Decision No. 725/2009/UBTVQH12 Adjusts the tasks and powers of the People's Councils and People's Committees at provincial and centrally governed city levels, and specifies the tasks, powers, and organizational structure of the People's Committees at district, town, and commune levels where there are no People's Councils.

RESOLUTION

Adjusting the tasks and powers of the People's Councils, People's Committees of provinces and centrally governed cities and stipulating the tasks, powers, and organizational structure of the People's Committees of districts, towns, wards where there are no People's Councils at district, town, and ward levels central level and stipulates the tasks, powers, and organizational structure of the People's Committee at the district, town level, and commune level where no People's Council at the district, town, and commune level is organized. commune where no People's Council at the district, town, and commune level is organized

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10;

Pursuant to Resolution No. 26/2008/QH12 dated November 15, 2008 of the Twelfth National Assembly, fourth session on piloting the non-establishment of People's Councils at district, town, and ward levels;

After considering Report No. 01/TTr-CP dated January 2, 2009 of the Government regarding the draft Resolution of the Standing Committee of the National Assembly adjusting the tasks and powers of the People's Councils, People's Committees of provinces and centrally governed cities and stipulating the tasks, powers, and organizational structure of the People's Committees of districts, towns, wards where there are no People's Councils at district, town, and ward levels and the Review Report No. 672/BC-UBPL12 dated January 14, 2009 of the Committee for Legal Affairs of the National Assembly.

RESOLUTION:

PART I

GENERAL PROVISIONS

Article 1. This Resolution adjusts certain tasks and powers of the People's Councils of districts, towns where the pilot program of not establishing People's Councils is implemented for the People's Councils, People's Committees of provinces and centrally governed cities; stipulates the tasks, powers, and organizational structure of the People's Committees of districts, towns, wards and the authority, procedures, and formalities for appointing, dismissing, and removing the Chairman and other members of the People's Committees of districts, towns, wards where there are no People's Councils.

Article 2. This Resolution applies to the People's Councils, People's Committees of provinces and centrally governed cities and the People's Committees of districts, towns, wards where there are no People's Councils at district, town, and ward levels as specified in Resolution No. 724/2009/UBTVQH12 dated January 16, 2009 of the Standing Committee of the National Assembly on the list of districts, towns, wards of the provinces and centrally governed cities implementing the pilot program of not establishing People's Councils at district, town, and ward levels.

Chapter II

TASKS AND POWERS OF THE PEOPLE'S COUNCILS, PEOPLE'S COMMITTEES OF PROVINCES AND CENTRALLY GOVERNED CITIES WHERE THERE ARE NO PEOPLE'S COUNCILS AT DISTRICT, TOWN, AND WARD LEVELS

CENTRAL LEVEL WHERE NO PEOPLE'S COUNCIL AT THE DISTRICT, TOWN, AND COMMUNE LEVEL IS ORGANIZED

Article 3. The People's Councils of provinces and centrally governed cities where there are no People's Councils at district, town, and ward levels shall perform the tasks and powers prescribed in Articles 11 through 18 of the Law on the Organization of People's Councils and People's Committees, other relevant legal provisions, and the following tasks and powers:

1. Elect People's Assessors of the People's Courts at district and town levels based on the recommendations of the Vietnam Fatherland Front Committee at provincial and centrally governed city levels; remove or dismiss People's Assessors of the People's Courts at district and town levels upon the proposal of the Chief Justice of the People's Court at provincial and centrally governed city levels after consultation with the Vietnam Fatherland Front Committee at the same level.

2. Supervise the activities of the People's Committees, People's Courts, and People's Procuratorates at district and town levels.

3. Repeal part or all of resolutions that contravene the law of the People's Councils at commune and town levels.

4. Dissolve the People's Councils at commune and town levels in cases where such councils cause serious damage to the interests of the people.

Article 4The People's Committee of a province where there are no People's Councils at district and town levels shall perform the tasks and powers prescribed in Articles 82 through 95 of the Law on the Organization of People's Councils and People's Committees, other relevant legal provisions, and the following tasks and powers:

1. Approve planning schemes, plans, programs, and projects for economic and social development of the People's Committee at district level.

2. Direct the People's Committee at district level to implement tasks related to economic and social development, consolidation of national defense and security, and ensuring the livelihood of the people within its jurisdiction.

Article 5. The People's Committee of a centrally governed city where there are no People's Councils at district, town, and ward levels shall perform the tasks and powers prescribed in Articles 82 through 96 of the Law on the Organization of People's Councils and People's Committees, other relevant legal provisions, and the following tasks and powers:

1. Approve planning schemes, plans, programs, and projects for economic and social development of the People's Committees at district and town levels.

2. Decide on measures to ensure the uniform implementation of urban planning within the town area.

3. Decide on measures to ensure public order, traffic safety; prevent fires and explosions and protect the environment and urban landscape within the town area.

4. Decide on the overall construction planning of urban areas within the district area.

5. Decide on planning and development plans for transportation networks within the district and town areas.

6. Direct the People's Committees at district and town levels to implement tasks related to economic and social development, consolidation of national defense and security, and ensuring the livelihood of the people within their jurisdictions.

Chapter III

TASKS, POWERS, ORGANIZATION, AND OPERATIONS OF THE PEOPLE'S COMMITTEES OF DISTRICTS, TOWNS, AND WARDS WHERE THERE ARE NO PEOPLE'S COUNCILS

COMMUNE WHERE NO PEOPLE'S COUNCIL IS ORGANIZED

Section 1

TASKS AND POWERS OF THE PEOPLE'S COMMITTEES OF DISTRICTS, TOWNS, AND WARDS WHERE THERE ARE NO PEOPLE'S COUNCILS

PROVINCIAL/DISTRICT PEOPLE'S COUNCIL

Article 6. The People's Committee of a district where there are no People's Councils shall perform the tasks and powers prescribed in Clauses 3 and 4 of Article 97, Clauses 2, 3, 4, and 5 of Article 98, Articles 99, 100, 101, 102, 103, 104, 105, and 106, and Clauses 1, 2, 3, and 4 of Article 107 of the Law on the Organization of People's Councils and People's Committees, other relevant legal provisions, and the following tasks and powers:

1. Develop annual plans for economic and social development to be submitted to the People's Committee at provincial level for approval; organize and monitor the implementation of the plan after approval.

2. Prepare the budget revenue estimate for state budget on the local territory, the budget revenue and expenditure estimate for local budget, report to the higher-level People's Committee for submission to the People's Council for decision.

Based on the assigned budget estimate, decide specifically the state budget revenue estimate for the area, local budget revenue and expenditure estimates, allocate the budget estimate of their own level, adjust the local budget estimate when necessary, decide policies and measures to implement the budget, and report to the higher-level People's Committee the results of the allocation and assignment of the local budget estimate.

Prepare the final account of local budget revenue and expenditure, report to the higher-level People's Committee to submit to the People's Council for approval.

3. Develop plans, programs to encourage agricultural, forestry, fishery, salt industry development at the local level, submit them to the provincial People's Committee for approval; organize the implementation of plans, programs after they have been approved.

Article 7. The People's Committee of a district where there is no People's Council shall perform the tasks and powers stipulated in Clauses 3 and 4 of Article 98, Clauses 2, 3, and 4 of Article 100, Articles 101, 102, 103, 104, 105, 106, Clauses 1, 2, 3, and 4 of Article 107, and Article 109 of the Law on the Organization of People's Councils and People's Committees, other relevant laws, and the following tasks and powers:

1. Develop the annual socio-economic development plan, submit it to the municipal People's Committee for approval; organize and supervise the implementation of the plan after it has been approved.

2. Prepare the budget revenue estimate for state budget on the local territory, the budget revenue and expenditure estimate for local budget, report to the higher-level People's Committee for submission to the People's Council for decision.

Based on the assigned budget estimate, decide specifically the state budget revenue estimate for the area, local budget revenue and expenditure estimates, allocate the budget estimate of their own level, adjust the local budget estimate when necessary, decide policies and measures to implement the budget, and report to the higher-level People's Committee the results of the allocation and assignment of the local budget estimate.

Prepare the final account of local budget revenue and expenditure, report to the higher-level People's Committee to submit to the People's Council for approval.

3. Approve the socio-economic development plan of the commune.

Article 8. The People's Committee of a commune where there is no People's Council shall perform the tasks and powers stipulated in Clauses 3, 4, and 5 of Article 111, Clauses 1, 2, and 4 of Article 112, Clauses 2, 3, and 4 of Article 113, Articles 114, 115, 116, 117, and Clauses 2, 3, and 4 of Article 118 of the Law on the Organization of People's Councils and People's Committees, other relevant laws, and the following tasks and powers:

1. Develop the annual socio-economic development plan, submit it to the higher-level People's Committee for approval; organize the implementation of the plan after it has been approved.

2. Prepare the state budget revenue estimate for the area, local budget revenue and expenditure estimate, report to the higher-level People's Committee for decision. For communes under a township or city directly under a province, report to the higher-level People's Committee to submit to the People's Council for decision.

Based on the assigned budget estimate, decide specifically the state budget revenue estimate for the area, local budget revenue and expenditure estimates, allocate the budget estimate of their own level, adjust the local budget estimate when necessary, decide policies and measures to implement the budget, and report to the higher-level People's Committee the results of the allocation and assignment of the local budget estimate.

Prepare the final account of local budget revenue and expenditure, report to the higher-level People's Committee for approval. For communes under a township or city directly under a province, report to the higher-level People's Committee to submit to the People's Council for approval.

3. Organize the unified implementation of the socio-economic development plan and urban planning, establish civilized urban lifestyles, prevent and combat social evils, maintain public order, cleanliness, and beauty in neighborhoods, streets, sidewalks, public order, and urban landscape within the area.

4. Coordinate with the Vietnam Fatherland Front Committee at the same level to establish election committees for National Assembly deputies and People's Council deputies; organize the implementation of the election of National Assembly deputies and People's Council deputies according to the provisions of the law.

Section 2

ORGANIZATION AND OPERATION OF THE PEOPLE'S COMMITTEE OF A COUNTY, DISTRICT, COMMUNE WHERE THERE IS NO

FORMATION OF THE PEOPLE'S COUNCIL

Article 9.

1. The People's Committee of a county or district where there is no People's Council is a state administrative agency subordinate to the provincial People's Committee or the municipal People's Committee directly under the central government; the People's Committee of a commune where there is no People's Council is a state administrative agency subordinate to the district People's Committee, township People's Committee, or city People's Committee directly under a province; decide policies and measures for economic and social development, national defense consolidation, and security on the territory according to the law and the delegation of the higher-level People's Committee; ensure unified leadership and management in the state administrative apparatus from the central to the grassroots level.

2. The People's Committee of a county, district, or commune where there is no People's Council consists of the Chairman, Deputy Chairmen, and Members appointed, relieved of duty, or dismissed by the Chairman of the higher-level People's Committee.

3. The People's Committee of a county or district where there is no People's Council has seven to nine members; the People's Committee of a commune has three to five members.

The composition of members of the People's Committee of a county, district, or commune where there is no People's Council is prescribed by the Government.

Article 10.

1. The People's Committee of a county or district where there is no People's Council shall collectively discuss and decide by majority on the following issues:

a) Work regulations, annual work program, and approval of the People's Committee's report before submitting it to the higher-level People's Committee;

b) Planning, socio-economic development plans; annual budget estimates and final accounts, and reserve funds of their own level; investment in and construction of key projects; mobilization of human resources and finance to address urgent issues of the locality according to the law and the delegation of the higher-level People's Committee;

c) Policies and measures to develop the economy and society, national defense, and security in the locality;

d) Approval of proposals for the establishment, merger, or dissolution of specialized agencies under the People's Committee;

đ) Other issues proposed by the Chairman of the People's Committee at the same level.

2. The People's Committee of a commune where there is no People's Council shall collectively discuss and decide by majority on the issues specified in Points a, b, c, and đ of Clause 1 above.

3. The People's Committee of a county, district, or commune where there is no People's Council shall convene at least once a month. Decisions of the People's Committee must be approved by more than half of the total number of members of the People's Committee. In case of equal votes for and against, the decision will be made according to the opinion of the Chairman of the People's Committee.

4. The People's Committee of a county, district, or commune where there is no People's Council shall issue decisions and directives to implement its tasks and powers.

Article 11.

1. The Chairman of the People's Committee of a county, district, or commune where there is no People's Council is the leader and manager of the People's Committee's affairs, responsible before the law and the higher-level People's Committee for the performance of the People's Committee's tasks and powers.

2. The Chairman of the People's Committee of the district where there is no People's Council shall perform the tasks and powers prescribed in Article 127 of the Law on Organization of People's Councils and People's Committees and the following tasks and powers:

a) Approving the results of the election of the Chairman and Vice-Chairman of the People's Council at the commune and town levels;

b) Suspending the implementation of resolutions that violate the law by the People's Council at the commune and town levels and recommending to the Chairman of the People's Committee at the provincial level to request the People's Council at the provincial level to revoke such resolutions.

3. The Chairman of the People's Committee of the district where there is no People's Council shall perform the tasks and powers prescribed in Clauses 1, 2, 4, 5, 6, and 7 of Article 127 of the Law on Organization of People's Councils and People's Committees and appointing, dismissing, transferring, removing from office, rewarding, and disciplining the Chairperson, Vice-Chairpersons, Members of the People's Committee of wards, and civil servants according to the classification of management.

4. The Chairman of the People's Committee of the ward where there is no People's Council shall perform the tasks and powers prescribed in Points c and d of Clause 1, Clauses 2, 6, and 7 of Article 127 of the Law on Organization of People's Councils and People's Committees.

Article 12. Deputy Chairpersons and Members of the People's Committee of the district, district, and ward where there is no People's Council shall perform their duties and powers according to the Working Regulations and the division of labor by the Chairman of the People's Committee at the same level; they are responsible before the law and before the Chairman of the People's Committee at the same level for the performance of the assigned duties and powers; together with the Chairman and other members, they are collectively responsible for matters decided by the People's Committee..

Article 13.

1. Specialized agencies under the People's Committee of the district and district where there is no People's Council are advisory agencies assisting the People's Committee of the district and district in performing state management functions at the local level, implementing certain tasks and powers according to the division of labor by the People's Committee of the district and district and according to the provisions of the law; contributing to ensuring the unity of management from central to grassroots levels within the sector or field.

2. Specialized agencies under the People's Committee of the district and district where there is no People's Council are subject to direction and management regarding organization, staffing, and personnel work by the People's Committee of the district and district, while also being subject to professional guidance and supervision by specialized agencies under the People's Committee of the province; they are responsible for reporting their work to the People's Committee of the district and district and the superior specialized agency.

3. The establishment of specialized agencies under the People's Committee of the district and district where there is no People's Council shall be carried out in accordance with the regulations of the Government.

Article 14.

1. The Chairman of the Vietnam Fatherland Front Committee and the heads of mass organizations at the district, district, and ward level where there is no People's Council may be invited to attend sessions of the People's Committee at the same level when discussing issues related to them.

The People's Committee of the district, district, and ward where there is no People's Council shall create favorable conditions for the Vietnam Fatherland Front Committee and mass organizations at the same level to organize and mobilize the people to participate in building and consolidating the people's administration; organizing the implementation of state policies and laws; supervising the activities of state agencies and civil servants.

2. The People's Committee of the district, district, and ward where there is no People's Council shall implement the system of reporting the overall situation of the locality to the Vietnam Fatherland Front Committee and mass organizations at the same level.

The People's Committee and its members of the district, district, and ward where there is no People's Council have the responsibility to resolve and respond to the recommendations of the Vietnam Fatherland Front Committee and mass organizations at the same level.

Chapter IV

AUTHORITY, PROCEDURE, AND PROCEDURES FOR APPOINTING, DISMISSING, AND REMOVING FROM OFFICE THE CHAIRPERSONS, DEPUTY CHAIRPERSONS, AND MEMBERS OF THE PEOPLE'S COMMITTEES OF DISTRICTS, DISTRICTS, AND WARES WHERE THERE IS NO PEOPLE'S COUNCIL

AUTHORITY TO APPOINT, DISMISS, AND REMOVE FROM OFFICE THE CHAIRPERSONS, DEPUTY CHAIRPERSONS, AND MEMBERS OF THE PEOPLE'S COMMITTEES OF DISTRICTS, DISTRICTS, AND WARES WHERE THERE IS NO PEOPLE'S COUNCIL

SUPREME

Article 15. The authority to appoint, dismiss, and remove from office the Chairperson, Deputy Chairpersons, and Members of the People's Committee of the district, district, and ward where there is no People's Council is defined as follows:

1. The Chairman of the People's Committee of the province or centrally-administered city shall appoint, dismiss, and remove from office the Chairperson, Deputy Chairpersons, and Members of the People's Committee of the district and district.

2. The Chairman of the People's Committee of the district, town, or centrally-administered city within a province shall appoint, dismiss, and remove from office the Chairperson, Deputy Chairpersons, and Members of the People's Committee of the ward.

Article 16. The procedure and procedures for appointing the Chairperson, Deputy Chairpersons, and Members of the People's Committee of the district, district, and ward where there is no People's Council are defined as follows:

1. Appointing the Chairperson of the People's Committee of the district, district, and ward:

a) The People's Committee of the district, district, and ward proposes candidates;

b) After receiving written approval from the competent authority, the personnel management agency prepares the appointment dossier;

c) Based on the appointment dossier and the proposal of the People's Committee with the candidate to be appointed, the personnel management agency submits to the Chairman of the higher-level People's Committee for examination and decision on appointment.

2. Appointing Deputy Chairpersons and Members of the People's Committee of the district, district, and ward:

a) The Chairman of the People's Committee of the district, district, and ward proposes candidates;

b) After receiving written approval from the competent authority, the personnel management agency prepares the appointment dossier;

c) Based on the appointment dossier and the proposal of the People's Committee with the candidate to be appointed, the personnel management agency submits to the Chairman of the higher-level People's Committee for examination and decision on appointment.

Article 17. The procedure and procedures for examining and deciding on dismissal and removal from office of the Chairperson, Deputy Chairpersons, and Members of the People's Committee of the district, district, and ward where there is no People's Council shall be carried out in accordance with the law on dismissal and removal from office of cadres and civil servants.

Chapter V

IMPLEMENTATION PROVISIONS

Article 18.

1. The People's Assessors of the People's Court of the district and district for the term 2004-2009 where there is no People's Council shall continue to operate until the People's Council of the province or centrally-administered city elects new People's Assessors.

The term of office of the People's Assessors of the People's Court of the district and district where there is no People's Council shall be in accordance with the term of office of the People's Council of the province or centrally-administered city.

2. The Government, Supreme People's Court, Supreme People's Procuracy, and Central Committee of the Vietnam Fatherland Front within the scope of their tasks and powers shall be responsible for organizing and guiding the implementation of this Resolution.

3. The People's Councils, People's Committees of provinces and centrally governed cities, and People's Committees of districts, towns where there are no district or town People's Councils shall be responsible for implementing this Resolution.

4. This Resolution shall take effect from April 1, 2009./.