation within the territory in accordance with the law;
c) Issue resolutions on issues within the tasks and powers of the People's Council at the same level; abolish, amend, supplement, or replace documents issued by itself when deemed no longer appropriate or contrary to the law;
d) Suspend the implementation, abolish part or all of the documents issued by the People's Committee, the Chairman of the People's Committee at the same level that are contrary to the law.
2. In the field of organizational structure and government construction:
a) Decide on the establishment, reorganization, renaming, dissolution of specialized agencies, administrative organizations under the People's Committee at the same level in accordance with the law;
b) Based on the indicators assigned by the provincial-level local administration, decide specifically on the staffing of cadres and civil servants in the agencies of the local administration at the same level, the number of people working and receiving salaries from the state budget in public service units under its management within the territory;
c) Examine and give opinions on the establishment, dissolution, merger, division, boundary adjustment, and renaming of administrative units at the same level;
d) Decide on the establishment, reorganization, dissolution, naming, renaming of villages in accordance with the law; specifically decide on the number of non-professional staff receiving allowances from the state budget within the territory according to the provincial-level local administration;
đ) Issue the Working Regulations of the People's Council, the Standing Body 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 the same level.
e) Electing, appointing, and dismissing the Chairman, Vice Chairmen of the People's Council, Heads of Committees of the People's Council at their own level, the Chairman, Vice Chairmen, and Members of the People's Committee at the same level;
g) Dismissing representatives of the People's Council and approving the termination of the duties of representatives of the People's Council at their own level according to the provisions of the law;
3. In the field of planning, investment, finance, budget, linkage, and cooperation between administrative units at the commune level:
a) Deciding on the five-year and annual socio-economic development plans of their own level, plans for the development of various sectors and fields, detailed construction infrastructure and transportation planning within their territory ensuring consistency with the provincial-level local government's planning and overall planning of their own level which have been approved by the competent authority;
b) Deciding on the state budget revenue forecast within their territory; the local budget revenue and expenditure forecast and allocation of their own budget forecast; adjusting their own budget forecast when necessary; approving the final accounts of their own budget and other contents according to the State Budget Law;
c) Deciding on the policy direction for public investment programs and projects within their territory according to the Public Investment Law; deciding on measures to mobilize the contributions of the people to invest in building infrastructure, transportation, public works, and welfare within their territory according to the law;
d) Deciding on measures to promote linkage and cooperation between administrative units at the commune level;
đ) Deciding on programs and measures to support the development of household economy, production and business establishments within their territory according to the law;
4. In the field of science, technology, information, innovation, and digital transformation:
a) Deciding on measures, programs, and projects regarding the development of science, technology, information, innovation, and digital transformation within their territory;
b) Deciding on measures to build digital local administration, digital economy, and digital society within their territory; measures to promote the application of technology, information, and digital transformation in the activities of the local administration at their own level and in providing public services to residents and businesses within their territory according to the law;
5. In the field of land, natural resources, environment, agriculture, forestry, fisheries, industry, trade, services, tourism, construction, and transportation:
a) Approving the land use planning and plan of their own level before submitting it to the Provincial People's Committee for approval;
b) Deciding on measures to manage and use land, water resources, forests efficiently, protect the environment within their territory according to the planning, plan, and laws; measures to implement disaster prevention and control tasks, disease prevention within their territory;
c) Deciding on measures to develop agriculture, rural areas, forestry, fisheries, industry, trade, services, tourism, construction, and transportation; measures to implement the national target program for new rural area construction within their territory;
6. In the field of education, health, culture, social affairs, physical education, and sports:
a) Deciding on measures to develop preschool, primary, and secondary education; initial healthcare for the people; cultural, social, physical education, and sports development within their territory according to the law;
b) Deciding on measures to implement social security policies, sustainable poverty reduction, employment solutions, protection and care for children, the elderly, persons with disabilities, and other policy beneficiaries within their territory according to the law;
7. In the field of defense, security, ethnic groups, and religions:
a) Deciding on measures to ensure the implementation of defense and security tasks, maintaining social order and safety; building self-defense forces within their territory according to the law;
b) Deciding on measures to implement ethnic and religious policies; preserving and promoting the cultural identity of ethnic minorities and religious followers within their territory according to the law;
8. Supervising compliance with 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 Standing Committee of the People's Council, Committees of the People's Council at their own level, the People's Committee at the same level, and other agencies in the locality;
9. Performing tasks and powers delegated and other tasks and powers as prescribed by law;
Article 22. Tasks and Powers of the Commune People's Committee
1. Drafting and submitting to the People's Council at the same level for consideration and issuance of resolutions to perform the tasks and powers stipulated in points a and b Clause 1, points a, b, c, and d Clause 2, Clauses 3, 4, 5, 6, and 7 of Article 21 of this Law, and organizing the implementation of resolutions of the People's Council at the same level;
2. Organizing the enforcement of the Constitution, laws, documents from higher-level state agencies, and resolutions of the People's Council at the same level within their territory; ensuring material conditions, human resources, and other necessary resources to enforce the Constitution and laws within their territory;
3. Implementing administrative state management within their territory, ensuring a unified, smooth, continuous, effective, democratic, rule-of-law, professional, modern governance, clean, transparent, public service-oriented administration, and subject to supervision by the people;
4. Deciding on the allocation of budgets for undetailed expenditures; deciding on adjustments to their own budget and other contents according to the State Budget Law;
5. Prescribing the tasks and powers of specialized agencies and other administrative organizations under the People's Committee at their own level; deciding on the establishment, restructuring, name change, dissolution, organizational structure, tasks, and powers of public service units under the People's Committee at their own level according to the law;
6. Managing the staffing of civil servants in administrative agencies of the local government at their own level, the number of personnel working with state budget salaries in public service units under their management; implementing management of the organization and activities of forces participating in security and order maintenance at the grassroots level, non-professional workers within their territory according to the law and the delegation of higher-level state agencies.
7. Decide on detailed plans within their jurisdiction; implement cooperation and collaboration between administrative units at the commune level as prescribed by law.
8. Issue the Operating Regulations of the People's Committee at their own level.
9. Issue decisions and other administrative documents concerning matters within their duties and powers; revoke, amend, supplement, or replace documents issued by themselves when they consider them no longer appropriate or contrary to the law.
10. Perform tasks and exercise powers delegated to them and other tasks and powers as prescribed by law.
Article 23. Duties and Powers of the Chairman of the Commune People's Committee
1. Lead and direct the work of the People's Committee; convene and chair sessions of the People's Committee.
2. Lead and direct the implementation of tasks to enforce the Constitution, laws, and documents from higher state agencies and the People's Council and People's Committee at their own level; inspect and handle violations during the implementation of the Constitution and laws within their jurisdiction.
3. Lead and be responsible for the operation of the state administrative apparatus, ensuring unity and smoothness in the administrative system; for the implementation of administrative reform, civil service reform, and public servant reform in administrative state agencies within their jurisdiction; effectively apply information technology and digital transformation in local government operations, in handling administrative procedures, and in providing public services according to the law.
4. Lead, direct, urge, and inspect the work of specialized agencies and other administrative organizations under the People's Committee at their own level.
5. Direct and be responsible for organizing the implementation of the local budget plan; manage and use investment capital, finance, budget funds, state assets, and infrastructure effectively according to the law and the delegation of the provincial People's Committee.
6. Direct and organize the implementation of tasks for economic and social development, industry development, private sector development, science and technology development, innovation, and digital transformation within their jurisdiction; organize the implementation of state management in various fields such as economy, land, agriculture, rural areas, natural resources, environment, trade, services, industry, construction, transportation, education, health, lawmaking, administrative justice, judicial support, internal affairs, labor, information, culture, society, tourism, sports, and physical education according to the law.
7. Direct and organize the implementation of tasks related to foreign relations, national defense, security, public order, and social safety within their jurisdiction according to the law; protect the property of agencies and organizations, ensure the lives, health, freedom, dignity, personality, property, and other legitimate rights and interests of citizens, guarantee human rights; prevent and combat crime and other illegal acts according to the law.
8. Direct and organize the implementation of policies on ethnic groups and religions; preserve and promote the cultural identity of ethnic minorities and religious followers within their jurisdiction according to the law.
9. Direct and be responsible for organizing the implementation of approved planning types within their jurisdiction; manage markets, commercial centers, tourist sites, kindergartens, primary schools, junior high schools, healthcare facilities, welfare facilities under their authority; maintain local cultural traditions, manage cultural, sports, and entertainment facilities within their jurisdiction according to the law.
10. Direct and organize the implementation of personnel recruitment, utilization, and management of civil servants and public officials within their jurisdiction according to the law and the delegation of higher state agencies; decide on the appointment, dismissal, transfer, and removal of heads and deputy heads of specialized agencies, administrative organizations, and public institutions under the People's Committee at their own level; decide on temporary suspension of work for Deputy Chairmen of the People's Committee at their own level, heads of specialized agencies, administrative organizations, and public institutions under the People's Committee at their own level.
11. Direct and promptly address emergency situations related to natural disasters, epidemics, and disasters within their jurisdiction.
12. Be responsible for providing essential public services within their jurisdiction regarding lighting, water supply, wastewater treatment, waste disposal, environmental sanitation, fire prevention, and extinguishing according to the law.
13. Organize the implementation of citizen reception work, complaints and grievances resolution, anti-corruption, thrift, and elimination of negative practices in local government activities and economic and social activities within their jurisdiction according to the law.
14. Guide and inspect the self-management activities of villages within their jurisdiction according to the law.
15. Issue decisions and other administrative documents concerning matters within their duties and powers; revoke, amend, supplement, or replace documents issued by themselves when they consider them no longer appropriate or contrary to the law.
16. Represent the People's Committee at their own level to decide on matters within the People's Committee's jurisdiction, except for the contents stipulated in Clause 2, Article 40 of this Law, and report to the People's Committee at the next session.
17. Perform tasks and exercise powers delegated to them and other tasks and powers as prescribed by law.
Section 4
DUTIES AND POWERS OF LOCAL GOVERNMENTS AT WARD LEVEL
Article 24. Duties and Powers of the Ward People's Council
The Ward People's Council performs the duties and powers prescribed in Clause 1, Points a, b, c, d, e, and g of Clause 2, Clauses 3, 4, 5, 6, 7, 8, and 9 of Article 21 of this Law, and the following duties and powers:
1. Decide on measures to implement urban planning, technical infrastructure, and social infrastructure development within their jurisdiction according to the law, ensuring consistency with urban development directions and the overall planning of the provincial local government.
2. Decide on measures to encourage urban economic development, trade, services, finance, high technology, innovation, and creativity suitable to the characteristics of the city according to the law.
3. Decision to establish, reorganize, dissolve, name, rename residential wards; decide specifically on the number of non-professional staff receiving allowances from the state budget within the jurisdiction according to the regulations of the provincial local authority.
Article 25. Duties and powers of the People's Committee of a Ward
The People's Committee of a Ward shall perform the duties and powers stipulated in Article 22 of this Law and the following duties and powers:
1. Drafting and submitting to the same-level People's Council for consideration and promulgation of resolutions to implement the duties and powers specified in Clauses 1, 2, and 3 of Article 24 of this Law, and organizing the implementation of resolutions of the same-level People's Council;
2. Implementing cooperation and collaboration in economic development, urban infrastructure, transportation, environment with local authorities of neighboring wards according to the classification and regulations of the provincial People's Committee and laws, ensuring synchronous, interconnected, unified, and harmonious development among urban areas within the jurisdiction;
3. Implementing fees and charges within the jurisdiction according to the law and the classification of the provincial local authority;
4. Organizing the implementation of policies encouraging urban economic development, trade, services, finance, scientific and technological development, innovation, digital transformation in accordance with the characteristics of the city as prescribed by law;
5. Organizing the implementation of programs for urban renovation, beautification, and development according to the law and the classification of the provincial People's Committee;
Article 26. Duties and powers of the Chairman of the People's Committee of a Ward
The Chairman of the People's Committee of a Ward shall perform the duties and powers stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 17 of Article 23 of this Law and the following duties and powers:
1. Directing and organizing the implementation of urban planning, programs, and plans for urban development, ensuring synchronous, interconnected, unified, and harmonious development among urban areas within the jurisdiction; the use of urban land funds for the construction of urban infrastructure projects according to the classification and the provisions of the law;
2. Directing and organizing the implementation of measures to protect the urban environment, manage waste, wastewater, control environmental pollution, protect green spaces, and urban ecosystems according to the law;
3. Directing and being responsible for managing, maintaining, and repairing urban infrastructure; inspecting compliance with laws regarding the construction of housing and buildings in urban areas according to the law;
4. Directing and organizing the implementation of measures to ensure security, public order, crime prevention, traffic safety, traffic congestion prevention, fire and explosion prevention, and safe living environments for urban residents according to the law;
5. Directing and organizing the implementation of urban population management, social evil prevention in urban areas according to the law;
6. Performing the duty of managing, protecting urban space, architecture, and landscape;
7. Guiding and inspecting the self-management activities of residential wards within the jurisdiction according to the law;
Section 5
DUTIES AND POWERS OF LOCAL AUTHORITIES IN SPECIAL ZONES
Article 27. Duties and powers of local authorities in special zones
1. Local authorities in special zones shall perform the corresponding duties and powers of local authorities in communes as stipulated in Section 3 of this Chapter.
In cases where special zones are recognized as cities under the law, local authorities in special zones shall perform the corresponding duties and powers of local authorities in wards as stipulated in Section 4 of this Chapter.
2. Regulations specifying specific duties and powers for local authorities in special zones in other normative 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, to firmly safeguard national independence, sovereignty, territorial integrity, and maritime and island development, leveraging economic advantages, promoting international economic integration, attracting residents, and protecting and developing maritime and island areas.
3. Based on the scope and authority granted, the Provincial People's Council, People's Committee, and Chairman of the Provincial People's Committee shall be responsible for promoting the delegation of their duties and powers to local authorities in special zones to implement in maritime areas.
4. Based on the requirements for socio-economic development, national defense, and security, and the capacity of local authorities in each special zone, local authorities at the provincial level shall submit to the Government for submission to the National Assembly for consideration and decision on special mechanisms and policies for local authorities in each special zone to promote socio-economic development, national defense, and security.
Article 28. Organization and operation of local authorities in special zones in special cases
1. In special zones with a permanent population of less than 1,000 people, there shall be no establishment of local government levels, the Special Zone People's Committee shall be the administrative agency of the State, established by the decision of the Provincial People's Committee, performing the role of local authority in that special zone.
2. The duties, powers, organization, and operations of the People's Committee, Chairman of the People's Committee, specialized agencies, and other administrative organizations under the Special Zone People's Committee as stipulated in Clause 1 of this Article shall be regulated by the Government in accordance with the principles of this Law.
Chapter V
ORGANIZATION AND OPERATIONS OF LOCAL AUTHORITIES
Section 1
ORGANIZATION AND OPERATIONS OF THE PEOPLE'S COUNCIL
Article 29. Structure of the People's Council
1. The structure of the People's Council includes the Standing Body of the People's Council, Committees of the People's Council, Delegation Groups of the People's Council, and People's Council representatives.
2. The Standing Body of the People's Council is the permanent body of the People's Council, performing duties and powers as prescribed by this Law, tasks assigned by the People's Council, and other relevant legal provisions; it is accountable and reports its work to the People's Council.
The Standing Committee of the People's Council consists of the Chairman of the People's Council, Vice Chairmen of the People's Council, and members who are Heads of Committees of the People's Council. Members of the Standing Committee of the People's Council cannot concurrently be members of the People's Committee at the same level.
The Chairman of the People's Council, Vice Chairmen of the People's Council at provincial and commune levels may be full-time representatives of the People's Council.
3. The Committees of the People's Council are organs of the People's Council, tasked with examining draft resolutions, reports, and projects before they are submitted to the People's Council; supervising and making recommendations on issues within the scope of their respective Committees; being accountable and reporting their work to the People's Council. The number and structure of the Committees of the People's Council shall be as follows:
a) The People's Council at the provincial level establishes the Legal Affairs Committee, the Economic and Budget Committee, and the Culture and Social Committee.
The People's Council at the city level establishes the Legal Affairs Committee, the Economic and Budget Committee, the Culture and Social Committee, and the Urban Committee.
The People's Council at the commune level establishes the Economic and Budget Committee and the Culture and Social Committee.
The People's Council at the provincial or city level with many ethnic minority populations shall establish the Ethnic Minority Committee.
b) Each Committee of the People's Council consists of a Head, a Deputy Head, and members.
c) The Heads and Deputy Heads of Committees of the People's Council at provincial and commune levels may be full-time representatives of the People's Council. The Heads and Deputy Heads of Committees of the People's Council cannot concurrently hold the position of head of a specialized agency under the People's Committee at the same level.
d) Members of Committees of the People's Council at the provincial level may be full-time representatives of the People's Council.
4. Deputies of the People's Council elected from one or more constituencies form a Group of Deputies of the People's Council. The number of Groups of Deputies of the People's Council is determined by the Standing Committee of the People's Council at the same level.
5. The term of office of deputies of the People's Council coincides with the term of office of the People's Council. A deputy of the People's Council elected to fill a vacancy begins serving as a deputy from the opening day of the next 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 coincides with 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 Standing Committee of the National Assembly shall stipulate the criteria and conditions for establishing the Ethnic Minority Committee of the People's Council at the provincial level; the number of Vice Chairmen of the People's Council and Deputy Heads of Committees of the People's Council at the provincial and commune levels; and the arrangement of full-time representatives of the People's Council at the provincial and commune levels.
Article 30. Number of Deputies of the People's Council
1. Determining the number of deputies of the People's Council at the provincial level shall be carried out according to the following principles:
a) A province with up to 1,000,000 inhabitants shall elect 50 deputies; for every additional 70,000 inhabitants over 1,000,000, one additional deputy shall be elected, but the total number shall not exceed 85 deputies.
b) A city with up to 1,200,000 inhabitants shall elect 50 deputies; for every additional 75,000 inhabitants over 1,200,000, one additional deputy shall be elected, but the total number shall not exceed 85 deputies.
c) Hanoi City and Ho Chi Minh City shall each elect 125 deputies.
2. Determining the number of deputies of the People's Council at the commune level shall be carried out according to the following principles:
a) A commune in mountainous or island areas with up to 5,000 inhabitants shall elect 15 deputies; for every additional 1,000 inhabitants between 5,000 and 10,000, one additional deputy shall be elected; for every additional 3,000 inhabitants over 10,000, one additional deputy shall be elected, but the total number shall not exceed 30 deputies.
b) A commune not falling under the provisions of point a of this clause with up to 10,000 inhabitants shall elect 15 deputies; for every additional 2,000 inhabitants between 10,000 and 20,000, one additional deputy shall be elected; for every additional 6,000 inhabitants over 20,000, one additional deputy shall be elected, but the total number shall not exceed 30 deputies.
c) A ward belonging to a province with up to 10,000 inhabitants shall elect 15 deputies; for every additional 2,000 inhabitants between 10,000 and 20,000, one additional deputy shall be elected; for every additional 6,000 inhabitants over 20,000, one additional deputy shall be elected, but the total number shall not exceed 30 deputies.
d) A ward belonging to a city with up to 15,000 inhabitants shall elect 15 deputies; for every additional 6,000 inhabitants between 15,000 and 45,000, one additional deputy shall be elected; for every additional 7,000 inhabitants over 45,000, one additional deputy shall be elected, but the total number shall not exceed 30 deputies.
đ) A special economic zone with up to 5,000 inhabitants shall elect 15 deputies; for every additional 1,000 inhabitants between 5,000 and 10,000, one additional deputy shall be elected; for every additional 3,000 inhabitants over 10,000, one additional deputy shall be elected, but the total number shall not exceed 30 deputies.
Article 31. Duties and Powers of the Standing Committee of the People's Council
1. Discussing and deciding on matters within its jurisdiction as prescribed by law and tasks assigned by the People's Council at the same level.
2. Convening sessions of the People's Council; coordinating with the People's Committee in preparing sessions of the People's Council.
3. Urging and supervising the People's Committee and other agencies at the local level in implementing resolutions of the People's Council.
4. Supervising the implementation of the Constitution and laws at the local level.
5. Directing, coordinating, and coordinating the activities of the Committees of the People's Council; reviewing 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 deputies of the People's Council; compiling questions and proposals of deputies 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 Committee of the People's Council during meetings of the Standing Committee of the People's Council.
6. Organizing for deputies of the People's Council to meet citizens as prescribed by law; urging, supervising, and reviewing the situation of handling petitions, complaints, and denunciations by citizens; compiling opinions, proposals, and suggestions of the people to report at the session of the People's Council.
7. Decide on the number of members of each Committee of the People's Council at their own level. Approve the list and the resignation of Deputy Chairpersons and Members of Committees of the People's Council from among the representatives of the People's Council upon the proposal of the Chairperson of the People's Council.
8. Approve the results of the election, appointment, and removal of the Chairperson and Vice-Chairperson of the People's Council at the lower level; during the period when the People's Council does not convene, approve the cessation of duties for those who have been elected by the People's Council at their own level due to health reasons or other reasons that prevent them from continuing their tasks, and approve the cessation of duties for the Chairperson of Committees and Members of the People's Council at the same level due to job transfer according to the decision of the competent authority as stipulated in Clause 2, Article 37 of this Law.
9. Establish Delegations, determine the number of representatives of the People's Council in the Delegation, assign the Delegate Leaders and Deputy Leaders of the Delegation of the People's Council; decide on the transfer of activities of representatives of the People's Council to the Delegation of the People's Council.
10. Decide on the presentation of representatives of the People's Council to the People's Council or to voters for recall.
11. Report on the activities of the People's Council at the same level to the People's Council and the People's Committee at the higher level; the Standing Body of the Provincial People's Council reports on the activities of the People's Council at their own level to the Standing Committee of the National Assembly and the Government.
12. Maintain contact and coordinate work with the Standing Committee of the Vietnam Fatherland Front Committee at the same level; report twice a year to the Vietnam Fatherland Front Committee at the same level on the activities of the People's Council.
13. Issue resolutions and other administrative documents on matters within their duties and powers; revoke, amend, supplement, or replace documents issued by themselves when they consider them no longer appropriate or contrary to the law.
14. During the period when the People's Council does not convene, the Standing Body of the People's Council may decide on the following contents and report to the People's Council at the nearest session:
a) Measures to resolve urgent and emergency matters in disaster prevention and control, disease prevention and control, ensuring national defense, security, social order, and safety in the locality;
b) The Standing Body of the Provincial People's Council may decide on the budget expenditure regime for certain urgent and critical tasks according to the directives of the competent authority, in accordance with the actual situation and the budget balance capacity of the locality;
c) Other contents as prescribed by law.
Article 32. Duties and Powers of the Chairperson, Vice-Chairperson, and Other Members of the Standing Body of the People's Council
1. The Chairperson of the People's Council has the following duties and powers:
a) Preside over sessions of the People's Council, ensuring the implementation of regulations on the activities of representatives of the People's Council and regulations on sessions of the People's Council;
b) Lead the work of the Standing Body of the People's Council; direct the preparation of draft agendas, convening, and presiding over sessions of the Standing Body of the People's Council;
c) Represent the Standing Body of the People's Council to maintain contact with the People's Committee, state agencies, the Standing Committee of the Vietnam Fatherland Front Committee, member organizations of the Front at the same level, other social organizations, and the people;
d) Decide on temporarily suspending the work of Vice-Chairpersons of the People's Council, Chairpersons and Deputy Chairpersons of Committees of the People's Council at the same level, and Chairpersons of the People's Council at the lower level in cases as prescribed by the competent authority.
2. The Vice-Chairperson of the People's Council assists the Chairperson of the People's Council in performing duties and exercising powers according to the assignment of the Chairperson of the People's Council and is individually responsible before the Chairperson of the People's Council; is collectively responsible for the performance of duties and exercise of powers of the Standing Body of the People's Council; participate in sessions of the Standing Body of the People's Council, discuss and decide on matters within the duties and powers of the Standing Body of the People's Council.
3. Other members of the Standing Body of the People's Council are collectively responsible for the performance of duties and exercise of powers of the Standing Body of the People's Council; are individually responsible before the Standing Body of the People's Council for the performance of duties and exercise of powers assigned by the Standing Body of the People's Council; participate in sessions of the Standing Body of the People's Council, discuss and decide on matters within the duties and powers of the Standing Body of the People's Council.
4. In the term of office, if there is a vacancy in the position of Chairperson of the People's Council, the Standing Body of the People's Council at the same level assigns one Vice-Chairperson of the People's Council to manage the activities of the People's Council and the Standing Body of the People's Council until the People's Council elects a new Chairperson of the People's Council.
In case both the Chairperson and Vice-Chairperson of the People's Council at the commune level are vacant, the Standing Body of the Provincial People's Council designates a representative of the People's Council at the commune level to manage the activities of the People's Council and the Standing Body of the People's Council until the People's Council elects a new Chairperson of the People's Council. For the case where both the Chairperson and Vice-Chairperson of the People's Council at the provincial level are vacant, the Standing Committee of the National Assembly designates a representative of the People's Council at the provincial level to manage the activities of the People's Council and the Standing Body of the People's Council until the People's Council elects a new Chairperson of the People's Council.
In case the Chairperson of the People's Council at the commune level is disciplined and falls under the circumstances requiring dismissal or removal, the Standing Body of the Provincial People's Council decides on assigning the Vice-Chairperson of the People's Council at the commune level to perform the duties and powers of the Chairperson of the People's Council until a new Chairperson of the People's Council is elected; if it is the Chairperson of the People's Council at the provincial level, then the Standing Committee of the National Assembly makes the decision. In case both the Vice-Chairperson of the People's Council is also disciplined, designate a representative of the People's Council at that level to manage the activities of the People's Council and the Standing Body of the People's Council.
The Deputy Chairperson of the People's Council, who is designated to manage the operation of the People's Council, shall perform the tasks and powers of the Chairperson of the People's Council as prescribed in this Law and other relevant laws.
5. The Chairperson of the People's Council signs to certify the Resolution of the People's Council. In case the Chairperson of the People's Council is absent, the Presiding Officer of the People's Council session or the Deputy Chairperson of the People's Council, who is designated to manage the operation of the People's Council as stipulated in Clause 4 of this Article, shall sign to certify the Resolution of the People's Council.
Article 33. Tasks and Powers of People's Council Deputies
1. People's Council Deputies are equal in discussing and deciding issues within the tasks and powers of the People's Council.
2. People's Council Deputies have the responsibility to fully attend all sessions and meetings of the People's Council, participate in discussions and voting on issues within the tasks and powers of the People's Council; in case they cannot attend a session or meeting, they must provide reasons and report in advance to the Presiding Officer of the session or meeting. If a People's Council Deputy does not 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 closely connect with voters in their constituency, be subject to voter supervision, frequently meet with voters, understand the thoughts and aspirations of voters; collect and truthfully reflect the opinions, aspirations, and petitions of voters to the People's Council, related agencies, and organizations; protect the rights and legitimate interests of voters; disseminate and mobilize the people to implement the Constitution and laws.
4. People's Council Deputies carry out citizen reception work; 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 propose policy initiatives at the local level; the right to petition the People's Council to vote on confidence in persons holding positions elected by the People's Council as stipulated in Clause 1 and Clause 2 of Article 36 of this Law; the right to organize specialized sessions, closed sessions, or sessions to address urgent matters, and to petition about other issues deemed necessary by the Deputy.
6. People's Council Deputies have the right to nominate themselves or introduce candidates for positions elected by the People's Council as stipulated in Clause 1 and Clause 2 of Article 36 of this Law. A person introduced as a candidate has the right to withdraw from the list of candidates.
7. People's Council Deputies have the right to question the Chairman of the People's Committee, other members of the People's Committee, heads of agencies under the same-level People's Committee, Chief Justice of the People's Court, and Procurator of the People's Procuracy at the same level.
8. When discovering acts of law violation causing damage to the interests of the State, the rights and legitimate interests of organizations and individuals, People's Council Deputies have the right to request competent agencies and organizations to take necessary measures to promptly stop such acts of law violation.
9. When performing tasks and exercising powers, People's Council Deputies have the right to request agencies, organizations, and individuals to provide information and documents related to the tasks and powers of those agencies, organizations, and individuals.
10. It is not allowed to arrest, detain, or initiate prosecution against People's Council Deputies, search their residences and workplaces without the consent of the People's Council or the Standing Body of the People's Council during periods when the People's Council is not in session. In cases where a People's Council Deputy is temporarily detained due to being caught committing a crime, the detention agency must immediately report to the People's Council or the Standing Body of the People's Council for examination and decision.
Article 34. Sessions of the People's Council
1. The first session of the new term of the People's Council shall be held no later than 45 days from the date of election of People's Council Deputies; for areas with re-elections, additional elections, or postponed elections, the deadline for convening the first session shall be calculated from the date of re-election, additional election, or new election date.
2. The People's Council holds at least two 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 the term and at the last session of the previous year for subsequent years of the term upon the proposal of the Standing Body of the People's Council.
3. The People's Council convenes a specialized session or a session 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.
4. Voters at the commune level have the right to submit a petition requesting the commune-level People's Council to convene a session to discuss and decide on commune-level matters. When the petition bears signatures of more than 10% of the total number of voters in the commune, 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 the voters. A voter's petition is considered valid if it is accompanied by full signatures, names, dates of birth, and addresses of each signer. Those signing the petition may appoint one representative to attend the People's Council session to discuss the content proposed by the voters.
5. The People's Council convenes its sessions openly. 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 the request of at least one-third of the total number of People's Council Deputies, the People's Council decides to convene a closed session.
Article 35. Voting by the People's Council
1. The People's Council decides on issues within its tasks and powers through voting. Voting can be conducted directly, online, or by other appropriate methods according to the Rules of Procedure of the People's Council.
Article 2. A resolution of the People's Council shall be adopted when more than half of the total number of People's Council delegates vote in favor; however, a resolution concerning the removal of a People's Council delegate shall be adopted when at least two-thirds of the total number of People's Council delegates vote in favor.
Article 36. Election of positions in the People's Council and People's Committee
1. The People's Council shall elect the Chairman of the People's Council, Vice Chairmen of the People's Council, and Heads of Committees of the People's Council from among the People's Council delegates according to 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 shall elect the Chairman of the People's Council, Vice Chairmen of the People's Council, and Heads of Committees of the People's Council from among the People's Council delegates based on the proposal of the Standing Committee of the previous term of the People's Council.
In case the Standing Committee of the provincial People's Council is vacant, the National Assembly Standing Committee shall designate the chairperson of the session of the provincial People's Council; in case the Standing Committee of the commune People's Council is vacant, the Standing Committee of the provincial People's Council shall designate the chairperson of the session of the commune People's Council; the People's Council shall elect the Chairman of the People's Council, Vice Chairmen of the People's Council, and Heads of Committees of the People's Council from among the People's Council delegates according to the introduction of the chairperson of the session.
2. The People's Council shall elect the Chairman of the People's Committee based on the recommendation of the Chairman of the People's Council; elect the Vice Chairmen of the People's Committee and members of the People's Committee based on the recommendation of the Chairman of the People's Committee. Members of the People's Committee do not necessarily have to be delegates of the People's Council.
3. The results of the election of the Chairman of the People's Council and Vice Chairmen of the provincial People's Council must be approved by the National Assembly Standing Committee; the results of the election of the Chairman of the People's Council and Vice Chairmen of the commune People's Council must be approved by the Standing Committee of the provincial People's Council.
4. The results of the election of the Chairman of the People's Committee and Vice Chairmen of the provincial People's Committee must be approved by the Prime Minister; the results of the election of the Chairman of the People's Committee and Vice Chairmen of the commune People's Committee must be approved by the Chairman of the provincial People's Committee.
5. When the People's Council conducts elections for the positions specified in Clause 1 and Clause 2 of this Article, if there are People's Council delegates who nominate themselves or introduce additional nominees outside the list already introduced by the competent authority or person with authority, the Standing Committee of the People's Council shall submit 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 to the People's Council for consideration and decision.
6. Persons holding the positions specified in Clause 1 and Clause 2 of this Article shall immediately assume their duties and powers after being elected by the People's Council.
7. Within five working days from the date of the election of the Chairman of the People's Council, Vice Chairmen 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 authority for approval 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 authority must review and approve; in case of non-approval, they must reply in writing, stating the reasons and requesting the People's Council to organize a re-election for the position that was not approved.
Article 37. Voting of confidence, voting of no confidence, resignation, dismissal, and removal from office of persons elected by the People's Council
1. The People's Council shall implement the process of voting of confidence and voting of no confidence for persons elected by the People's Council according to the regulations of the National Assembly.
2. If a person elected by the People's Council cannot continue to perform their duties due to health reasons or other reasons, they may request to resign or resign. The person requesting to resign or resign must submit a letter and send it to the competent authority or person with authority who introduced them to the People's Council for election. Based on the opinion of the competent authority regarding the management level of cadres, the competent authority or person with authority who introduced them to the People's Council for election shall report to the People's Council; during the period when the People's Council is not in session, they shall report to the Standing Committee of the same-level People's Council for approval of the resignation or resignation of the person who submitted a request to resign or resign.
The Head of a Committee of the People's Council or member of the People's Committee who transfers to another job according to the decision of the competent authority shall have the Chairman of the People's Council or Chairman of the People's Committee within their scope and authority report to the People's Council; during the period when the People's Council is not in session, they shall report to the Standing Committee of the same-level People's Council for examination and approval of the resignation of the Head of a Committee of the People's Council or member of the People's Committee.
The Standing Committee of the People's Council shall report to the People's Council at the nearest session for cases of resignation or resignation as stipulated in this clause.
3. The People's Council shall dismiss or remove from office the Chairman of the People's Council, Vice Chairmen of the People's Council, and Heads of Committees of the People's Council at the same level according to the proposal of the Standing Committee of the People's Council, except for the cases stipulated in Clause 2 and Clause 6 of this Article.
4. The People's Council shall dismiss or remove from office the Chairman of the People's Committee at the same level according to the proposal of the Chairman of the People's Council; dismiss or remove from office the Vice Chairmen of the People's Committee and members of the People's Committee at the same level according to the proposal of the Chairman of the People's Committee, except for the cases stipulated in Clause 2, Clause 6 of this Article and Clause 4 of Article 41 of this Law.
5. The results of the People's Council dismissing or removing from office the Chairman of the People's Council, Vice Chairmen of the People's Council, Chairman of the People's Committee, and Vice Chairmen of the People's Committee must be approved by the competent authority or person with authority stipulated in Clause 3 and Clause 4 of Article 36 of this Law.
6. In case the person elected by the People's Council is decided by the competent authority to retire or has passed away, there is no need to carry out the removal procedure at the People's Council. The Standing Committee of the People's Council reports to the People's Council at the nearest session regarding the situation where the removal procedure stipulated in this clause is not carried out.
Article 38. Suspension, termination of duties as a representative, dismissal, and loss of representative status in the People's Council
1. The Standing Committee of the People's Council decides to temporarily suspend the performance of duties and powers of representatives in the People's Council in the following cases:
a) The representative of the People's Council is indicted;
b) During the process of examining and handling violations by representatives of the People's Council, there is a basis to determine that disciplinary action from a warning or higher must be taken against representatives who are officials, civil servants, or public employees, or criminal proceedings must be initiated according to the criminal law, and the supervisory, inspection, audit, investigation, prosecution, trial, and enforcement agencies have issued a request for the temporary suspension of the performance of duties and powers of the representative of the People's Council.
2. Representatives of the People's Council continue to perform their duties and powers as representatives and restore 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 representative, or from the date the court's judgment or decision becomes legally effective, declaring the representative innocent or exempting them from criminal responsibility.
In the case where representatives of the People's Council are subject to disciplinary action, they may voluntarily resign from their duties as representatives or the Standing Committee of the People's Council may consider and decide on whether to allow them to continue performing their duties and powers as representatives or propose the People's Council to dismiss the representative 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 duties as a representative of the People's Council in the following cases:
a) The representative of the People's Council no longer works at the agency, organization, enterprise in the administrative unit where they are a representative and does not reside in the administrative unit where they are a representative;
b) At the request of the representative of the People's Council due to health reasons or other reasons.
4. The decision of the Standing Committee of the People's Council to temporarily suspend the performance of duties and powers of representatives of the People's Council and to approve the termination of duties as representatives 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. If representatives of the People's Council fail to meet the standards of representatives of the People's Council and are no longer worthy of the trust of the people, they will be dismissed by the People's Council or voters.
The Standing Committee of the People's Council decides to bring the dismissal of representatives 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 representatives of the People's Council.
In the case where the People's Council dismisses representatives of the People's Council, the dismissal must be approved by at least two-thirds of the total number of representatives of the People's Council.
The procedure for voters to dismiss representatives of the People's Council is implemented according to the regulations of the National Assembly Standing Committee.
6. Representatives of the People's Council who are convicted by a court judgment or decision lose their representative status in the People's Council from the date the court's judgment or decision becomes legally effective.
7. Representatives of the People's Council who have terminated their duties as representatives, been relieved of their positions, dismissed, or lost their representative status 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 ACTIVITIES OF THE PEOPLE'S COMMITTEE
Article 39. Organizational Structure of the People's Committee
1. The People's Committee consists of the Chairman, Vice Chairmen, and Members.
2. The People's Committee at the provincial level organizes specialized agencies and other administrative organizations to provide advice and assist the People's Committee at their own level in managing state administration in sectors and fields in the locality and to perform tasks and powers according to the delegation and authorization of the People's Committee, the Chairman of the People's Committee at their own level, and the superior state agencies.
3. Based on criteria such as population size, natural area, economic and social development conditions, and special factors of each type of rural, urban, and island commune-level administrative units, the People's Committee at the commune level can organize specialized agencies and other administrative organizations or arrange specialized civil servants to provide advice and assist the People's Committee at the commune level in managing state administration in sectors and fields as prescribed by the Government.
4. The Government prescribes the framework for the number of Vice Chairmen of the People's Committee; the number and structure of members of the People's Committee; the framework for the number of specialized agencies and other administrative organizations under the People's Committee at the provincial and commune levels or the arrangement of specialized civil servants under the People's Committee at the commune level to provide advice and assist the People's Committee at the commune level in managing state administration in sectors and fields; the procedures and formalities for requesting approval of the results of the People's Council election, relief, and dismissal of the Chairman and Vice Chairmen of the People's Committee; the procedures and formalities for transferring, dismissing the Chairman and Vice Chairmen of the People's Committee, and delegating the power of the Chairman of the People's Committee.
Article 40. Activities of the People's Committee
1. The People's Committee convenes regular meetings once a month. The People's Committee convenes specialized meetings or meetings to handle urgent matters arising in the following situations:
a) Decided by the Chairman of the People's Committee;
b) Upon the request of the Chairman of the People's Committee at the provincial level for meetings of the People's Committee at the commune level and upon the request of the Prime Minister for meetings of the People's Committee at the provincial level;
c) Upon the request of at least one-third of the total number of members of the People's Committee.
2. The People's Committee discusses collectively and decides on the following contents:
a) Draft resolutions of the People's Council and draft decisions of the People's Committee in accordance with the Law on Legislative Documents.
b) Five-year economic and social development plans and annual plans; public investment plans; state budget estimates and local budget allocation schemes; adjustments to local budget estimates; final accounts of the state budget for reporting to the competent authority as prescribed.
The People's Committee at the provincial level discusses and decides on strategies, mechanisms, policies, types of planning, five-year financial plans, and three-year financial-state budget plans of the province or city for reporting to the competent authority as prescribed; standards, norms, and regulations for budget expenditures assigned by the same-level People's Council;
c) Monthly, quarterly, semi-annual, and annual reports on economic and social conditions, important and urgent issues, and tasks and solutions for directing and managing the implementation of economic and social development plans;
d) The organizational structure of the People's Committee; the establishment, abolition of specialized agencies and administrative organizations under the People's Committee; the establishment, dissolution, merger, division, boundary adjustment, and renaming of administrative units at all levels for reporting to the competent authority as prescribed;
đ) The annual work program of the People's Committee; self-assessment of the People's Committee's leadership and management activities, the Chairman of the People's Committee, and the implementation of the Working Regulations of the People's Committee;
e) Other matters as required by the Chairman of the People's Committee or at least one-third of the total number of members 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 through voting. In case of a tie vote, the decision will follow the opinion of the Chairman of the People's Committee who has voted. Voting may take place during a session of the People's Committee, through ballots collected from members of the People's Committee, or by other appropriate methods according to the Working Regulations of the People's Committee.
4. Deputy Chairmen of the People's Committee perform tasks and powers delegated by the Chairman of the People's Committee in specific fields and areas of work; they are individually responsible before the Chairman of the People's Committee and the law for decisions within their delegated field, area, and scope of authority.
When the Chairman of the People's Committee is absent, one Deputy Chairman of the People's Committee designated by the Chairman of the People's Committee shall represent the Chairman of the People's Committee in leading the work of the People's Committee.
5. Members of the People's Committee carry out specific tasks assigned by the People's Committee and the Chairman of the People's Committee in their respective sectors and fields; participate in resolving common tasks of the collective People's Committee; collectively decide and jointly bear responsibility for matters stipulated in Clause 2 of this Article.
Article 41. Transfer and Removal of the Chairman and Deputy Chairmen of the People's Committee
1. The Prime Minister decides on the transfer of the Chairman and Deputy Chairmen of the People's Committee at the provincial level; the Chairman of the People's Committee at the provincial level decides on the transfer of the Chairman and Deputy Chairmen of the People's Committee at the commune level.
2. The Prime Minister decides on the removal of the Chairman and Deputy Chairmen of the People's Committee at the provincial level; the Chairman of the People's Committee at the provincial level decides on the removal of the Chairman and Deputy Chairmen of the People's Committee at the commune level when the Chairman and Deputy Chairmen of the People's Committee have violated the law or failed to fulfill their assigned responsibilities.
3. The Chairman and Deputy Chairmen of the People's Committee cease to perform their duties from the date the decision on transfer or removal takes effect.
4. The People's Council does not implement procedures for resignation or dismissal in cases stipulated in Clause 1 and Clause 2 of this Article. The Standing Body of the People's Council reports to the People's Council at the nearest session regarding cases where resignation or dismissal procedures are not carried out at the People's Council as prescribed in Clause 1 and Clause 2 of this Article.
Article 42. Delegation of the Chairman of the People's Committee
During the absence of the Chairman of the People's Committee, the Standing Body of the Provincial People's Council submits to the Prime Minister for a decision to delegate the Chairman of the People's Committee at the same level; the Standing Body of the Commune People's Council submits to the Chairman of the Provincial People's Committee for a decision to delegate the Chairman of the People's Committee at the same level. The delegation of the Chairman of the People's Committee ceases to perform duties from the day the People's Council elects a new Chairman of the People's Committee.
Article 43. Dialogue between Local Government at the Commune Level and the People
1. At least once a year or when at least 10% of the total voters of the commune request, or in necessary circumstances, the local government at the commune level organizes a meeting for dialogue with the people through direct, online, or lawful social media platforms as prescribed by law to exchange information about the operation of the local government and issues related to citizens' rights and obligations in the locality. If organizing a direct meeting, if the administrative unit at the commune level is too large in scale, exchanges and dialogues with the people can be organized in clusters of villages or residential wards.
2. The People's Committee at the commune level is responsible for coordinating with the Vietnam Fatherland Front Committee at the same level to organize the dialogue meetings prescribed in Clause 1 of this Article, jointly chaired by representatives of the Standing Body of the People's Council at the same level; invite representatives of the Party Committee at the same level to participate in the dialogue meetings and must announce on mass media about the time, location, content, and method of participating in the dialogue meetings with the people at least seven days before the meeting.
3. The contents and results of the dialogue meetings with the people must be announced to the people through mass media, posted at the headquarters of the local government at the commune level, and sent to the Heads of Villages and Ward Chiefs in the area within ten days from the date of the meeting.
Chapter VI
ORGANIZATION OF LOCAL GOVERNMENT IN CASES OF BOUNDARY CHANGES OF ADMINISTRATIVE UNITS AND OTHER SPECIAL CASES
Article 44. Organization of Local Government when Merging Administrative Units at the Same Level
1. In cases where multiple administrative units merge to form one new administrative unit at the same level, the People's Council representatives of the old administrative units shall be combined to form the People's Council of the new administrative unit and continue their activities until the end of their term.
2. The first session of the People's Council at the new commune-level administrative unit as stipulated in Clause 1 of this Article shall be convened by one convener designated by the Standing Body of the Provincial People's Council from among the representatives of the new commune-level People's Council, and for the new provincial-level administrative unit, the convener shall be designated by the Standing Committee of the National Assembly, to convene and preside over the session until the People's Council elects a Chairman of the new administrative unit's People's Council.
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 the People's Committee according to the provisions of Article 36 of this Law and continue its activities until the new term of the People's Council is elected.
Article 45. Organization of local government when dividing one administrative unit into several administrative units at the same level
1. In cases where one administrative unit is divided into several new administrative units at the same level, the People's Council representatives who were elected or working in the administrative territory belonging to the new administrative unit shall be combined to form the People's Council of that new administrative unit and continue their activities until the end of their term.
2. In cases where the number of representatives of the People's Council at the new administrative unit is greater than or equal to 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 the People's Committee according to the provisions of Article 36 of this Law and continue its activities 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, the provisions of Clause 2 of Article 49 of this Law shall be implemented.
4. The first session of the People's Council at the new commune-level administrative unit as stipulated in this Article shall be convened by one convener designated by the Standing Body of the Provincial People's Council from among the representatives of the new commune-level People's Council, and for the new provincial-level administrative unit, the convener shall be designated by the Standing Committee of the National Assembly, to convene and preside over the session until the People's Council elects a Chairman of the new administrative unit's People's Council.
Article 46. Organization of local government when establishing a new administrative unit based on the existing status of an administrative unit
In cases where a new administrative unit is established based on the natural area and population size of an existing administrative unit, the representatives of the People's Council, the Standing Body of the People's Council, the Committees of the People's Council, the Delegation of the People's Council, the People's Committee, specialized agencies, other administrative organizations, and public service units under the People's Committee of the old administrative unit shall become representatives of the People's Council, the Standing Body of the People's Council, the Committees of the People's Council, the Delegation of the People's Council, the People's Committee, specialized agencies, other administrative organizations, and public service units under the People's Committee of the new administrative unit.
Article 47. Organization of local government when establishing a new administrative unit based on adjusting part of the natural area and population of various administrative units
1. In cases where a new administrative unit is established based on adjusting part of the natural area and population of administrative units at the same level, the People's Council representatives who were elected or working in that administrative territory shall be combined to form the People's Council of the new administrative unit and continue their activities in the new unit until the end of their term.
2. The organization and operation of the local government at the newly established administrative unit shall be carried out according to the provisions of Article 45 of this Law.
3. The People's Council and the People's Committee at the administrative unit whose natural area was adjusted to establish a new administrative unit shall continue their activities 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 48. Activities of People's Council representatives when adjusting administrative boundaries and relocating communities
1. In cases where part of the natural area and population of an administrative unit is adjusted to another administrative unit, the People's Council representatives residing or working in that administrative territory shall become representatives of the equivalent-level People's Council of the receiving administrative unit and continue their activities until the end of their term.
2. In cases where a community is relocated to another administrative unit, the People's Council representatives who move with the community shall become representatives of the equivalent-level People's Council of the receiving administrative unit and continue their activities until the end of their term.
3. The People's Council and the People's Committee at the administrative unit receiving part of the natural area and population or a community shall continue their activities until the end of their term.
Article 49. Term of the People's Council at the administrative unit after establishment, merger, division, adjustment of administrative boundaries and operation of local government when the number of People's Council representatives is less than two-thirds of the total number
1. The term of the People's Council at the administrative unit after establishment, merger, division, or adjustment of administrative boundaries shall be determined as follows:
a) In cases where the new administrative unit retains the name of one of the previous administrative units after establishment, merger, division, or adjustment of administrative boundaries, the term of the People's Council at the new administrative unit shall continue to be counted according to the term of the People's Council at the administrative unit retaining the name.
b) In the case where a new administrative unit changes its name or type of administrative unit after establishment, merger, division, or adjustment of administrative boundaries, the term of the People's Council in the new administrative unit shall be recalculated from the beginning (Term I) as of the date of establishment.
2. The operation of local administration when it no longer has two-thirds of the total number of People's Council delegates shall be carried out as follows:
a) In the case where the remaining time of the term exceeds eighteen months and the number of People's Council delegates in the administrative unit is less than two-thirds of the total number of delegates elected according to this Law, supplementary elections for People's Council delegates shall be held in accordance with the law on elections.
b) In the case where the remaining time of the term is less than or equal to eighteen months, supplementary elections for People's Council delegates shall not be conducted.
The People's Council in the administrative unit with the number of delegates greater than or equal to one-third of the total number of delegates elected according to this Law shall elect the positions of the People's Council and People's Committee in accordance with Article 36 of this Law and operate until the newly elected People's Council takes office. Decisions on matters within the duties and powers of the People's Council must be approved by more than two-thirds of the current number of People's Council delegates. The organization and operation of local administration in the administrative unit with the number of People's Council delegates less than one-third of the total number of delegates elected according to this Law shall be implemented in accordance with the regulations of the Standing Committee of the National Assembly.
Article 50. Dissolution of the People's Council
1. The People's Council that causes serious damage to the interests of the people shall be dissolved.
2. The authority to dissolve the People's Council is defined as follows:
a) The Standing Committee of the National Assembly dissolves the Provincial People's Council;
b) The Provincial People's Council dissolves the Commune-level People's Council.
3. The resolution of the Provincial People's Council to dissolve the Commune-level People's Council must be submitted to the Standing Committee of the National Assembly for approval.
4. The Provincial People's Council dissolved ceases operations from the date the resolution to dissolve the Provincial People's Council by the Standing Committee of the National Assembly comes into effect.
The Commune-level People's Council dissolved ceases operations from the date the resolution to dissolve the Commune-level People's Council is approved by the Standing Committee of the National Assembly.
When the People's Council is dissolved and ceases operations, the People's Committee at the same level also ceases operations.
5. In the case where the Commune-level People's Council is dissolved, the Chairman of the Provincial People's Committee appoints the Acting Chairman of the Commune-level People's Committee and the Acting Commune-level People's Committee temporarily; if the Provincial People's Council is dissolved, the Prime Minister appoints the Acting Chairman of the Provincial People's Committee and the Acting Provincial 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 newly elected People's Council and People's Committee take office.
6. The Standing Committee of the National Assembly decides and announces the election day for People's Council delegates in the case of dissolving the Provincial People's Council; the Standing Body of the Provincial People's Council decides and announces the election day for People's Council delegates in the case of dissolving the Commune-level People's Council. The election of People's Council delegates shall be carried out in accordance with the law on elections. The newly elected People's Council shall carry out its duties until the end of the term of the dissolved People's Council.
Article 51. Effectiveness
Chapter VII
IMPLEMENTING PROVISIONS
1. This Law shall come into effect from the date of its adoption.
2. Law on Organization of Local Administration No. 65/2025/QH15 shall cease to be effective from the date this Law comes into effect.
3. The People's Council, agencies under the People's Council, People's Committee, Chairman of the People's Committee, specialized agencies, and other administrative organizations under the People's Committee of districts, towns, cities directly under provinces, provincial cities, and municipalities (hereinafter referred to as district level) shall cease operations from July 1, 2025.
Article 52. Amendment, Supplement, and Abolition of Certain Laws and Resolutions Related
1. 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 shall implement the demarcation of administrative management boundaries at sea for provincial and commune-level administrative units in coastal areas; transfer islands under the sovereignty of Vietnam to coastal provinces and centrally-administered municipalities for management; establish administrative boundaries for areas of natural sedimentation and reclaimed land."
2. Amend, supplement, and abolish certain articles 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 as follows:
a) Amend and supplement Point a of Clause 4 of Article 9 as follows:
"a) Decide the number of full-time members of the Municipal People's Council; decide the number, name, and scope of responsibility of the Committees of the Municipal People's Council;"
b) Amend and supplement Point a and Point b of Clause 1 of Article 14 as follows:
"a) Based on work requirements, implementation capacity, and specific conditions and circumstances of the locality, the Municipal People's Committee may delegate to specialized agencies and other administrative organizations under the Municipal People's Committee or Commune-level People's Committees to continuously and regularly perform one or several tasks and powers within its jurisdiction; delegate to public service organizations under its management to perform one or several tasks within its jurisdiction to increase autonomy for public service organizations in managing their units and providing public services."
"a) Based on work requirements, implementation capabilities, and specific conditions and circumstances of the locality, the People's Committee of the City has the authority to continuously and regularly delegate one or more tasks and powers within its jurisdiction to specialized agencies, other administrative organizations under the City People's Committee, or Commune People's Committees; and to delegate one or more tasks within its jurisdiction to public service organizations under its management to increase autonomy for these public service organizations in managing their units and providing public services."
b) In cases where necessary, the People's Committee of the City may delegate to specialized agencies, other administrative organizations, public service units under the People's Committee of the City; the Chairman of the People's Committee of the City may delegate to Vice Chairmen of the People's Committee of the City, heads of specialized agencies, other administrative organizations, public service units under the People's Committee of the City to perform one or several tasks and powers within their jurisdiction for a specified period accompanied by specific conditions;"
c) Amend and supplement Clause 2 of Article 15 as follows:
"2. The head of specialized agencies, other administrative organizations under the People's Committee of the City may sign limited-term contracts with persons meeting the professional qualifications to assume certain job positions belonging to groups of common professional duties and specialized professional duties within specialized agencies, other administrative organizations under the People's Committee of the City;"
d) Repeal Articles 8, 11, 12, 13, point d Clause 4 of Article 9, Clauses 2, 3, 4, 5, and 6 of Article 14.
Content related to responsibility systems, ensuring implementation conditions, using forms of documents and seals when implementing decentralization and delegation according to the provisions of this Law.
3. Repeal the articles and clauses of the following Resolutions:
a) Repeal Resolution No. 131/2020/QH14 dated November 16, 2020 of the National Assembly on the organization of urban administration in Ho Chi Minh City;
b) Repeal Clause 2, Clause 3 of Article 9 and Article 10 of Resolution No. 98/2023/QH15 dated June 24, 2023 of the National Assembly on piloting some special mechanisms and policies for the development of Ho Chi Minh City;
c) Repeal Article 7 and Article 8 of Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly on the organization of urban administration and piloting some special mechanisms and policies for the development of Da Nang City;
d) Repeal Clause 2 of Article 6 of Resolution No. 137/2024/QH15 dated June 26, 2024 of the National Assembly on supplementing the piloting of some special mechanisms and policies for the development of Nghe An Province;
đ) Repeal Resolution No. 169/2024/QH15 dated November 30, 2024 of the National Assembly on the organization of urban administration in Hai Phong City.
Article 53. Organization of local government at the ward level in Hanoi City, Ho Chi Minh City, and Da Nang City for the term 2021-2026
1. From July 1, 2025, the local government at the wards formed based on the reorganization of wards in Hanoi City, Ho Chi Minh City, and Da Nang City, which are implementing the urban administration model according to the provisions of the Capital Law, Resolution No. 131/2020/QH14 dated November 16, 2020, and Resolution No. 136/2024/QH15 dated June 26, 2024 of the National Assembly shall be a level of local government consisting of the Ward People's Council and the Ward People's Committee.
The Ward People's Council and the Ward People's Committee shall be organized and operate in accordance with the provisions of this Law.
2. Deputies of the Ward People's Council as stipulated in Clause 1 of this Article shall be determined as follows:
a) Deputies of the District People's Council for the term 2021-2026 shall be determined as deputies of the Ward People's Council in accordance with Clause 4 of Article 54 of this Law, and deputies of the People's Council for the term 2021-2026 of communes and towns that are reorganized to form wards;
b) In cases where there are no deputies of the Ward People's Council or the number of deputies determined in accordance with point a of this clause is insufficient, then the Standing Body of the City People's Council may designate additional non-deputy personnel to serve as deputies of the Ward People's Council to form a temporary Ward People's Council, ensuring at least one-third of the total number of deputies as stipulated in point d Clause 2 of Article 30 of this Law to perform the tasks and powers of the Ward People's Council according to the provisions of this Law until the Ward People's Council for the term 2026-2031 is elected.
3. The designation of positions in the Ward People's Council and Ward People's Committee shall be implemented in accordance with the provisions of Resolution No. 203/2025/QH15 dated June 16, 2025 of the National Assembly amending and supplementing some articles of the Constitution of the Socialist Republic of Vietnam.
Điều 54. Quy định chuyển tiếp
1. Chậm nhất là ngày 01 tháng 3 năm 2027, các văn bản quy phạm pháp luật có nội dung quy định về tổ chức, nhiệm vụ, quyền hạn và quy định khác có liên quan của chính quyền địa phương các cấp phải được sửa đổi, bổ sung để bảo đảm phù hợp với tổ chức đơn vị hành chính, các nguyên tắc và các nhiệm vụ, quyền hạn của chính quyền địa phương các cấp quy định tại Luật này.
Kể từ ngày Luật này có hiệu lực thi hành, để kịp thời thực hiện tổ chức chính quyền địa phương cấp tỉnh, cấp xã theo quy định tại Luật này và đẩy mạnh phân quyền, phân cấp cho chính quyền địa phương trong một số lĩnh vực ưu tiên, cấp bách, giao Chính phủ ban hành văn bản quy phạm pháp luật thuộc thẩm quyền phân định lại nhiệm vụ, quyền hạn của chính quyền địa phương và điều chỉnh các quy định khác có liên quan đến việc thực hiện nhiệm vụ, quyền hạn của chính quyền địa phương để thống nhất áp dụng trong thời gian chưa sửa đổi, bổ sung các luật, pháp lệnh, nghị quyết của Quốc hội, Ủy ban Thường vụ Quốc hội và định kỳ báo cáo Ủy ban Thường vụ Quốc hội; trường hợp liên quan đến luật, nghị quyết của Quốc hội thì báo cáo Quốc hội tại kỳ họp gần nhất.
2. Trong thời gian cơ quan có thẩm quyền chưa ban hành văn bản quy phạm pháp luật để điều chỉnh nhiệm vụ, quyền hạn của chính quyền địa phương theo quy định tại khoản 1 Điều này thì các quy định của pháp luật hiện hành liên quan đến trách nhiệm trong thực hiện nhiệm vụ, quyền hạn của chính quyền địa phương được tiếp tục thực hiện cho đến khi cơ quan có thẩm quyền ban hành văn bản quy phạm pháp luật sửa đổi, bổ sung hoặc thay thế.
3. Kể từ ngày 01 tháng 7 năm 2025, Ủy ban nhân dân cấp tỉnh kế thừa các thỏa thuận quốc tế do Ủy ban nhân dân cấp huyện ký kết trước ngày 01 tháng 7 năm 2025; chịu trách nhiệm thực hiện việc điều chỉnh, cập nhật tên gọi mới của đơn vị hành chính trong các thỏa thuận quốc tế do Ủy ban nhân dân cấp huyện ký kết trước ngày 01 tháng 7 năm 2025.
4. Khi chính quyền địa phương cấp huyện kết thúc hoạt động theo quy định tại khoản 3 Điều 51 của Luật này thì Thường trực Hội đồng nhân dân cấp tỉnh có trách nhiệm xác định các đại biểu Hội đồng nhân dân cấp huyện nhiệm kỳ 2021 - 2026 được bầu hoặc đang thực hiện nhiệm vụ đại biểu ở phần địa giới hành chính thuộc đơn vị hành chính cấp xã hình thành sau sắp xếp hoặc được cơ quan có thẩm quyền điều động, bố trí công tác tại các cơ quan, tổ chức, đơn vị ở đơn vị hành chính cấp xã đó để làm đại biểu của Hội đồng nhân dân nhiệm kỳ 2021 - 2026 của đơn vị hành chính cấp xã tương ứng, trừ trường hợp quy định tại khoản 5 Điều này.
5. Đại biểu Hội đồng nhân dân cấp huyện, cấp xã ở các đơn vị hành chính thực hiện sắp xếp để hình thành đặc khu thuộc trường hợp quy định tại khoản 1 Điều 28 của Luật này kết thúc hoạt động kể từ ngày 01 tháng 7 năm 2025.
6. Kể từ ngày Luật này có hiệu lực thi hành, số lượng Phó Chủ tịch Hội đồng nhân dân, Phó Chủ tịch Ủy ban nhân dân, cấp phó của người đứng đầu các cơ quan, đơn vị trực thuộc Hội đồng nhân dân, Ủy ban nhân dân tại các đơn vị hành chính cấp tỉnh hình thành sau sắp xếp có thể nhiều hơn số lượng so với quy định. Chậm nhất là 05 năm kể từ ngày Luật này có hiệu lực thi hành, số lượng và việc bố trí lãnh đạo, quản lý ở đơn vị hành chính sau sắp xếp được thực hiện theo quy định.
7. Chậm nhất là ngày 30 tháng 6 năm 2025, Thường trực Hội đồng nhân dân, các cơ quan thuộc Hội đồng nhân dân, Ủy ban nhân dân, Chủ tịch Ủy ban nhân dân, các cơ quan chuyên môn thuộc Ủy ban nhân dân cấp huyện phải hoàn thành việc bàn giao công việc, hồ sơ, tài liệu, tài chính, ngân sách, trụ sở, tài sản, cơ sở vật chất khác có liên quan cho các cơ quan, tổ chức, đơn vị có thẩm quyền bảo đảm hoạt động bình thường, liên tục, thông suốt của các cơ quan, không để gián đoạn công việc, không để chồng chéo, trùng lặp hoặc bỏ sót nhiệm vụ, lĩnh vực, địa bàn, không làm ảnh hưởng đến nhiệm vụ phát triển kinh tế - xã hội, hoạt động bình thường của xã hội, người dân, doanh nghiệp, bảo đảm quốc phòng, an ninh, trật tự, an toàn xã hội trên địa bàn. Chủ tịch Ủy ban nhân dân cấp tỉnh quyết định thành lập các Tổ công tác để chỉ đạo, hướng dẫn, tổ chức việc bàn giao công việc, hồ sơ, tài liệu, tài chính, ngân sách, trụ sở, tài sàn, cơ sở vật chất quy định tại khoản này.
8. Các công việc, thủ tục hành chính, các đơn thư khiếu nại, tố cáo (sau đây gọi là công việc, thủ tục) của các cơ quan thuộc chính quyền địa phương cấp huyện đang giải quyết cho cá nhân, tổ chức, doanh nghiệp nếu đến thời điểm ngày 01 tháng 7 năm 2025 mà vẫn chưa hoàn thành hoặc đã hoàn thành trước ngày 01 tháng 7 năm 2025 nhưng sau đó phát sinh vấn đề liên quan cần giải quyết thì cơ quan tiếp nhận chức năng, nhiệm vụ, quyền hạn của chính quyền địa phương cấp huyện hoặc chính quyền địa phương cấp xã mới hình thành sau sắp xếp nơi phát sinh công việc, thủ tục có trách nhiệm phối hợp với cơ quan liên quan để tiếp tục giải quyết bảo đảm không làm gián đoạn công việc, không ảnh hưởng đến hoạt động bình thường của xã hội, người dân, doanh nghiệp; trường hợp nội dung công việc, thủ tục có liên quan đến từ 02 đơn vị hành chính cấp xã mới hình thành sau sắp xếp trở lên hoặc có nội dung phức tạp thì Chủ tịch Ủy ban nhân dân cấp tỉnh căn cứ quy định tại điểm g khoản 2 và khoản 3 Điều 11 của Luật này có trách nhiệm chỉ đạo việc giải quyết.
Trường hợp văn bản quy phạm pháp luật của Chính phủ quy định về phân quyền, phân cấp, phân định thẩm quyền của chính quyền địa phương được giao tại khoản 1 Điều này đã có quy định về việc giải quyết đối với các công việc, thủ tục quy định tại khoản này thì thực hiện theo quy định của Chính phủ.
9. Trường hợp cần giải quyết các vấn đề phát sinh khi tổ chức chính quyền địa phương cấp tỉnh và cấp xã theo quy định của Luật này thì thực hiện như sau:
a) Chính phủ xem xét, ban hành văn bản giải quyết hoặc ủy quyền ban hành văn bản giải quyết các vấn đề phát sinh thuộc thẩm quyền của Quốc hội, định kỳ hằng quý báo cáo Ủy ban Thường vụ Quốc hội và báo cáo Quốc hội tại kỳ họp gần nhất;
b) Ủy ban Thường vụ Quốc hội, Chính phủ, Thủ tướng Chính phủ, Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Hội đồng nhân dân, Ủy ban nhân dân cấp tỉnh có trách nhiệm xem xét, ban hành văn bản hoặc ủy quyền ban hành văn bản để giải quyết các vấn đề phát sinh trong phạm vi nhiệm vụ, quyền hạn của mình;
c) Cơ quan, người có thẩm quyền quy định tại điểm a và điểm b khoản này có thể ban hành văn bản hành chính để hướng dẫn giải quyết các vấn đề phát sinh; đồng thời tổ chức xây dựng, ban hành văn bản quy phạm pháp luật theo thẩm quyền hoặc trình cơ quan, người có thẩm quyền sửa đổi, bổ sung, ban hành văn bản quy phạm pháp luật để điều chỉnh nội dung quy định tại văn bản hành chính hoặc nội dung đã ủy quyền ban hành.
Văn bản hành chính, văn bản được ban hành theo ủy quyền phải được cơ quan, người có thẩm quyền đã ban hành văn bản đó bãi bỏ ngay khi văn bản quy phạm pháp luật do cơ quan, người có thẩm quyền ban hành có hiệu lực thi hành;
d) Văn bản của cơ quan, người có thẩm quyền quy định tại các điểm a, b và c khoản này hết hiệu lực thi hành kể từ ngày 01 tháng 3 năm 2027 hoặc kể từ ngày văn bản quy phạm pháp luật do cơ quan, người có thẩm quyền ban hành để thay thế có hiệu lực thi hành, tùy thuộc thời điểm nào đến trước.
10. Việc ban hành văn bản hành chính quy định tại điểm c khoản 9 Điều này phải đáp ứng các điều kiện sau đây:
a) Mục đích ban hành văn bản hành chính là để kịp thời hướng dẫn giải quyết các vấn đề phát sinh do tổ chức chính quyền địa phương cấp tỉnh và cấp xã theo quy định của Luật này;
b) Nội dung hướng dẫn phải phù hợp với chức năng, nhiệm vụ, quyền hạn của cơ quan, người có thẩm quyền hướng dẫn;
c) Không quy định thêm yêu cầu, điều kiện hoặc làm tăng thời gian giải quyết, phát sinh chi phí, gây khó khăn cho cá nhân, tổ chức trong quá trình thực hiện;
d) Văn bản hướng dẫn phải được công khai trên Cổng thông tin điện tử hoặc Trang thông tin điện tử của cơ quan ban hành văn bản và các hình thức phù hợp khác; đồng thời, phải được công khai tập trung trên Cổng thông tin điện tử của Ủy ban nhân dân cấp tỉnh đối với thông tin của các cơ quan cấp tỉnh, trên Cổng thông tin điện tử của Ủy ban nhân dân cấp xã đối với thông tin của các cơ quan cấp xã.
Luật này được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XV, Kỳ họp thứ 9 thông qua ngày 16 tháng 6 năm 2025.
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