Chapter IX
THE PEOPLE'S COUNCILS AND
THE PEOPLE'S COMMITTEES
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- ARTICLE 118:
The administrative units of the Socialist Republic of Vietnam are
distributed as follows :
- The country is divided into provinces and cities under direct central
rule ;
- The province is divided into districts, provincial cities, and towns, the
city under direct central rule is divided into urban districts, rural districts, and
towns ;
- The district is divided into communes and townlets ; the provincial city
and the town are divided into wards and communes ; the urban district is
divided into wards.
- The establishment of People's Councils and People's Committees in
administrative units is determined by law.
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- ARTICLE 119:
The People's Council is the local organ of State power ; it represents
the will, aspirations, and mastery of the people ; it is elected by the local
people and is accountable to them and to the superior State organs.
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- ARTICLE 120:
On the basis of the Constitution, the law, and the formal written orders
of superior State organs the People's Council shall pass resolutions on
measures for the serious implementation of the Constitution and the law at
local level ; on the plan for socio - economic development and the execution of
the budget ; on national defence and security at local level ; on measures for
stabilising and improving the people's living conditions, fulfilling all duties
entrusted by the superior authorities and all obligations to the country as a
whole.
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- ARTICLE 121:
The deputy to the People's Council represents the will and aspirations
of the local people ; he must maintain close ties with the electors, submit
himself to their control, keep regular contact with them, regularly report to
them on his activities and those of the People's Council, answer their requests
and proposals; look into and activate the settlement of the people's complaints
and denunciations.
It is the duty of the deputy to the People's Council to urge the people to
abide by the law, State policies, and the resolutions of the People's Council ;
and to encourage them to join in State administration.
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- ARTICLE 122:
The deputy to the People's Council has the right to interpellate the
Chairman of the People's Council, the Chairman and other members of the
People's Committee, the President of the People's Court, the Head of the
People's Office of Supervision and Control, and the heads of organs under
the People's Committee. The officials interpellated must answer this
interpellation within the time determined by law.
The deputy to the People's Council has the right to make proposals to
local State organs. The officials in charge of these organs have the
responsibility to receive him, and to examine and settle the issues raised in
his proposals.
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- ARTICLE 123:
The People's Committee elected by the People's Council is the latter's
executive organ, the organ of local State administration. It is its responsibility
to implement the Constitution, the law, the formal written orders of superior
State organs and the resolutions of the People's Council.
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- ARTICLE 124:
Within the bounds of its duties and powers the People's Committee
shall issue decisions and directives and supervise their execution.
The Chairman of the People's Committee shall give leadership and
operational guidance to the activities of the People's Committee.
When deciding major local matters, the People's Committee shall
undertake collegial discussion and its decisions must conform to the will of the
majority.
The Chairman of the People's Committee can suspend or annul the
wrong decisions of organs under the People's Committees and People's
Councils of a lower rank ; it can suspend wrong resolutions of People's
Councils of a lower rank and at the same time propose to the People's Council
at his own level to annul such resolutions.
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- ARTICLE 125:
The Chairman of the Vietnam Fatherland Front and the heads of mass
organizations in the locality shall be invited to attend sessions of the People's
Council and to attend meetings of the People's Committee at the same level
when relevant problems are discussed.
The People's Council and the People's Committee shall make regular
reports on the local situation in all fields to the Fatherland Front and the mass
organizations ; shall listen to their opinions and proposals on local power
building and socio - economic development; shall cooperate with them in
urging the people to work together with the State for the implementation of
socio - economic, national defence, and security tasks in the locality.
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