Law on Organization of Local Government No. 77/2015/QH13

Instrument and legal basis

This is the Law on Organization of Local Government No. 77/2015/QH13, enacted by the National Assembly of the Socialist Republic of Vietnam (13th legislature) on the basis of the Constitution of the Socialist Republic of Vietnam. The Law was passed on 19 June 2015 and takes effect on 1 January 2016. On its effective date it replaces the Law on Organization of the People's Councils and People's Committees No. 11/2003/QH11.

The Law governs the organization of Local administrations at each administrative unit, defining the composition, tasks, powers and working relationships of the People's Council and the People's Committee, and the order and procedures for establishing, reorganizing and dissolving administrative units.

Administrative units and classification

The Law defines the administrative units of the Socialist Republic of Vietnam: provinces and centrally-run cities at the provincial level; rural districts, urban districts, provincial towns, cities under a province and cities under a centrally-run city at the district level; communes, wards and townships at the commune level; plus islands and special administrative-economic units established by the National Assembly.

Administrative units are classified according to statutory criteria (population size, natural area, level of socio-economic development and specific characteristics of each type of unit) as a basis for organizing the apparatus and applying policy.

Structure of Local administrations

Local administrations comprise a People's Council and a People's Committee organized in accordance with the type of administrative unit. The People's Council is the local organ of State power, elected by and accountable to the People; the People's Committee, elected by the People's Council, is the executive organ of the People's Council and the local organ of State administration.

The Law sets out, level by level (province, district and commune, and their urban and island variants), the organizational structure, tasks and powers of the People's Council and People's Committee, and the specialized agencies of the People's Committee. It also provides a distinct regime for special administrative-economic units, whose organization the National Assembly decides case by case.

Allocation of authority

The Law delimits authority between central bodies and Local administrations and among the levels of Local administration through the mechanisms of decentralization of power (phan quyen), delegation of tasks (phan cap) and authorization (uy quyen), each to be exercised only where the Law so provides and subject to conditions ensuring resources and accountability.

Operation of the People's Council

The People's Council works chiefly through its sessions. The Law regulates the convening, agenda, guests and conduct of sessions; the election, resignation and dismissal of officeholders; the procedure for passing and promulgating resolutions; and the Council's monitoring activity, including the taking of confidence votes (lay phieu tin nhiem) and the casting of a vote of confidence (bo phieu tin nhiem) in persons holding positions elected by the Council.

It sets out the responsibilities of delegates to the People's Council, their duty to attend sessions and to keep contact with voters, and their rights of interpellation, recommendation and immunity, together with the conditions guaranteeing their activity and the rules for termination or removal of their mandate.

Establishment, dissolution and adjustment of units

The Law prescribes the principles, competence and order and procedures for establishing, dissolving, merging, dividing and adjusting the boundaries of administrative units, and for organizing Local administration where such changes occur. A scheme for the change must be drawn up and the opinion of the People in the affected area must be canvassed before the competent authority decides.

Effect and transition

The Law enters into force on 1 January 2016 and supersedes Law No. 11/2003/QH11 on Organization of the People's Councils and People's Committees, providing the framework within which existing Local administrations continue to operate and are reorganized under the new provisions.