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Functions, duties and powers of the Peoples Council and the Peoples Committee of the district

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 the People's Council deputies elected by the local electorate, is the local state power agency, representing the will, aspiration and mastery of the People, be accountable to the local people and superior state agencies.

2. Delegates of the People's Council are the representatives of the will and aspirations of the local People and are responsible to the local voters and the People's Council for the performance of their delegated duties and powers. me.

Delegates of the People's Council are equal in discussing and deciding issues within the tasks and powers of the People's Council.

3. Standing body of the People's Council is the standing body of the People's Council, performing the tasks and exercising the powers prescribed by this Law and other relevant laws and regulations; take responsibility for and report 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 the body of the People's Council, which is responsible for verifying the draft resolution, report, and scheme before submitting it to the People's Council, for supervision and recommendation on issues under the People's Council. Areas the Board is in charge of; take responsibility for and report 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, 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 together with the People's Council. levels and superior state administrative agencies.

2. The People's Committee is composed of the President, Vice President and members, the specific number of Vice Presidents of the People's Committees at all levels shall be prescribed by the Government.

* PROFESSIONAL AGENCIES OF PEOPLE'S COMMITTEE ( Article 9 - Law No: 77/2015/QH13 - Law on organization of local government).

1. The specialized agency under the People's Committee is organized at the provincial and district level, is the agency that advises and assists the People's Committee to perform the function of state management of branches and domains in the locality and implementation. perform tasks and powers according to the decentralization and authorization of superior state agencies.

2. The specialized agencies of the People's Committee are subject to the direction and management of the People's Committee in terms of organization, staffing and work, and at the same time subject to the professional direction and inspection of the management agency. the state on superior branches and domains.

3. The organization of specialized agencies under the People's Committee must be suitable to the characteristics of rural areas, urban areas, islands and socio-economic development conditions and situations of each locality; ensuring streamlined, reasonable, smooth, effective and efficient state management of branches and domains from central to grassroots levels; do not overlap with the tasks and powers of the superior state agencies located in the locality.

4. The Government shall specify the organization and operation of specialized agencies under the People's Committees of provinces and districts.

II. DUTIES, POWERS OF LOCAL GOVERNMENT IN DISTRICT ( Article 24 - Law No. 77/2015/QH13 - Law on organization of local government).

1. Organize and ensure the implementation of the Constitution and laws in the district.

2. To decide on the district's issues within the scope of decentralization and decentralization in accordance with this Law and other relevant laws.

3. To perform tasks and exercise powers authorized by superior state administrative agencies.

4. Inspect and supervise the organization and operation of the local government at the commune level.

5. To take responsibility before the provincial-level local government for the results of performing the tasks and powers of the local government in the district.

6. Decide and organize the implementation of measures to promote the people's mastery, mobilize social resources for socio-economic construction and development, and ensure national defense and security in the locality. district table.

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 the People's Council deputies elected by the voters in the district.

The determination of the total number of delegates of the district People's Council shall be carried out according to the following principles:

a) Mountainous, highland and island districts with forty thousand inhabitants or less may elect thirty delegates; if there are over forty thousand inhabitants, an additional delegate shall be elected for every five thousand inhabitants, but the total number shall not exceed forty delegates;

b) Districts other than those specified at Point a of this Clause with eighty thousand inhabitants or less may elect thirty delegates; if there are over eighty thousand inhabitants, one delegate shall be elected for every ten thousand inhabitants, but the total number shall not exceed forty delegates;

c) The number of delegates to the People's Council in a district with thirty or more affiliated commune-level administrative units shall be decided by the National Assembly Standing Committee at the request of the Standing Committee of the provincial People's Council, but the total no more than forty-five delegates.

2. The Standing Committee of the District People's Council consists of the Chairman of the People's Council, two Vice Presidents of the People's Council and members who are the Heads of the Committee of the District People's Council. The chairperson of the district People's Council may be a full-time member of the People's Council; The Vice Chairman of the district People's Council is a full-time delegate of the People's Council.

3. The People's Council of the district establishes the Legal Committee and the Economic - Social Committee; Where there are many ethnic minorities, the Committee for Ethnic Minorities shall be established. The National Assembly Standing Committee shall prescribe the criteria and conditions for the establishment of the Ethnic Minority Committee specified in this Clause.

The committee of the district People's Council consists of the head, one deputy head and members. The number of members of the committees of the district People's Council shall be decided by the district People's Council. The head of the committee of the district People's Council may be a full-time member of the People's Council; The Deputy Head of the Committee of the District People's Council is a full-time delegate of the People's Council.

4. Delegates of the People's Council of the district are elected in one or more constituencies to form a group of delegates of the People's Council. The number of groups of delegates of the People's Council, the leader and deputy head of the delegation of the People's Council of the People's Council shall be decided by the Standing Committee of the district People's Council.

IV. DUTIES, POWERS OF DISTRICT PEOPLE'S COUNCIL ( Article 2 6 - 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 and laws and in the fields of national defense, security and administration:

a) Issue resolutions on issues falling under the tasks and powers of the district People's Council;

b) Decide on measures to perform tasks related to national defense and security; measures to ensure social order and safety, to fight for and prevent crime and other law-breaking acts, to prevent and combat bureaucracy and corruption within the scope of their decentralization; Measures to protect property of agencies and organizations, to protect life, freedom, honor, dignity, property, and other lawful rights and interests of citizens in the district in accordance with the provisions of law. the law;

c) Decide on measures to perform tasks and powers delegated by superior state agencies; decide on the decentralization of the local government and lower-level state agencies to perform the tasks and powers of the local government in the district;

d) Elect, relieve from duty and remove from office the President of the People's Council, the Vice President of the People's Council, the Head and Deputy Head of the Committee of the District People's Council; elect, relieve from duty and remove from office the President of the People's Committee, the Vice President of the People's Committee and members of the People's Committee of the district; elect, relieve from duty or dismiss jurors of the district People's Court;

dd) Take a vote of confidence, cast a vote of confidence in the person holding a position elected by the People's Council according to the provisions of Articles 88 and 89 of this Law;

e) To annul part or all of the illegal documents of the People's Committee or the President of the district People's Committee; to annul part or all of the illegal documents of the commune-level People's Council;

g) To decide on the establishment or annulment of specialized agencies under the People's Committee of the district;

h) Dissolve the commune-level People's Council in case such People's Council causes serious damage to the People's interests and submit it to the provincial-level People's Council for approval before implementation;

i) Remove a delegate from the People's Council of the district and accept the request of the delegate of the District People's Council to stop performing the delegate duties.

2. Duties and powers of the district People's Council in the field of economy, natural resources and environment:

a) Approve the district's medium-term and annual socio-economic development plan, and the district's land use master plan and plan before submitting it to the provincial-level People's Committee for approval;

b) Decide the state budget revenue estimates in the locality; estimates of local budget revenues and expenditures and allocation of district budget estimates; adjust local budget estimates in case of necessity; approval of local budget settlement. To decide on investment policies for the district's programs and projects in accordance with law;

c) To decide on the planning and development plans of branches and fields in the district within the scope of their delegated powers;

d) Decide on measures to manage and use land, forests, mountains, rivers and lakes, water sources, underground resources, marine resources and other natural resources; measures to protect and improve the environment, prevent, combat and overcome consequences of natural disasters, storms and floods in the locality in accordance with law.

3. Decide on measures to develop the preschool, primary and lower secondary education system; measures to develop the cause of culture, information, physical training and sports; measures to protect, take care of people's health, prevent and combat epidemics, implement policies on population and family planning; measures to develop jobs, implement preferential policies for people with meritorious services to the revolution, policies on social protection, hunger eradication and poverty reduction; measures to ensure the implementation of policies on ethnicity and religion in the district in accordance with law.

4. Supervising the observance of the Constitution and laws in the locality, the implementation of resolutions of the district People's Councils; supervise the activities of the Standing Committee of the People's Council, the People's Committee, the People's Court, the People's Procuracy of the same level, the Committees of the People's Council at the same level; supervise the legal documents of the People's Committee of the same level and the documents of the People's Council of the commune.

5. Perform other tasks and exercise other powers as prescribed by law.

V. ORGANIZATIONAL STRUCTURE OF THE DISTRICT PEOPLE'S COMMITTEE ( Article 2 7 - Law No: 77/2015/QH13 - Law on organization of local government).

1. The district People's Committee is composed of the President, Vice President and members.

Class I District People's Committees have no more than three Vice Presidents; Class II and Class III districts have no more than two Vice Presidents.

Members of the district People's Committee include members who are heads of specialized agencies of the district People's Committee, member in charge of military, member in charge of public security.

2. Specialized agencies under the district People's Committees include departments and agencies equivalent to departments.

BECAUSE. DUTIES AND POWERS OF DISTRICT PEOPLE'S COMMITTEE ( Article 2 8 - Law No: 77/2015/QH13 - Law on organization of local government).

1. Formulate and submit to the District People's Council for decision the contents specified at Points a, b, c and g Clause 1, Clause 2 and Clause 3, Article 26 of this Law and organize the implementation of its resolutions. District People's Council.

2. To prescribe the organizational apparatus and specific tasks and powers of specialized agencies under the People's Committee of the district.

3. Organize the implementation of the district budget; carry out the tasks of socio-economic development, industrial development, construction, commerce, services, tourism, agriculture, forestry, fisheries, transportation network, irrigation, construction of points rural population; management and use of land, forests, mountains, rivers and lakes, water resources, mineral resources, marine resources and other natural resources; protect the environment in the district according to the provisions of law.

4. To perform the tasks of organizing and ensuring the implementation of the Constitution and laws, building the administration and administrative boundaries, education, training, science, technology, culture, information, physical training, sports, health, labor, social policy, ethnicity, religion, national defense, security, order, social safety, judicial administration, judicial assistance and other tasks , other powers as prescribed by law.

5. To perform tasks and exercise powers delegated and authorized by superior state agencies.

6. Decentralize and authorize the commune-level People's Committees, other agencies and organizations to perform the tasks and powers of the district-level People's Committees.

VII. DUTIES, POWERS OF THE CHAIRMAN OF THE DISTRICT PEOPLE'S COMMITTEE ( Article 2 9 - 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. To lead and administer the work of the People's Committee and members of the district People's Committee; to lead and direct specialized agencies under the People's Committee of the district;

2. Approving the results of election, relief from duty and removal from office of the President of the People's Committee and the Vice President of the Commune-level People's Committee; mobilize, suspend or dismiss the President of the People's Committee, the Vice President of the People's Committee of the commune; assigning the right to chairperson of the commune-level People's Committee in case the chairperson of the commune-level People's Committee is vacated between two sessions of the commune-level People's Council; appoint, relieve from duty, transfer, dismiss, commend and discipline cadres, civil servants and public employees under their management in accordance with law;

3. To lead and direct the performance of tasks to implement the Constitution, laws and documents of superior state agencies, the People's Council and the People's Committee of the district; ensuring national defense, security and social order and safety; protect properties of agencies and organizations, protect life, freedom, honor, dignity, property, and other lawful rights and interests of citizens; implement measures to manage population in the district;

4. To lead and be responsible for the operation of the state administrative system from the district to the grassroots, ensuring the consistency and smoothness of the administration; direct the administrative reform and the reform of civil service and civil servants in the local state administrative system;

5. Suspend the execution or annul illegal documents of specialized agencies of the district People's Committee and illegal documents of the People's Committee, the President of the commune-level People's Committee. To suspend the execution of illegal documents of the People's Council of the commune, report to the People's Committee of the district to request the People's Council of the district to annul it;

6. Directing the Chairman of the commune-level People's Committee; authorize the Vice President of the People's Committee of the district or the head of a specialized agency of the People's Committee of the district to perform tasks and exercise powers within the competence of the President of the district People's Committee;

7. Manage and organize the effective use of offices, assets, working means and the State budget allocated in the district according to the provisions of law;

8. Organize the inspection, examination, settlement of complaints and denunciations, handling of law violations, reception of citizens according to the provisions of law;

9. Direct the implementation of measures for environmental protection, fire and explosion prevention and fighting; direct and apply measures to deal with unexpected and urgent jobs in the prevention and control of natural disasters, epidemics, security, social order and safety in the district according to the provisions of law;

10. To perform tasks and exercise powers delegated and authorized by superior state agencies.

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