How is the total number of delegates of the Province-level People's Council determined? What are the duties of the Province-level People's Council in the implementation of the Constitution of Vietnam?
How is the total number of delegates of the Province-level People's Council determined?
According to the provisions of Article 18 of the 2015 Law on Organizing the Local Government of Vietnam (amended and supplemented by Clause 8 Article 2 of the 2019 Law on Amendments to some articles of the Law on Government Organization and the Law on Local Government Organization) on the organizational structure of the Province-level People's Council the following:
Organizational structure of the Province-level People's Council
1. The People’s Council of a province shall be composed of delegates elected by the electorate residing in the province.
Total delegates of the People’s Council of a province shall be determined according to the following rules:
a) The mountainous or elevated province populated by five hundred thousand inhabitants or less is entitled to elect fifty delegates; as for that populated by more than five hundred thousand inhabitants, one delegate will be additionally elected for an increase by fifty thousand inhabitants but the total number of delegates to be elected shall not exceed seventy-five;
b) The province not mentioned in Point a of this Clause and populated by one million inhabitants or less is entitled to elect fifty delegates; as for that populated by more than one million inhabitants, one delegate will be additionally elected for an increase by seventy thousand inhabitants but the total number of delegates to be elected shall not exceed eighty-five.
Thus, total delegates of the People’s Council of a province shall be determined according to the following rules:
- The mountainous or elevated province populated by five hundred thousand inhabitants or less is entitled to elect fifty delegates; as for that populated by more than five hundred thousand inhabitants, one delegate will be additionally elected for an increase by fifty thousand inhabitants but the total number of delegates to be elected shall not exceed seventy-five;
- The province not mentioned in Point a of this Clause and populated by one million inhabitants or less is entitled to elect fifty delegates; as for that populated by more than one million inhabitants, one delegate will be additionally elected for an increase by seventy thousand inhabitants but the total number of delegates to be elected shall not exceed eighty-five.
How is the total number of delegates of the Province-level People's Council determined? What are the duties of the Province-level People's Council in the implementation of the Constitution of Vietnam?
What are the duties of the Province-level People's Council in the implementation of the Constitution of Vietnam?
Pursuant to the provisions of Clause 1, Article 19 of the 2015 Law on Organizing the Local Government of Vietnam, during the process of organizing and ensuring the implementation of the Constitution and legislation, the province-level People's Council shall perform its duties and exercise its powers as follows:
- Promulgate the resolution on issues that fall within duties and powers of the province-level People’s Council;
- Decide on measures to maintain social order and safety, and prevent and combat crimes and other law violations, and prevent and struggle against bureaucracy or corruption under its delegated authority; measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of civilians residing in the province;
- Decide measures to perform duties and exercise powers decentralized by superior-level state organs; decide to decentralize duties and powers of province-level governments to district-level and commune-level local governments and inferior-level government agencies;
- Abolish part or all of law-breaking documents issued by the province-level People’s Committee and the President of the province-level People’s Committee; abolish part or all of law-breaking documents issued by the district-level People’s Council;
- Dissolve the district-level People’s Council if this People's Council causes serious harm to the People's interests and request National Assembly Standing Committee to approve this dissolution; approve resolutions of the district-level People’s Council on dissolution of the commune-level People’s Council.
What are the duties of the Province-level People's Council in the government construction?
Pursuant to Clause 2, Article 19 of the 2015 Law on Organizing the Local Government of Vietnam a number of phrases have been abolished by Clause 32, Article 2 of the 2019 Law on Amendments to some articles of the Law on Government Organization and the Law on Local Government Organization, in the course of the government construction, the province-level People’s Council shall implement the following duties and powers:
- Elect, discharge and dismiss the Chairperson of the People's Council, Vice Chairperson of the People's Council, Head, Vice Head of the Committee of the province-level People's Council; elect, discharge and dismiss the President of the People’s Committee, Vice President of the People’s Committee, and members of the province-level People’s Committee, from office; elect, discharge and dismiss jurors of the province-level People’s Court from office;
- Hold a vote on and cast its vote for confidence in present incumbents elected by the province-level People’s Council in accordance with regulations laid down in Article 88 and Article 89 enshrined in this Law;
- Dismiss delegates of the province-level People’s Council from office and accept the resignation of delegates of the province-level People’s Council from office;
- Issue a decision to establish or dissolve professional divisions of the province-level People's Committee;
- Grant a decision on the structure of civil servants working for divisions of the People's Council, the People's Committee and public administrative units of the all-level People's Committee within the province according to the permitted number of personnel approved by the Government; the number and level of allowances paid to part-time position holders working at communes, villages, residential quarters, and approve the total number of employees working for public administrative units that fall within the remit of province-level authorities in accordance with the Government’s regulations;
- Make a decision to establish, dissolve, merge and split villages and residential quarters; choose or change names of villages, residential quarters, streets, alleys, squares and public structures at local areas in accordance with legal regulations.
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