Decree No. 91/SL Regarding the Merger of the Anti-French Resistance Committee (AFRC) and Administrative Committee (AC) from Provincial Level Downwards

DECREE

OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

NUMBER 91-SL ON OCTOBER 1, 1947

PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT

PURSUANT TO DECREE NO. 63 DATED NOVEMBER 22, 1945 AND DECREE NO. 77 DATED DECEMBER 21, 1945 ON THE ORGANIZATION OF POPULAR ADMINISTRATIVE AUTHORITIES AND EXECUTIVE COMMITTEES;

PURSUANT TO DECREE NO. 1-SL DATED DECEMBER 18, 1946 ON THE ESTABLISHMENT OF PROTECTION COMMITTEES AND THE JOINT ORDER NO. 6-NV/CT DATED DECEMBER 18, 1946 FOR IMPLEMENTATION OF THAT DECREE;

PURSUANT TO DECREE NO. 3-NV, SL DATED DECEMBER 28, 1946 SUSPENDING ELECTIONS TO THE PEOPLE'S COUNCIL AND EXECUTIVE COMMITTEE;

PURSUANT TO DECREE NO. 78-SL DATED SEPTEMBER 3, 1947 ON THE REORGANIZATION OF RESISTANCE ZONE COMMITTEES;

PURSUANT TO THE DECISION OF THE STATE COUNCIL AT ITS MEETINGS HELD ON JULY 5, 1947, JULY 19, 1947, AUGUST 17, 1947, AND SEPTEMBER 12, 1947;

PURSUANT TO THE DECISION OF THE JOINT STATE COUNCIL AT ITS MEETING HELD ON SEPTEMBER 13, 1947;

AFTER CONSULTATION WITH THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY;

ISSUES THE DECREE:

Article 1

DURING THE RESISTANCE PERIOD AT THE PROVINCE, DISTRICT, PREFECTURE, OR CHIEFSHIP LEVELS, AND AT THE COMMUNE LEVEL, THE RESISTANCE COMMITTEE AND THE EXECUTIVE COMMITTEE SHALL BE COMBINED INTO A RESISTANCE COMMITTEE WITH ADMINISTRATIVE FUNCTIONS, ABBREVIATED AS THE RACAC (RESISTANCE COMMITTEE WITH ADMINISTRATIVE FUNCTIONS);

Article 2

THE COMPOSITION OF THE RACAC AT EACH LEVEL IS AS FOLLOWS:

AT THE COMMUNE LEVEL: 5 EXECUTIVE MEMBERS,

1 MILITARY MEMBER, TOTALING 7 MEMBERS

1 POPULAR MEMBER

AT THE DISTRICT, PREFECTURE, OR CHIEFSHIP LEVEL:

3 EXECUTIVE MEMBERS,

1 MILITARY MEMBER, TOTALING 7 MEMBERS

3 POPULAR MEMBERS

AT THE PROVINCE LEVEL: 3 EXECUTIVE MEMBERS,

1 MILITARY MEMBER, TOTALING 7 MEMBERS

3 POPULAR MEMBERS

Article 3

AT THE PROVINCE LEVEL, IF THERE IS A NATIONAL DEFENSE UNIT REPRESENTATIVE, THEN THE NATIONAL DEFENSE UNIT REPRESENTATIVE WILL ASSUME THE ROLE OF THE OFFICIAL MILITARY MEMBER. THE LOCAL GUARD REPRESENTATIVE HAS THE RIGHT TO PARTICIPATE BUT WITHOUT VOTING RIGHTS. IF THERE IS NO NATIONAL DEFENSE UNIT REPRESENTATIVE, THEN THE LOCAL GUARD REPRESENTATIVE WILL BE APPOINTED AS THE OFFICIAL MILITARY MEMBER.

AT THE PREFECTURE, DISTRICT, OR CHIEFSHIP LEVELS, AND AT THE COMMUNE LEVEL, THE MILITARY MEMBER IS A LOCAL GUARD REPRESENTATIVE.

Article 4

IN THE ESTABLISHMENT OF THE RACAC, THE MEMBERS OF THE OLD EXECUTIVE COMMITTEE AND THE OLD RESISTANCE COMMITTEE, ACCORDING TO THE DECISION OF THE SUPERIOR RACAC, WILL BECOME MEMBERS OF THE RACAC. REPLACEMENTS FOR EXECUTIVE AND RESISTANCE COMMITTEE MEMBERS AT THE PROVINCE LEVEL WILL BE DECIDED BY THE RESISTANCE ZONE COMMITTEE.

Article 5

THE SELECTION OF REPLACEMENTS FOR WEAK EXECUTIVE MEMBERS IN THE RACAC WILL BE CONDUCTED AS FOLLOWS:

- AT THE COMMUNE LEVEL, THEY WILL BE ELECTED BY THE COMMUNE PEOPLE'S COUNCIL AND APPROVED BY THE RACAC AT THE PREFECTURE, DISTRICT, OR CHIEFSHIP LEVEL;

- AT THE PREFECTURE, DISTRICT, OR CHIEFSHIP LEVEL, THEY WILL BE ELECTED BY THE COMMUNE PEOPLE'S COUNCILS AND APPROVED BY THE RACAC AT THE PROVINCE LEVEL;

- AT THE PROVINCE LEVEL, THEY WILL BE ELECTED BY THE PROVINCE PEOPLE'S COUNCIL AND APPROVED BY THE RESISTANCE ZONE COMMITTEE.

Article 6

THE SELECTION OF REPLACEMENTS FOR MILITARY MEMBERS WHO ARE WEAK OR DO NOT SATISFY CLAUSE 3 WILL BE PROPOSED BY THE SUPERIOR MILITARY MEMBER AND APPROVED BY THE SUPERIOR BOARD.

, Clause 1, Clause 2 Article 7a of this Regulation.

THE SELECTION OF REPLACEMENTS FOR POPULAR MEMBERS WHO ARE WEAK IN THE RACAC WILL BE PROPOSED BY THE CHAIRMAN OF THE SUPERIOR RACAC AND APPROVED BY THE SUPERIOR BOARD.

Article 8

THE SELECTION OF REPLACEMENTS FOR RACAC MEMBERS FOR OTHER REASONS (DEATH, RESIGNATION, ETC.) WILL ALSO FOLLOW THE PROCEDURES SET OUT IN ARTICLES 5, 6, AND 7.

Article 9

THE MEMBERS OF THE RACAC AT EACH LEVEL WILL ELECT ONE CHAIRPERSON AND ONE VICE CHAIRPERSON.

IF THE ELECTED CHAIRPERSON IS AN EXECUTIVE MEMBER, THEN THE VICE CHAIRPERSON MUST BE SELECTED AMONG THE MILITARY OR POPULAR MEMBERS.

IF THE ELECTED CHAIRPERSON IS NOT AN EXECUTIVE MEMBER, THEN THE VICE CHAIRPERSON MUST BE SELECTED AMONG THE EXECUTIVE MEMBERS.

THE RESULTS OF THE ELECTIONS WILL BE APPROVED BY THE SUPERIOR RACAC. THE RESULTS OF THE ELECTIONS FOR THE CHAIRPERSON AND VICE CHAIRPERSON OF THE PROVINCE RACAC WILL BE APPROVED BY THE RESISTANCE ZONE COMMITTEE AND REPORTED TO THE GOVERNMENT.

Article 10

THE RELATIONS BETWEEN THE RACAC AT DIFFERENT LEVELS AND THE OLD RESISTANCE ZONE COMMITTEE WILL FOLLOW THE PREVIOUS ORGANIZATIONAL SYSTEM.

Article 11

IN TERMS OF ADMINISTRATION, THE RELATIONS BETWEEN THE RACAC AND BODIES SUCH AS THE PEOPLE'S COUNCIL, THE MINISTRY OF INTERIOR, ETC., WILL BE SIMILAR TO THE RELATIONS BETWEEN THE OLD RESISTANCE COMMITTEES AND THE BODIES MENTIONED ABOVE.

Article 12

THE RACAC AND THE RESISTANCE ZONE COMMITTEES ARE SUBJECTED TO THE CONTROL AND OVERSIGHT OF THE JOINT STATE COUNCIL (MINISTRY OF INTERIOR - MINISTRY OF NATIONAL DEFENSE - MINISTRY OF JUSTICE - MINISTRY OF ECONOMY - MINISTRY OF FINANCE - COMMANDER-IN-CHIEF OF THE NATIONAL ARMED FORCES).

ALL DOCUMENTS WILL BE COLLECTED AT THE OFFICE OF THE CHAIRMAN OF THE GOVERNMENT.

Article 13

IN ADDITION TO THE PROVINCE, PREFECTURE, DISTRICT, OR CHIEFSHIP, AND COMMUNE RACACs, A DECREE WILL DESIGNATE WHICH CITIES NEED TO ESTABLISH CITY RACACs.

Article 14

ANY PROVISIONS CONTRARY TO THIS DECREE ARE ABROGATED.

Article 15

THE MINISTERS OF THE MINISTRY OF INTERIOR, THE MINISTRY OF NATIONAL DEFENSE, THE MINISTRY OF FINANCE, THE MINISTRY OF JUSTICE, THE MINISTRY OF ECONOMY, THE COMMANDER-IN-CHIEF OF THE NATIONAL ARMED FORCES, AND THE DIRECTOR OF THE CHAIRMAN OF THE GOVERNMENT'S OFFICE SHALL IMPLEMENT THIS DECREE.