Duties and powers of the provincial People's Council of Vietnam from March 1, 2025

Duties and powers of the provincial People's Council of Vietnam from March 1, 2025​ (Image from the internet)

On February 19, 2025, the National Assembly passed the Law on Organization of Local Government 2025, effective from March 1, 2025.

Duties and powers of the provincial People's Council of Vietnam from March 1, 2025

Article 15 of the Law on Organization of Local Government 2025 stipulates the duties and powers of the Provincial People's Council as follows:

(1) The Provincial People's Council exercises the following duties and powers:

- Deciding on measures to ensure the implementation of the Constitution and laws in the locality;

- Deciding on strategies and plans for long-term, medium-term, and annual socio-economic development; planning and developing sectors and fields of the locality according to law;

- Deciding on the estimate of state budget revenue in the locality; local budget revenue and expenditure estimates and allocation of its budgetary estimates; adjusting the local budget estimates when necessary; approving the settlement of local budgets; deciding on issues related to fees, charges, and borrowing of funds according to the law;

- Deciding on mechanisms, policies, and measures to develop financial, investment, science, technology sectors, innovation, digital transformation, land, resources, environment, trade, services, industry, agriculture, construction, transportation, education, health, judicial administration, internal affairs, labor, social affairs, culture, information, tourism, sports of the locality according to law;

- Deciding measures to implement ethnic and religious policies; measures to ensure national defense, security, social order, safety, foreign affairs; measures to protect the assets of agencies and organizations, safeguard the life, freedom, honor, dignity, assets, lawful rights, and interests of citizens, ensure human rights, combat corruption, negativity, waste, combat crimes and other legal violations in the locality according to the law;

- Based on the guidelines of the Communist Party, deciding to pilot special, unique policies not yet stipulated in the law to promote socio-economic development in the locality after reporting and receiving permission from the Prime Minister of the Government of Vietnam;

- Issuing working regulations of the People's Council, Standing Committee of the People's Council, Committees of the People's Council, Delegation of the People's Council, and delegates of the People's Council at its level;

- Deciding on the establishment, reorganization, renaming, dissolution of specialized agencies under the People's Committee at the same level according to the law;

- Deciding on the staffing of officials in the agencies of local government at all levels according to the staffing indicators assigned by the competent authority; deciding the total number of people working for salary in public service providers within the management scope; deciding the total number and allowance levels for non-specialized personnel in communes, villages, and residential groups; deciding talent promotion policies, attraction, and encouragement policies for officials and public employees, and workers working locally suitable to the conditions and budget capabilities of the locality;

- Reviewing and giving opinions on the establishment, dissolution, merger, division of administrative units, adjusting boundaries, and renaming administrative units in the locality;

- Deciding on naming, renaming streets, roads, squares, public works in the locality according to the law;

- Electing, relieving, dismissing the Chairman, Vice-Chairman of the People's Council, Head of the Committees of the People's Council at its level; Chairman, Vice-Chairman, Members of the People's Committee at the same level; electing, relieving, dismissing jurors according to the law;

- Conducting votes of confidence, votes of no confidence against persons holding positions elected by the People's Council according to the law;

- Supervising the implementation of the Constitution, laws in the locality, and the implementation of resolutions of the People's Council at its level; supervising the operations of the Standing Committee of the People's Council, Committees of the People's Council at its level; supervising the operations of the People's Committee, People's Court, People's Procuracy at the same level, other agencies in the locality according to the law;

- Dismissing delegates of the People's Council and approving a delegate of the People's Council at its level to resign from the duty according to the law;

- Issuing resolutions on issues under the duties and powers of the People's Council at its level; repealing, amending, or supplementing documents issued by itself if found unsuitable or contrary to the law;

- Annulling part or all of unlawful documents of the People's Committee, Chairman of the People's Committee at the same level, and the People's Council at the district level;

- Dissolving the People's Council at the district level in case that People's Council causes severe damage to the interests of the People and submits it to the Standing Committee of the National Assembly for approval;

- Performing delegated duties and powers and other duties and powers as prescribed by law.

(2) The People's Council of centrally-governed cities performs the duties and powers specified in clause (1) and the following duties and powers:

- Deciding strategies, mechanisms, policies, measures to develop socio-economics, urban infrastructure, sectors, and fields in the locality according to the law;

- Deciding measures to promote the central socio-economic role of major urban areas in connection with localities in the region, area, and the entire country according to the law;

- Deciding measures to manage the urban population in the city and organize urban resident life according to the law.

Provisions on the People's Council of Vietnam from March 1, 2025

- The People's Council consists of delegates elected by local voters, is the state authority in the locality, representing the will, aspirations, and mastery of the People, accountable to the local People and upper-level state agencies.

- A delegate of the People's Council represents the will, aspirations of the local People, accountable to local voters and the People's Council for the fulfillment of their delegate duties and powers.

- A delegate of the People's Council must meet the following standards:

+ Loyal to the Fatherland, the People, and the Constitution, endeavor to carry out reforms for the goals of a prosperous people, strong country, democracy, justice, civilization;

+ Possess only one nationality, which is Vietnamese nationality;

+ Have good moral qualities, diligence, thriftiness, integrity, impartiality, exemplify law observance; have the courage to fight corruption, negativity, waste, all expressions of bureaucracy, arbitrariness, authoritarianism, and other legal violations;

+ Have a cultural, professional level, sufficient competence, health, work experience, and reputation to fulfill the duties of a delegate; have conditions to participate in the activities of the People's Council;

+ Reside or work at agencies, organizations, enterprises in the administrative unit where they are a delegate of the People's Council;

+ Maintain close contact with the People, listen to the People’s opinions, trusted by the People.

- The term of each session of the People's Council is 05 years from the date of commencement of the first session of that term to the date of commencement of the first session of the subsequent term.

At the latest, 45 days before the People's Council term ends, a new session of the People's Council must be elected. The shortening or extension of the People's Council term is decided by the National Assembly on the recommendation of the Standing Committee of the National Assembly.

- The Standing Committee of the National Assembly supervises and guides the activities of the People's Council, issues a sample Working Regulations for the People's Council. The Government of Vietnam guides and inspects the People's Council in implementing documents of upper-level state agencies; facilitates the People's Council to perform duties and powers as stipulated by law.

(Article 5 of the Law on Organization of Local Government 2025)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE