Law on Organization of the People's Councils and People's Committees No. 11/2003/QH11

Instrument and legal basis

This is the Law on Organization of the People's Councils and People's Committees, No. 11/2003/QH11, enacted by the National Assembly of the Socialist Republic of Vietnam. It rests principally on the 1992 Constitution as amended and supplemented by Resolution No. 51/2001/QH10 of 25 December 2001 (National Assembly, 10th legislature, 10th session).

The Law governs the organization and operation of the People's Councils and the People's Committees. It defines each body's nature: the People's Council is the local organ of State power, elected by the People, while the People's Committee is elected by the People's Council and functions as the executive organ of the People's Council and the local State administrative body.

Scope and organizational structure

The Law applies to the People's Councils and People's Committees at all three administrative levels: provincial level (Province and centrally-run City), district level (Rural district, Urban district, Town and provincial City), and commune level (Commune, Ward and Township). For each level, the Law sets out the mandate of both bodies across sectors including the economy, education, health, culture and social affairs, science and technology, national defence and security, implementation of ethnic and religious policy, enforcement of law, and the building of local government.

The term of each People's Council legislature is fixed, together with the corresponding terms of the People's Committee, its President, Vice-Presidents and members. The Standing Bodies of the People's Councils and, at provincial and district level, the Boards (committees) of the People's Council are established as standing and specialised organs.

People's Council: sessions and powers

The People's Council decides local matters by resolution adopted in session, including plans for socio-economic development, budgets, and measures in the assigned sectors. The Law regulates the first session of each legislature, the conduct and record-keeping of sessions, the election of the Standing Bodies and Boards, and the operating funds of the Council.

Deputies of the People's Council are the representatives of the People's will and aspirations; the Law fixes their term, rights and duties, including the right to question, the right to make proposals, and protections such as the conditions required before a sitting deputy may be dealt with. Deputies must maintain contact with and report to their electors.

Monitoring and supervision

The Law establishes the Monitoring (oversight) function of the People's Council, its Standing Bodies, its Boards and its deputies. This includes examining the legal documents and conduct of the People's Committee and other bodies, conducting questioning at sessions, taking votes of confidence, handling documents found contrary to law, and acting on the results of monitoring.

People's Committee: composition and operation

The People's Committee, at each level, exercises State administration in the assigned sectors: economy; agriculture, forestry and fisheries; industry and cottage industry; transport; construction and land management; trade and services; education and training; culture and information; health and social affairs; science and technology; national defence and security; ethnic and religious policy; enforcement of law; and building of local government.

The Law fixes the number of members of the People's Committee, requires it to meet monthly, and provides that it deliberates collectively while the President of the People's Committee leads and directs its work with defined personal powers and responsibilities. The specialised (line) agencies attached to the People's Committee advise and assist it in State administration. The President of the Vietnam Fatherland Front Committee and the heads of mass organisations are invited to attend relevant meetings.