Law on the Organization of People's Councils and People's Committees

Instrument and legal basis

This is the Law on the Organization of People's Councils and People's Committees, enacted with reference to the 1992 Constitution of the Socialist Republic of Vietnam. The version supplied bears no document number ('Khong so'). The Law governs the organization and operation of People's Councils and People's Committees at all levels of local administration.

Scope and structure of local administration

The People's Council is defined as the local organ of State power, representing the will and aspirations of the People, while the People's Committee is elected by the People's Council and acts as its executive organ and the State administrative body in the locality. Both are organized and operate on the principle of democratic centralism.

People's Councils and People's Committees are established in the specified administrative units: Province and equivalent, Rural district and equivalent, and Commune and equivalent. Provincial-level and rural-district-level People's Councils have Standing Bodies of the People's Councils and specialized committees. The term of office of each People's Council is five years.

Powers of the People's Council

The Law sets out the matters the People's Council decides across defined fields: economic affairs (including local socio-economic development plans and budgets); culture, social affairs and living standards; science, technology and the environment; national defense, security and social order and safety; ethnic and religious policy; enforcement of the law; and the building of local administration and management of administrative boundaries. The Council deliberates and adopts resolutions on matters within its tasks and powers, voting by show of hands, secret ballot or other prescribed methods.

People's Council deputies

Deputies represent the will and aspirations of the People and must attend sessions, maintain close contact with voters, receive and respond to voter petitions, and may put questions to the President of the People's Council, the President of the People's Committee and other officials. Deputies may request State agencies, economic organizations and others to act on matters of public concern. The Law provides for resignation, removal for loss of the People's confidence, and loss of deputy status upon a legally effective criminal conviction, and protects deputies from arrest without the consent of the chair during sessions or of the Standing Body otherwise.

People's Committees and specialized agencies

The People's Committee organizes and directs the implementation of the Constitution, laws and higher-level documents, performs State administrative management, and manages administrative boundaries. It is elected by the People's Council of the same level and comprises a President, Vice-Presidents and members, with the number of members fixed by level. It meets at least once a month, deciding major matters collectively by majority, while the President leads and directs its work. Specialized agencies assist the People's Committee and are subject to the direction and management of both the Committee and the corresponding higher-level specialized body; the Government prescribes their organization and operation.

Reorganization of administrative units

The Law regulates the continuity of local administrations where administrative units are merged, divided, changed in administrative level or boundary, or where part of a territory and population is transferred to another unit, and addresses arrangements when a community is relocated.