Functions, tasks and powers of the District People's Council and People's Committee

Functions, tasks and powers of the District People's Council and People's Committee
I. GENERAL PROVISIONS:
* PEOPLE'S COUNCIL   ( Article  6 -  Law No.: 77/2015/QH13 - Law on organization of local government).
1. The People's Council consists of People's Council delegates elected by local voters. It is the local state power agency, representing the will, aspirations and mastery of the people, and is responsible to the local people and higher-level state agencies.
2. People's Council delegates are representatives of the will and aspirations of the local people, responsible to local voters and to the People's Council for the performance of their duties and powers as delegates.
People's Council delegates are equal in discussing and deciding on issues within the duties and powers of the People's Council.
3. The Standing Committee of the People's Council is the permanent body of the People's Council, performing the tasks and powers prescribed by this Law and other relevant legal provisions; being responsible and reporting on its work to the People's Council.
A member of the Standing Committee of the People's Council cannot concurrently be a member of the People's Committee of the same level.
4. The Committee of the People's Council is an agency of the People's Council, responsible for examining draft resolutions, reports, and projects before submitting them to the People's Council, supervising and making recommendations on issues within the field under the Committee's responsibility; being responsible and reporting on its work to the People's Council.
* PEOPLE'S COMMITTEE  ( Article  8 -  Law No.: 77/2015/QH13 - Law on organization of local government).
1. The People's Committee is elected by the People's Council of the same level, is the executive body of the People's Council, the local state administrative agency, and is responsible to the local people, the People's Council of the same level and the higher-level state administrative agency.
2. The People's Committee consists of a Chairman, Vice Chairmen and members. The specific number of Vice Chairmen of the People's Committees at all levels is prescribed by the Government.
* SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEE  ( Article  9 -  Law No. 77/2015/QH13 - Law on organization of local government).
1. Specialized agencies under the People's Committee are organized at the provincial and district levels. They are advisory agencies, assisting the People's Committee in performing the function of state management of sectors and fields in the locality and performing tasks and powers according to the decentralization and authorization of the higher-level state agencies.
2. Specialized agencies under the People's Committee are subject to the direction and management of the People's Committee in terms of organization, staffing and work, and are subject to the direction and inspection of the professional work of the superior state management agency of the sector or field.
3. The organization of specialized agencies under the People's Committee must be consistent with the characteristics of rural, urban, and island areas and the conditions and socio-economic development situation of each locality; ensure streamlining, rationality, transparency, effectiveness, and efficiency in state management of sectors and fields from the central to grassroots levels; and not overlap with the tasks and powers of superior state agencies located in the locality.
4. The Government shall specify the organization and operation of specialized agencies under the People's Committees at provincial and district levels.
II. DUTIES AND POWERS OF LOCAL AUTHORITIES IN DISTRICTS  ( Article 24  -  Law No. 77/2015/QH13 - Law on organization of local governments).
1. Organize and ensure the implementation of the Constitution and laws in the district.
2. Decide on district issues within the scope of decentralization and delegation of authority as prescribed by this Law and other relevant legal provisions.
3. Perform tasks and powers authorized by superior state administrative agencies.
4. Inspect and supervise the organization and operation of local authorities at the commune level.
5. Be responsible to the provincial local government for the results of performing the tasks and powers of the local government at the district level.
6. Decide and organize the implementation of measures to promote the people's mastery, mobilize social resources to build and develop the socio-economy, and ensure national defense and security in the district.
III. ORGANIZATIONAL STRUCTURE OF THE DISTRICT PEOPLE'S COUNCIL  ( Article 2.5 -  Law No. 77/2015/QH13 - Law on organization of local government).
1. The District People's Council consists of People's Council delegates elected by voters in the district.
Determining the total number of district People's Council delegates is carried out according to the following principles:
a) Mountainous, highland, and island districts with forty thousand people or less shall elect thirty representatives; with more than forty thousand people, for every additional five thousand people, one representative shall be elected, but the total number shall not exceed forty representatives;
b) Districts not falling under the provisions of Point a of this Clause with a population of eighty thousand or less shall elect thirty delegates; with a population of more than eighty thousand, for every additional ten thousand people, one more delegate shall be elected, but the total number shall not exceed forty delegates;
c) The number of People's Council delegates in a district with thirty or more commune-level administrative units shall be decided by the National Assembly Standing Committee upon the proposal of the Standing Committee of the provincial People's Council, but the total number shall not exceed forty-five delegates.
2. The Standing Committee of the District People's Council consists of the Chairman of the District People's Council, two Vice Chairmen of the District People's Council and members who are Heads of Committees of the District People's Council. The Chairman of the District People's Council may be a full-time People's Council delegate; the Vice Chairman of the District People's Council is a full-time People's Council delegate.
3. The District People's Council shall establish a Legal Committee and a Socio-Economic Committee; in places with many ethnic minorities, an Ethnic Committee shall be established. The National Assembly Standing Committee shall prescribe the criteria and conditions for establishing the Ethnic Committee as prescribed in this clause.
The Committee of the District People's Council consists of a Head, a Vice Head and members. The number of members of the Committees of the District People's Council is decided by the District People's Council. The Head of the Committee of the District People's Council may be a full-time People's Council delegate; the Vice Head of the Committee of the District People's Council is a full-time People's Council delegate.
4. District People's Council delegates elected in one or more constituencies form a People's Council Delegate Group. The number of People's Council Delegate Groups, Group Leaders and Deputy Group Leaders of the People's Council Delegate Groups shall be decided by the Standing Committee of the District People's Council.
IV. DUTIES AND POWERS OF THE DISTRICT PEOPLE'S COUNCIL  ( Article 26 -  Law No. 77/2015/QH13 - Law on organization of local government).
1. Duties and powers of the District People's Council in organizing and ensuring the implementation of the Constitution, laws and in the fields of national defense, security and government building:
a) Issue resolutions on issues within the tasks and powers of the District People's Council;
b) Decide on measures to implement tasks related to national defense and security; measures to ensure social order and safety, combat and prevent crimes and other violations of the law, prevent and combat bureaucracy and corruption within the scope of delegated authority; measures to protect the assets of agencies and organizations, protect the lives, freedom, honor, dignity, property, and other legitimate rights and interests of citizens in the district according to the provisions of law;
c) Decide on measures to perform tasks and powers delegated by higher-level state agencies; decide on decentralization to local authorities and lower-level state agencies to perform tasks and powers of local authorities at the district level;
d) Elect, dismiss, remove the Chairman of the People's Council, Vice Chairman of the People's Council, Head, Deputy Head of the People's Council of the district; elect, dismiss, remove the Chairman of the People's Committee, Vice Chairman of the People's Committee and members of the People's Committee of the district; elect, dismiss, remove the Jury of the People's Court of the district;
d) Take a vote of confidence and vote of no confidence for the person holding the position elected by the People's Council according to the provisions of Articles 88 and 89 of this Law;
e) Abolish part or all of the illegal documents of the People's Committee and Chairman of the District People's Committee; abolish part or all of the illegal documents of the Commune-level People's Council;
g) Decision to establish or abolish specialized agencies under the District People's Committee;
h) Dissolve the People's Council at the commune level in case that People's Council causes serious damage to the interests of the People and submit it to the People's Council at the provincial level for approval before implementation;
i) Dismiss the district People's Council delegate and accept the district People's Council delegate's request to resign from the duties of delegate.
2. Duties and powers of the District People's Council in the fields of economy, natural resources and environment:
a) Approve the district's medium-term and annual socio-economic development plans, land use plans and plans before submitting them to the provincial People's Committee for approval;
b) Decide on the state budget revenue estimates in the area; local budget revenue and expenditure estimates and allocation of district budget estimates; adjust local budget estimates when necessary; approve local budget settlement. Decide on investment policies for district programs and projects in accordance with the law;
c) Decide on planning and development plans for sectors and fields in the district within the scope of decentralized authority;
d) Decide on measures to manage and use land, forests, mountains, rivers, lakes, water resources, underground resources, marine resources and other natural resources; measures to protect and improve the environment, prevent, combat and overcome the consequences of natural disasters, storms and floods in the locality according to the provisions of law.
3. Decide on measures to develop the preschool, primary and secondary education system; measures to develop culture, information, physical education and sports; measures to protect and take care of people's health, prevent and control epidemics, implement population policies and family planning; measures to develop employment, implement preferential policies for people with revolutionary contributions, social protection policies, hunger eradication and poverty reduction; measures to ensure the implementation of ethnic and religious policies in the district according to the provisions of law.
4. Supervise compliance with the Constitution and laws in the locality, the implementation of resolutions of the District People's Council; supervise the activities 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, the Committees of the People's Council at the same level; supervise legal documents of the People's Committee at the same level and documents of the People's Council at the commune level.
5. Perform other duties and powers as prescribed by law.
V. ORGANIZATIONAL STRUCTURE OF THE DISTRICT PEOPLE'S COMMITTEE  ( Article 27 -  Law No. 77/2015/QH13 - Law on organization of local government).
1. The District People's Committee consists of a Chairman, Vice Chairmen and members.
The People's Committee of a grade I district has no more than three Vice Chairmen; the People's Committee of a grade II and grade III district has no more than two Vice Chairmen.
The members of the District People's Committee include members who are heads of specialized agencies under the District People's Committee, members in charge of military affairs, and members in charge of public security.
2. Professional agencies under the District People's Committee include departments and agencies equivalent to departments.
VI. DUTIES AND POWERS OF THE DISTRICT PEOPLE'S COMMITTEE  ( Article 28 -  Law No. 77/2015/QH13 - Law on organization of local government).
1. Develop and submit to the District People's Council for decision the contents specified in Points a, b, c and g, Clause 1, Clause 2 and Clause 3, Article 26 of this Law and organize the implementation of resolutions of the District People's Council.
2. Regulate the organization, apparatus, tasks and specific powers of specialized agencies under the District People's Committee.
3. Organize the implementation of the district budget; carry out tasks of socio-economic development, industrial development, construction, trade, services, tourism, agriculture, forestry, fisheries, transport network, irrigation, construction of rural residential areas; manage and use land, forests, mountains, rivers, lakes, water resources, mineral resources, marine resources, other natural resources; protect the environment in the district according to the provisions of law.
4. Carry out tasks related to organizing and ensuring the implementation of the Constitution and laws, building the government and administrative boundaries, education, training, science, technology, culture, information, physical education, sports, health, labor, social policy, ethnicity, religion, national defense, security, order, social safety, judicial administration, judicial support and other tasks and powers as prescribed by law.
5. Perform tasks and powers assigned or delegated by superior state agencies.
6. Decentralize and authorize the People's Committees at the commune level, other agencies and organizations to perform the tasks and powers of the District People's Committee.
VII. DUTIES AND POWERS OF THE CHAIRMAN OF THE DISTRICT PEOPLE'S COMMITTEE  ( Article 29 -  Law No. 77/2015/QH13 - Law on organization of local government).
The Chairman of the District People's Committee is the head of the District People's Committee and has the following duties and powers:
1. Lead and direct the work of the People's Committee and members of the District People's Committee; lead and direct specialized agencies under the District People's Committee;
2. Approve the results of election, dismissal, removal from office of the Chairman of the People's Committee, Vice Chairman of the People's Committee at the commune level; transfer, suspend from work, remove from office the Chairman of the People's Committee, Vice Chairman of the People's Committee at the commune level; delegate the authority of the Chairman of the People's Committee at the commune level in case of vacancy of the Chairman of the People's Committee at the commune level between two sessions of the People's Council at the commune level; appoint, dismiss, transfer, remove from office, reward, discipline cadres, civil servants, and public employees under the scope of management according to the provisions of law;
3. Lead and direct the implementation of tasks of enforcing the Constitution, laws, documents of superior state agencies, of the People's Council and People's Committee of the district; ensure national defense, security, social order and safety; protect the property of agencies and organizations, protect the life, freedom, honor, dignity, property, and other legitimate rights and interests of citizens; implement population management measures in the district;
4. Lead and be responsible for the operation of the state administrative system from district to grassroots level, ensuring the unity and continuity of the administration; direct administrative reform and reform of public service and civil servants in the state administrative system at the local level;
5. Suspend the implementation or abolish illegal documents of specialized agencies under the District People's Committee and illegal documents of the People's Committee and the Chairman of the Commune People's Committee. Suspend the implementation of illegal documents of the Commune People's Council, report to the District People's Committee to propose the District People's Council to abolish them;
6. Direct the Chairman of the People's Committee at the commune level; authorize the Vice Chairman of the District People's Committee or the head of a specialized agency under the District People's Committee to perform tasks and powers within the authority of the Chairman of the District People's Committee;
7. Manage and organize the effective use of offices, assets, working facilities and state budget assigned in the district according to the provisions of law;
8. Organize inspection, examination, settlement of complaints, denunciations, handling of law violations, and reception of citizens according to law provisions;
9. Direct the implementation of environmental protection measures, fire and explosion prevention and control; direct and apply measures to resolve sudden and urgent tasks in natural disaster prevention and control, epidemics, security, order and social safety in the district according to the provisions of law;
10. Perform tasks and powers assigned or delegated by superior state agencies.