Decree No. 77 on the organization of people's administration in cities and municipalities

DECREE

Regarding the organization of the People's Administration by Decree No. 27 dated December 21, 1945 of the Chairman of the Provisional Government, and Decree No. 77 dated December 21, 1945.

PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT

Pursuant to the Edict No. 63 dated November 22, 1945 on organizing the people's administration at local levels;

Pursuant to the proposal of the Minister of Internal Affairs;

After the Council of Ministers has discussed,

ISSUES THE DECREE:

Article 1: Except for the cities mentioned in Article 3, the provincial capitals and other urban areas that have been administratively separated and directly under the province will now be called towns. The Administrative Committees shall determine which places will be designated as towns.

Article 2: The organization of the people's administration in towns will be similar to the organization in villages as stipulated in Edict No. 63 dated November 22, 1945. However, towns will be directly under the province, so the province will replace the district and the region will replace the province with respect to towns.

Article 3: The towns of Hanoi, Haiphong, Nam Dinh, Vinh - Ben Tre, Hue, Da Nang, Dalat, and Saigon - Cho Lon will all be designated as cities.

Hanoi City will be directly under the Central Government, while the other cities will be under the regions.

In each city, three organs will be established: the Municipal People's Council, the Municipal Administrative Committee, and the Ward Administrative Committee.

In Da Lat, there will be no Municipal People's Council and Municipal Administrative Committee, but only Ward Administrative Committees. The Lam Vien Provincial People's Council and Administrative Committee will concurrently perform the functions of the Da Lat Municipal People's Council and Administrative Committee.

The Municipal People's Council, elected by the citizens of the city through universal and direct suffrage, represents the citizens of the city.

The Municipal Administrative Committee, elected by the Municipal People's Council, represents both the citizens of the city and the Government.

The Ward Administrative Committee, elected by the citizens of the ward through universal and direct suffrage, represents both the citizens of the ward and the Government.

The organization, powers, division of labor, and methods of operation of the aforementioned organs are prescribed in the following provisions of this Edict.

Chapter 1

THE MUNICIPAL PEOPLE'S COUNCIL

SECTION 1 - ORGANIZATION

Article 4: In each city except Da Lat, a Municipal People's Council consisting of twenty regular members and four alternate members will be established.

In the two cities of Hanoi and Saigon - Cho Lon, the Municipal People's Council will consist of thirty regular members and six alternate members.

Article 5: All Vietnamese citizens aged eighteen or older, regardless of gender, who do not belong to any of the three categories listed in Clause 2, 3, and 4 of Point 2 of Edict No. 51 dated October 17, 1945 on the rules of the national election, have the right to vote for the Municipal People's Council if they are native to the city or have resided in the city for at least three months (when moving to reside in the city, they must inform the Municipal Administrative Committee that they intend to reside permanently in the city to be included in the voter list).

Soldiers and civil servants have the right to vote in the city where they are stationed or working, without having to reside for more than three months.

Article 6: All those who meet the conditions to run for the National Assembly according to Article 2 of the Edict dated October 17, 1945 have the right to stand for election to the Municipal People's Council, regardless of whether they are residents of the city or not, but they can only run for election in one city.

Civil servants and soldiers also have the right to stand for election to the Municipal People's Council.

Article 7: The method of compiling the list of candidates, election rules, and the date of the election shall be determined by the Decree of the Minister of Interior Affairs.

Article 8: The term of office for the People's Council of the city is two years; however, the first terms will only last one year.

Article 9: If the People's Council of the city issues a resolution that contravenes superior orders, in addition to nullifying such resolution, the Administrative Committee of the term or the Ministry of Interior (for the city of Hanoi) will issue a warning to the Council. Should the Council continue to disregard the orders, the Administrative Committee of the term or the Ministry of Interior (for the city of Hanoi) may propose to the Government to dissolve the People's Council of the city.

Article 10: When the People's Council of the city is dissolved pursuant to Article 9, the Administrative Committee of the term or the Government (for the city of Hanoi) shall appoint a three-person committee to perform the duties of the People's Council and the Administrative Committee of the city.

If more than six months remain before the general election period, within ten days from the dissolution, the Administrative Committee of the term or the Ministry of Interior (for the city of Hanoi) shall convene the electorate to re-elect the People's Council. The newly elected council will serve until the general election period.

If less than six months remain before the general election period, the temporary committee mentioned above will serve until the general election period.

Article 11: In case the People's Council of the city lacks a formal member due to any reason, the substitute member will be appointed in order.

Article 12: The Administrative Committee of the term is responsible for examining whether the elections of the People's Councils of the cities are valid.

For the city of Hanoi, the Government directly examines this matter.

PART 2 - POWERS AND LIMITATIONS

Article 13: The People's Council of the city has the authority to resolve all matters within the scope of the city. Resolutions of the People's Council of the city must not contravene directives from higher levels. The Council may seek opinions from experts before making a decision on an issue related to one or more specialized fields.

Article 14: Within eight days, the Administrative Committee of the city must submit the minutes of the resolutions of the People's Council to the Administrative Committee of the term or the Ministry of Interior (for the city of Hanoi). The Administrative Committee of the term must record the receipt date in the register and issue a receipt to the Administrative Committee of the city.

Article 15: Within fifteen days from the date of receiving the minutes of the resolutions and issuing the receipt, the Administrative Committee of the term or the Government (for the city of Hanoi) has the right to nullify or return for revision the resolutions of the People's Council of the city, but must specify the reasons for nullification or the need for revision. Within the aforementioned period, the Administrative Committee of the term or the Government (for the city of Hanoi) may extend the deadline by fifteen days, but must notify the Administrative Committee of the city before the end of the initial fifteen-day period.

Article 16: If the resolution is not nullified or returned for revision within the time limit specified in Article 15, it may be implemented except for the resolutions listed in Articles 17 and 18.

Article 17: Resolutions concerning the following matters must be approved by the Administrative Committee of the term or the Government (for the city of Hanoi) before they can be implemented:

1- Accepting gifts and inheritances with conditions set by the donor;

2- Selling, purchasing, or exchanging immovable property of the city;

3- Initiating or responding to lawsuits;

4- Establishing regulations regarding municipal civil servants;

5- Dividing and defining the boundaries of wards.

Article 18: Resolutions concerning the following matters must be approved by the Government before they can be implemented, regardless of which city they pertain to.

1- City budget;

2- Borrowing money;

3- Determining additional percentage surcharges for the city fund when such surcharges exceed those set by higher authorities;

4- Tendering a public service;

5- Setting tax rates for special taxes permitted to be collected within the city limits.

Article 19: In cases of urgency, the City Administrative Committee may request immediate approval from either the Provincial Administrative Committee or the Government for resolutions passed by the City People's Council.

Article 20: If the Provincial Administrative Committee invalidates or does not approve its own resolution, the City People's Council has the right to appeal to the Council of Ministers.

This provision does not apply to the city of Hanoi.

SECTION 3 - OPERATING PROCEDURES

Article 21: The City People's Council convenes regular sessions twice a month, each session lasting up to six days; sessions for budget deliberations may last up to fifteen days.

Article 22: The City People's Council may convene extraordinary sessions in the following circumstances:

1- Upon orders from the Provincial Administrative Committee or the Government;

2- When more than half of the total number of members propose it; however, when requesting reconsideration of the City Administrative Committee's decision, a proposal by one-third of the members is sufficient (Article 35);

3- When convened by the City Administrative Committee.

Article 23: Each session of the City People's Council elects one chairperson. The secretary for all meetings is the secretary of the City Administrative Committee.

Article 24: The Council may invite outsiders to attend and participate in discussions. Those invited have the right to express opinions but do not have voting rights.

Article 26: Except for exceptional cases requiring closed meetings, the City People's Council holds open meetings. Citizens have the right to listen but do not have the right to question.

Article 27: Only if more than half of the officially present members are in attendance can the City People's Council discuss and vote on issues.

Article 28: When the Council votes, the resolution will follow the majority vote of the members. In case of a tie, the resolution follows the vote of the Council Chairperson.

Article 29: Chapter 2

CITY ADMINISTRATIVE COMMITTEE

In every city except Dalat, a City Administrative Committee shall be established consisting of three regular members (one Chairman, one Vice-Chairman, and one Secretary) and two alternate members.

SECTION 1 - ORGANIZATION

Article 30: The City Administrative Committee is elected by the City People's Council. During the election, the Chairman, Vice-Chairmen, and Secretary are elected separately.

Article 31:

To run for the City Administrative Committee, one must be a member of the City People's Council and must be able to read and write the national language. Article 32:

The rules for electing City Administrative Committees are stipulated in the decree of the Minister of Interior Affairs. Article 33:

The City Administrative Committee, once elected, must be approved by the Provincial Administrative Committee or the Government (for the city of Hanoi) before assuming office. Any member who is not approved must be re-elected. If the member is re-elected again, the Provincial Administrative Committee or the Government (for the city of Hanoi) must recognize them. The regulations for electing the municipal administrative committees shall be established by a decree of the Minister of Interior Affairs.

Article 33: The municipal administrative committee members must be approved by the session of the municipal administrative committee or the Government (for the city of Hanoi) before taking office. Any member who is not approved must be re-elected. If the member is elected again and still wins, then the session of the municipal administrative committee or the Government (for the city of Hanoi) must recognize such election.

Article 34: The term of office of the City Administrative Committee is two years, but for the first term, it shall only be one year.

Article 35: When one-third of the members of the City People's Council request a confidence vote on the City Administrative Committee, the City Administrative Committee must immediately convene the City People's Council for a confidence vote. During the confidence vote, members of the City Administrative Committee shall vote alongside other members of the City People's Council. If more than half of the total number of members of the City People's Council vote against the confidence in the City Administrative Committee, the City Administrative Committee shall be compelled to resign. Members who are required to resign shall retain their status as members of the City People's Council.

Article 36: When the City Administrative Committee fails to comply with orders, the City Administrative Committee of the period may request the City People's Council to intervene. If the City People's Council does not resolve the issue, the City Administrative Committee of the period may propose to the Government to dissolve the City Administrative Committee. Members of the dissolved City Administrative Committee will lose their status as members of the City People's Council. For the city of Hanoi, the powers of the City Administrative Committee of the period mentioned in this article belong to the Ministry of Home Affairs.

Article 37: When a member of the City Administrative Committee commits an offense while performing their duties, the City Administrative Committee of the period or the Government (for the city of Hanoi), upon the proposal of the City Administrative Committee, may reprimand or remove from office the offending member.

A member removed from office loses their status as a member of the City People's Council.

If the offense committed by a member constitutes a criminal offense, the member shall be prosecuted by the court.

Article 38: When the City Administrative Committee is compelled to resign or is dissolved under Articles 35 and 36, within five days, the City Administrative Committee of the period or the Ministry of Home Affairs (for the city of Hanoi) shall convene the City People's Council to elect a replacement.

Whenever some members are removed from office or resign, substitute members shall be appointed in order.

PART 2 - POWERS AND LIMITATIONS

Article 39: The powers of the City Administrative Committee are as follows:

1. To enforce orders from superiors and resolutions of the City People's Council.

2. To supervise the District Administrative Committees.

3. To convene the City People's Council.

4. To direct city-level officials.

5. To supervise specialized agencies regarding the manner of performing their duties.

6. To handle minor matters within the city.

7. To issue the city budget.

8. To promulgate regulations to maintain public order and hygiene in the city.

9. To direct the police force to ensure patrols and public order. The composition of this police force shall be prescribed by a decree of the Minister of Home Affairs.

10. To mobilize troops stationed in the city in emergencies to protect the country, but must report to the City Administrative Committee of the period or the Government (for the city of Hanoi) immediately.

SECTION 3 - OPERATING PROCEDURES

Article 40: The City Administrative Committee is a permanent body.

Article 41: The City Administrative Committee always meets in closed session.

Chapter 3

DISTRICT ADMINISTRATIVE COMMITTEES

SECTION 1 - ORGANIZATION

Article 42: The city shall be divided into districts. The number and boundaries of the districts in each city shall be decided by the City People's Council and approved by the City Administrative Committee of the period or the Government (for the city of Hanoi) (see Article 17).

Article 43: In each ward, there shall be established a Ward Administrative Committee consisting of three regular members (one Chairman, one Vice-Chairman, and one Secretary) and two alternate members. When electing, the Chairman, Vice-Chairman, and Secretary shall be elected separately.

Article 44: All voters of the Municipal People's Council who have their place of origin or residence in the ward (must report to the Ward Committee upon moving in) have the right to vote for the Ward Administrative Committee.

Article 45: All voters of the Ward Administrative Committee have the right to run for election to the Ward Administrative Committee if they can read and write the national language.

Article 46: The rules for electing Ward Administrative Committees shall be stipulated by the Ministerial Decree of the Minister of Interior Affairs.

Article 47: The Ward Administrative Committee must be approved by the Municipal Administrative Committee before taking office. Any member not approved must be re-elected. If the member is again elected, the Municipal Administrative Committee must recognize them.

Article 48: The term of office of the Ward Administrative Committee is one year.

Article 49: When two-fifths (2/5) of the voters request a recall vote on the Ward Administrative Committee, the Ward Administrative Committee must immediately organize a confidence vote. During the vote, committee members also have the right to vote like other voters. If more than half of the total number of voters voting do not have confidence in the Ward Administrative Committee, the Ward Administrative Committee is compelled to resign.

Article 50: When the Ward Administrative Committee does not comply with orders from higher authorities, the Municipal Administrative Committee may dissolve the Ward Administrative Committee.

Article 51: When a member of the Ward Administrative Committee commits an offense while performing their duties, the Municipal Administrative Committee may either reprimand or remove the offending member from their position.

If the offense of the member violates criminal law, the member will be brought to court for prosecution.

Article 52: When the Ward Administrative Committee is compelled to resign or is dissolved according to Articles 49 and 50, within five days, the Municipal Administrative Committee shall convene the ward voters to elect replacements.

When some members are removed or resign, the alternate members shall be appointed in order.

PART 2 - POWERS AND LIMITATIONS

Article 53: The powers of the Ward Administrative Committee are as follows:

1- To convey the wishes of the ward residents to the Municipal Administrative Committee.

2- To assist the Municipal Administrative Committee in implementing orders from higher authorities and resolutions of the Municipal People's Council within the ward.

3- To assist specialized agencies within the scope of the ward.

4- To issue documents within the ward according to Decree No. 39 dated November 15, 1945.

SECTION 3 - OPERATING PROCEDURES

Article 54: The Ward Administrative Committee is a permanent body.

Article 55: The Ward Administrative Committee always meets in closed session.

Chapter 4

GENERAL PRINCIPLES

Article 56: A person may simultaneously serve in both the Ward Administrative Committee and the Municipal People's Council. However, if that person is then elected to the Municipal Administrative Committee, they must either resign from their position as a member of the Ward Administrative Committee or decline the position as a member of the Municipal Administrative Committee.

Article 57: Articles 64 and 65 of Decree No. 63 dated November 22, 1945 also apply to Ward Administrative Committees and Municipal Administrative Committees and to the Municipal People's Council.

Article 58: When the agencies and organizations established under this Decree have been set up and assumed their duties, the existing provisional People's Committees of cities and wards shall be dissolved.

Article 59: The Minister of Interior shall implement this Decree.