Organizational structure, tasks and powers of the province-level People’s Council in Vietnam

Organizational structure of the province-level People’s Council in Vietnam

- 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:

= 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.

- The Standing Committee of People’s Council of a province shall be composed of the Chairperson of the People’s Council, Vice Chairpersons and members who hold the position as the Heads of committees of the provincial People’s Council.

If the Chairperson of the Provincial People’s Council is the full-time delegate of the People’s Council, the Standing Committee of provincial People’s Council shall have only one Vice Chairperson; if the Chairperson of the Provincial People’s Council is the part-time delegate of the People’s Council, the Standing Committee of provincial People’s Council shall have two Vice Chairpersons.

The Vice Chairperson of provincial People’s Council is the full-time delegate of the People’s Council.

- The Provincial People’s Council shall establish the Legislation Committee, Economy - Budget Committee and Culture - Society Committee; as for ethnic minority province, the Ethnic Minority Committee shall be established. The Standing Committee of the National Assembly shall regulate criteria and conditions for establishment of the Ethnic Minority Committee stipulated in this Clause.

Each committee of the provincial People’s Council shall be composed of the Head, Vice Heads and Members. The number of members of Committees of provincial People’s Council shall be decided by the provincial People’s Council. If the Head of the Committee of the provincial People’s Council is the full-time delegate of the People’s Council, the Committee shall have only one Vice Head; if the Head of the Committee of the provincial People’s Council is the part-time delegate of the People’s Council, the Committee shall have two Vice Heads. The Vice Head of the Committee of the provincial People’s Council is the full-time delegate of the People’s Council.

- Delegates of the province-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 province-level People’s Council.

Pursuant to: Article 18 of the Law on organizing the local government 2015 and Clause 8 of Article 2 of the Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization 2019

Organizational structure, tasks and powers of the province-level People’s Council in Vietnam (Internet image)

Duties and powers of the provincial-level People’s Council in Vietnam

(1) 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.

(2) 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, from office; 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.

(3) In the economic, natural resource and environment sectors, the province-level People’s Council shall implement the following duties and powers:

- Decide the long-term, midterm and annual socio-economic development plan in the province; decide the planning and proposal for development of industries and sectors in the province within their delegated powers;

- Decide the plan of government revenues in the province; decide the plan of local government revenues and expenditures, and budget distribution according to the budget plan applied at their administrative level; adjust the plan of local government budget when necessary; approve the local government budget balance. Decide the investment plan, program or project in the province in accordance with legal regulations.

- Decide issues relating to fee and charge in accordance with laws; the People’s contributions; application for domestic loan capital through issuance of local government bonds, municipal bonds, construction bonds and other forms of capital mobilization in accordance with legal regulations;

- Decide specific plan and measures to encourage and mobilize economic sectors to get involved in providing public services throughout the provincial territory in accordance with legal regulations;

- Decide other measures to facilitate the socio-economic growth throughout the province in accordance with legal regulations;

- Decide the construction and urban planning within their delegated powers in accordance with laws; the regional economic link between local governments at different levels which is appropriate for the current conditions and characteristics of provinces and ensures the consistency of the national economy;

- Decide the planning for development of industrial, agricultural, forestry and fishery extension service organizations, and commercial, service, tourism and traffic network throughout the province in accordance with legal regulations;

(4) In the field of education, training, science, technology, culture, information, sports and physical activities, the province-level People’s Council shall implement the following duties and powers:

- Decide measures to develop the network of educational facilities and conditions to ensure educational and training operations within their delegated powers; decide educational and training service price to be applied at public educational and training establishments that fall within the remit of provincial authorities in accordance with laws;

- Decide measures to encourage scientific research development, promote creative ideas, technical improvements and apply scientific or technological advances throughout the province;

- Decide measures to enhance the development of culture, information, physical activities and sports; measures to protect and uphold the values of local cultural heritages; measures to assure activities pertaining to culture, information, advertising, press, publication, physical exercise and sports in the province within their delegated powers.

(5) In the field of healthcare, labor and implementation of social policies, the province-level People’s Council shall implement the following duties and powers:

- Decide measures to develop the network of healthcare establishments at provinces, districts and communes;

- Decide the healthcare service price to be applied at state-owned healthcare establishments that fall within the remit of province-level authorities in accordance with laws;

- Decide measures to protect, take care of the People's health; protect and look after mothers, children, the elderly, the disabled, the poor and homeless orphans and the underprivileged. Decide measures to prevent and control diseases and epidemics; measures to implement policies on the population and family planning in the province;

- Decide measures to manage, use and develop human resources in the province; measures to generate employments, raise productivity, increase income and improve work conditions and assure the occupational safety and hygiene;

- Decide incentive policies for civil servants, public employees and laborers to work in the provinces which must be relevant to local government budget capacity and regulations laid down by superior-level state organs;

- Decide measures to implement preferential policies for persons who performed meritorious services during the revolution; measures to implement social security and welfare policies, and measures to eradicate hunger and reduce poverty.

(6) With respect to ethnic minority and religion affairs, the province-level People’s Council shall implement the following duties and powers:

- Decide measures to implement ethnic minority policies, improve material and spiritual life, and raise intellectual standards of ethnic minorities, and ensure the racial equality and promote solidarity among people as well as support or mutual assistance amongst ethnic groups in the province;

- Decide measures to implement religion policies within their delegated powers; measures to ensure the religious equality, belief and religious freedom within the province.

(7) In the field of national defense, security, social order and safety assurance, the province-level People’s Council shall implement the following duties and powers:

- Decide measures to assure performance of national defense and security duties in accordance with laws; uphold the political security, combat, prevent and control corruption, crimes and other violations against laws, and assure social order and safety in the province;

- Decide plans and measures to develop local potential to build solid all-people national defence and people's security, and build a firm stronghold to meet all requirements during the peace and war time;

- Decide plans and measures to build self-defense forces, militia, reserve forces, locally-governed communal police; decide plans and measures to connect economy with national defense and security, and shift local socio-economic activities from peacetime to wartime;

- Decide measures to maintain the public order and traffic safety in the provincial territory.

(8) The province-level People’s Council shall perform its duties and exercise its powers to supervise the compliance with the Constitution and legislation in the province, the implementation of its resolutions; supervise operations of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy at the same level, Committees of the same-level People’s Council; supervise legislative documents provided by the People’s Committee and other instruments issued by the district-level People’s Council.

(9) The province-level People's Council shall perform other duties and exercise other powers in accordance with laws.

Pursuant to: Article 19 of the Law on Organization of Local Government 2015; Article 2 of the Law on Organization of Government and the Law on Organization of Local Governments revised 2019 and Article 57 of the Law on Planning 2017.

Mai Thanh Loi

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