Organizational structure of local government of the urban district in Vietnam

Organizational structure of local government of the urban district in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Local government of the urban district in Vietnam

According to Article 44 of the Law on Organization of Local Government 2015 (amended 2019), local government of the urban district is the level of local government, unless otherwise prescribed by the National Assembly. The level of local government of a district shall be composed of the district-level People's Council and the district-level People’s Committee.

Specifically, the organizational structure of the District People's Council and the District People's Committee according to Articles 46 and 48 of the Law on Organization of Local Government 2015 (amended 2019) is as follows:

* Organizational structure of the district-level People’s Council in Vietnam:

- The People’s Council of a district shall be composed of delegates elected by the electorate residing in the district.

Total delegates of the People’s Council of a district shall be determined according to the following rules:

= The district populated by one hundred thousand inhabitants is entitled to elect thirty delegates; as for that populated by more than one hundred thousand inhabitants, one delegate will be additionally elected for an increase by fifteen thousand inhabitants but the total number of delegates to be elected shall not exceed thirty-five;

= The number of elected delegates of the People's Council governing the district comprising at least thirty wards shall be decided by the Standing Committee of the National Assembly as requested by the Standing Committee of the People's Council of the central-affiliated city, but the total number of delegates to be elected shall not exceed forty.

- The Standing Committee of the district-level People’s Council shall be composed of the Chairperson, one Vice Chairperson of the district-level People’s Council and members who hold the position as the Heads of committees of the district-level People's Council.

The Chairperson of the district-level People’s Council may be the full-time delegate of the People’s Council; the Vice Chairperson of the district-level People’s Council is the part-time delegate of the People’s Council.

- The district-level People’s Council shall establish the Committee on Legislation, Economy – Society. Each committee of the district-level People’s Council shall be composed of the Head, one Vice Head and Members. The number of members working for such committees of the district-level People’s Council shall be decided by the district-level People’s Council.

The Head of each committee of the district-level People’s Council may be the full-time delegate of the People’s Council; the Vice Head of each committee of the district-level People’s Council is the full-time delegate of the People’s Council.

- Delegates of the district-level People’s Council elected from one or various electoral unit(s) shall constitute the Delegate Coalition of the People's Council. The number of the Delegate Coalitions of the People’s Council, the Coalition Leader and Vice Leader, shall be decided by the Standing Committee of the district-level People’s Council.

* Organizational structure of the district-level People’s Committee in Vietnam:

- The district-level People’s Committee shall be composed of the President, Vice Presidents and Members.

The first-grade district-level People’s Committee shall be composed of a maximum of three Vice Presidents; the second- and third-grade district-level People’s Committee shall be composed of a maximum of two Vice Presidents.

The district-level People’s Committee’s members shall be composed of members who hold the position as heads of its professional affiliates of the district-level People’s Committee, those in charge of military affairs and those in charge of public security affairs.

- Professional affiliates of the district-level People’s Committee shall comprise divisions and division-level agencies.

2. Duties and powers of the local government of the district in Vietnam

Duties and powers of the local government of the district according to Article 45 of the Law on Organization of Local Government 2015 are as follows:

- Arrange and ensure the enforcement of the Constitution and legislation throughout the district.

- Make a decision on district-related issues within their decentralized or delegated powers as stipulated by this Law and other relevant law regulations.

- Implement duties and powers delegated by superior-level State organs.

- Examine and supervise organization and operation of the local government of the ward.

- Assume its responsibility to the local government of the centrally-governed city for the result of implementation of duties and powers of the local government of that district.

- Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security assurance throughout the district’s territory.

Le Truong Quoc Dat

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