| THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
| No. 725/2009/UBTVQH12 | Hanoi, January 16,2009 |
RESOLUTION
ON ADJUSTING THE TASKS AND POWERS OF PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES OF PROVINCES AND CENTRALLY RUN CITIES AND DEFINING THE TASKS, POWERS AND ORGANIZATIONAL APPARATUS OF PEOPLE'S COMMITTEES OF RURAL DISTRICTS, URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam already amended and supplemented under Resolution No. 51/2001/QH10;
Pursuant to Resolution No. 26/2008/QH12 of November 15, 2008, of the Xir'1 National Assembly, the 4'h session, on the trial non-organization of People s Councils of rural districts, urban districts and wards;
After considering the Government's Report No. 01/Tfr-CP of January 2, 2009, on the draft resolution of the Standing Committee of the National Assembly on adjusting the tasks and powers of People's Councils and People's Committees of provinces and centrally run cities and defining the tasks, powers and organizational apparatus of People's Committees of rural districts, urban districts and wards where no People's Council is organized, and Verification Report No. 672/BC-UBPL12 of January 14. 2009, of the Law Committee of the National Assembly;
RESOLVES:
Chapter I
GENERAL PROVISIONS
Article 1.
This Resolution transfers several tasks and powers of People's Councils of rural districts and urban districts where no People's Council is organized on a trial basis to People's Councils and People's Committees of provinces and centrally run cities; and defines the tasks, powers and organizational apparatus of People's Committees of rural districts, urban districts and wards and the competence, order and procedures for appointing, relieving from duty and dismissing presidents and other members of People's Committees of rural districts, urban districts and wards where no People's Council is organized.
Article 2.
This Resolution applies to People's Councils and People's Committees of provinces and centrally run cities and People's Committees of rural districts, urban districts and wards where no district or ward People's Council is organized under Resolution No. 724/2009/UBTVQH12 of January 16. 2009. of the Standing Committee of the National Assembly on the list of rural districts, urban districts and wards of provinces and centrally run cities where the trial non-organization of People's Councils of rural districts, urban districts and wards is implemented.
Chapter II
TASKS AND POWERS OF PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES OF PROVINCES AND CENTRALLY RUN CITIES WITH RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE' COUNCIL IS ORGANIZED
Article 3.
The People's Councils of provinces and centrally run cities with rural districts, urban districts and wards where no People's Council is organized shall perform the tasks and powers defined in Articles 11 thru 18 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:
1. To elect people's juries of People's Courts of rural districts and urban districts at the recommendation of the Fatherland Front Committees of provinces or centrally run cities; relieve from duty and dismiss people's juries of People's Courts of rural districts and urban districts at the proposal of the presidents of People's Courts of provinces or centrally run cities after reaching agreement with the Vietnam Fatherland Front Committees of the same level;
2. To oversee operations of People's Committees, People's Courts and People's Procuracies of rural districts and urban districts;
3. To cancel part or the whole of unlawful resolutions of People's Councils of communes or townships;
4. To dissolve People's Councils of communes or townships which seriously infringe upon people's interests.
Article 4.
The People's Committees of provinces with rural districts and wards where no People's Council is organized shall perform the tasks and powers defined in Articles 82 thru 95 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:
1. To approve socio-economic development plannings, plans, programs and schemes of People's Committees of rural districts;
2. To direct People's Committees of rural districts to perform socio-economic development tasks, consolidate defense and security and assure people's life in their districts.
Article 5.
The People's Committees of centrally run cities with rural districts, urban districts and wards where no People's Councils is organized shall perform the tasks and powers defined in Articles 82 thru 95 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:
1. To approve socio-economic development plannings, plans, programs and schemes of People's Committees of rural districts and urban districts;
2. To decide on measures to ensure uniform implementation of urban plannings in urban districts;
3. To decide on measures to ensure public and traffic order; to prevent and fight fires and explosives and protect the environment and urban landscape in urban districts;
4. To decide on general plannings on construction of urban centers in rural districts;
5. To decide on transport network development plannings and plans in rural districts and urban districts;
6. To direct People's Committees of rural districts and urban districts to perform socioeconomic development tasks, consolidate defense and security and assure people's life in their districts.
Chapter III
TASKS, POWERS, ORGANIZATION AND OPERATION OF PEOPLE'S COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED
Section I. TASKS AND POWERS OF PEOPLES COMMITTEES OF RURAL DISTRICTS. URBAN DISTRICTS AND WARDS WHERE NO PEOPLE'S COUNCIL IS ORGANIZED
Article 6.
The People's Committees of rural districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 3 and 4, Article 97. Clauses 2,3,4 and 5, Article 98, Articles 99 thru 106, and Clauses 1,2,3 and 4, Article 107 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:
1. To formulate annual socio-economic development plans and submit them to provincial-level People's Committees for approval; to organize and examine the implementation of these plans after they are approved;
2. To make state budget revenue estimates in localities, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for submission to their People's Councils for decision.
Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in localities, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.
To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for submission to their People's Councils for ratification;
3. To formulate plannings, plans and programs to encourage agricultural, forestry, fishing and salt-making development in localities, and submit them to provincial-level People's Committees for approval; to organize the implementation of these plannings. plans and programs after they are approved.
Article 7.
The People's Committees of urban districts where no People's Council is organized shall perform the tasks and powers defined in Clauses 3 and 4. Article 98, Article 99. Clauses 2. 3 and 4, Article 100, Articles 101 thru 106, and Clauses 1.2, 3 and 4, Article 107. and Article 109 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:
1. To formulate annual socio-economic development plans and submit them to municipal People's Committees for approval; to organize and examine the implementation of these plans after they are approved;
2. To make state budget revenue estimates in localities, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for submission to their People's Councils for decision.
Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in localities, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.
To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for submission to their People's Councils for ratification;
3. To approve socio-economic development plans of wards.
Article 8.
The People's Committees of wards where no People's Council is organized shall perform the tasks and powers defined in Clauses 3.4 and 5. Article 111. Clauses 1. 2 and 4. Article 112. Clauses 2, 3 and 4. Article 113, Articles 114 thru 117. and Clauses 2. 3 and 4. Article 118 of the Law on Organization of People's Councils and People's Committees and other relevant laws, and the following tasks and powers:
1. To formulate annual socio-economic development plans and submit them to immediately higher People's Committees for approval: to organize the implementation of these plans after they are approved;
2. To make state budget revenue estimates in their wards, local budget revenue and expenditure estimates, and report them to immediately higher People's Committees for decision. For wards under towns or provincial cities, they shall report them to immediately higher People's Committees for submission to their People's Councils for decision.
Pursuant to the assigned budget estimates, to decide on specific state budget revenue estimates in their wards, local revenue and expenditure estimates and distribute budgets of their level, adjust local budget estimates when necessary, decide on policies and measures to implement budgets and report to immediately higher People's Committees on results of distribution and assignment of local budget estimates.
To make local budget revenue and expenditure settlements and report them to immediately higher People's Committees for approval. For wards under towns or provincial cities, they shall report them to immediately higher People's Committees for submission to their People's Councils for ratification;
3. To organize uniform implementation of socio-economic development plans and urban plannings. building of urban civilized lifestyles, prevention and combat of social evils, preservation of order, sanitation, cleanliness and beauty of street quarters, street beds, pavements, public order and urban landscape in their wards;
4. To coordinate with the Vietnam Fatherland Front Committees of the same level in setting up groups of election of National Assembly deputies and groups of election of People's Council deputies; to organize the election of National Assembly deputies and People's Council deputies in accordance with law.
