Duties and powers of the President of the commune under the law in Vietnam

Duties and powers of the President of the commune under the law in Vietnam (Internet image)

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

1. Who is the president of the commune? Is the president of the commune an official or a civil servant?

Pursuant to Article 36 of the Law on organizing the local government 2015: The President of the communal People’s Committee is the Head of the communal People’s Committee.

Besides, in Clause 1, Article 3 of Decree 92/2009/ND-CP, commune-level officials have the following positions:

- Secretary, Deputy Secretary of the Party Committee;

- Chairman, Vice Chairman of the People's Council;

- Chairman, Vice Chairman of the People's Committee;

- Chairman of Vietnam Fatherland Front Committee;

- Secretary of Ho Chi Minh Communist Youth Union;

- President of Vietnam Women's Union;

- Chairman of the Vietnam Farmers' Association (applicable to communes, wards and townships engaged in agricultural, forestry, fishery and salt production activities and organized by the Vietnam Farmers' Association);

- President of Vietnam Veterans Association.

Thus, the chairman of the commune is a position belonging to the commune-level cadres.

2. Duties and powers of the President of the communal People’s Committee in Vietnam

According to Article 36 of the Law on organizing the local government 2015, duties and powers of the President of the communal People’s Committee include:

- Lead and direct tasks of the communal People’s Committee and members of the communal People’s Committee;

- Lead and direct the performance of duties to enforcement of the Constitution, laws and instruments issued by superior-level state organs, the People's Council and the People's Committee at the communal level;

Perform duties to national defense and security, and maintain social order and safety, and prevent and combat crimes and other violations against laws, and prevent and struggle against bureaucracy or corruption;

Organize the implementation of measures to secure assets owned by agencies or organizations, and protect human life, freedom, honor, dignity, property and other lawful rights and interests of citizens; implement measures to manage inhabitants living at the commune in accordance with legal regulations;

- Manage and employ organized ways to use working offices, assets and equipment and allocated government budget in an effective manner as stipulated by laws;

- Settle complaints, denunciations and violations against laws as well as hold receptions for citizens in accordance with legal regulations;

- Authorize the Vice President of the communal People’s Committee to carry out duties and powers that fall within the remit of the President of the People's Committee;

- Direct implementation of measures to protect environment, and prevent and control fire and explosion; apply measures to deal with unscheduled tasks and emergencies in preventing and responding to natural disasters, diseases and epidemics, and issues relating to social security, order and safety at the commune as prescribed by laws;

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

3. Duties and powers of the communal-level People’s Committee in Vietnam

Specifically, Article 35 of the Law on organizing the local government 2015 (amended in 2019) stipulates the tasks and powers of the Commune People's Committee in Vietnam as follows:

- Formulate and submit contents stipulated in Clause 1, 2 and 4 Article 33 of the Law on organizing the local government 2015 to the communal-level People’s Council, and organize the implementation of resolutions issued by the communal-level People’s Council.

+ Promulgate the resolution on issues that fall within duties and powers of the communal-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 citizens residing at the commune.

+ Approve the annual socio - economic development plan of the commune before submitting it to the People’s Committee of the district for approval.

Decide the estimate of government revenues at the commune; decide the estimate of communal government revenues and expenditures; adjust the communal government budget estimate when necessary; approve the communal government budget balance. Decide the investment guidelines of programs or projects of the commune within its delegated powers.

- Organize the local budget execution.

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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE