DECREE

ON THE GOVERNMENT’S GUIDANCE AND INSPECTION OVER THE PEOPLE’S COUNCILS IN THE IMPLEMENTATION OF LEGAL DOCUMENTS OF THE HIGHER-LEVEL STATE AGENCIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Organization of the People’s Councils and People’s Committees (amended) of June 21, 1994;
Pursuant to the Ordinance on the Supervision and Guidance by the National Assembly Standing Committee, Guidance and Inspection by the Government over the People’s Councils of February 15, 1996;
At the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Article 1.- The legal documents issued by the higher-level State agencies mentioned in the Ordinance on the Supervision and Guidance by the National Assembly Standing Committee, Guidance and Inspection by the Government over the People’s Councils comprise: the Constitution, Codes, laws, resolutions of the National Assembly; ordinances, resolutions of the National Assembly Standing Committee; orders, decisions of the President of the State; resolutions, decrees of the Government; decisions, directives of the Prime Minister; decisions, directives, circulars of the Ministers, the Heads of the ministerial-level agencies and the Heads of the agencies attached to the Government; and inter-ministerial and inter-branch circulars.

With regard to the district and commune People’s Councils, in addition to the above-said legal documents, the legal documents of the higher-level State agencies also include: resolutions of the People’s Councils, decisions and directives of the higher-level People’s Committees.

Article 2.- The Government shall promulgate Decrees providing for issues that fall within its tasks and powers and Decrees detailing or guiding the enforcement of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the President of the State. The Prime Minister shall issue decisions and directives to direct, guide and promote the enforcement of laws and ordinances; and organize the collection of opinions and comments in the elaboration of Codes, laws and ordinances.

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The Government assigns the provincial People’s Committees to organize the popularization of and training on the implementation of laws, ordinances and legal documents of the Government and the Prime Minister for the lower-level People’s Councils.

Article 3.- The Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government shall, basing themselves on the laws, ordinances and legal documents of the State and directives of the Government and the Prime Minister, issue circulars to provide detailed guidance on the above documents regarding matters within their branches and domains of work for implementation by the People’s Councils.

Article 4.- Annually, the Ministries, the ministerial-level agencies and the agencies attached to the Government shall, basing themselves on the Resolutions of the National Assembly and working programs of the Government, provide guidance to the People’s Councils on matters related to the domains of work under their charge, focusing mainly on the socio-economic development plans, the draft budget and ratification of the budget accounts, the work of ensuring security and defense, and social order and safety in the localities.

The above-mentioned guiding documents must be sent to the People’s Councils at least 20 days before the date of opening the first People’s Council’s session in the year.

Article 5.- Regarding the budget issue, the Government shall provide guidance for the People’s Councils to perform their tasks and exercise their powers in accordance with Article 25 of the Law on State Budget, as follows:

1. The People’s Council shall decide the local draft budget on the basis of the sources of revenues and spending tasks already assigned to the locality as well as the current regimes and policies.

2. The People’s Council shall decide the draft budget concerning the increase of expenditures or additional expenditures, consider and decide measures to ensure the budget balance.

3. The People’s Council shall consider and ratify the local budget accounts.

4. The People’s Council shall perform the function of supervising the budget revenues and expenditures in the locality.

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The Government authorizes the Government Commission on Organization and Personnel to elaborate the contents, programs, plans and organization of the refresher courses on policies, legislation and State management skill for deputies to the provincial People’s Council as well as training courses for lecturers of such courses to be organized by the provincial People’s Committee.

The provincial People’s Committee shall organize refresher courses on policies, legislation and State management skill for deputies to the district and commune People’s Councils in accordance with the Government’s guidance.

Article 7.- Basing itself on the State regulations on organization, personnel and assisting apparatus of the Standing Board of the People’s Council and the wage regime for the positions and titles of standing members and the various sections of the People’s Council; on the regime of allowances for the deputies to the People’s Council, the Government shall provide guidance to the People’s Council in the form of legal documents of the Government and the Prime Minister. The Ministry of Finance, the Government Commission on Organization and Personnel shall provide detailed guidance for the implementation of the above contents assigned by the Government.

Article 8.-

1. The Government shall provide guidance for the Standing Board of the provincial People’s Council in observing the regime of periodical reporting every 6 months and annually to the National Assembly Standing Committee and the Government, on the following:

- Activities of the provincial People’s Council and the implementation of its resolutions.

- The implementation of legal documents of the higher-level State agencies.

- The performance of tasks and powers of the People’s Council regarding the consideration and decision of draft budgets; the situation of budget revenues and expenditures and measures to achieve budget balance; the supervision of budget revenues and expenditures and ratification of the local budget accounts.

In case of urgent socio-economic problem in the locality, the concerned People’s Council shall have to immediately report it to the Government, proposing measures for settlement and at the same time asking for the Government’s direction or for permission to let the locality settle the problem.

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3. The Government shall send to the provincial People’s Council: resolutions and decrees of the Government, decisions and directives of the Prime Minister concerning activities of the local administration; the Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government shall send to the provincial People’s Council legal documents of their Ministries and agencies concerning the People’s Councils’ activities.

The immediate higher People’s Committee shall have to send copies of the related legal documents to the lower-level People’s Council, except for those legal documents not allowed to be copied.

Article 9.- Periodically or at the request of the Prime Minister, the President of the State or of the National Assembly Standing Committee, the Government shall set up delegations to inspect execution of legal documents issued by the higher-level State agencies by the People’s Councils. Depending on the requirements and concrete tasks, the Prime Minister shall decide the composition of the inspection delegation.

The inspection delegation shall carry out the Government’s decision on the objects and contents of inspection, report the inspection results and propose solutions to the Government.

Article 10.- After receiving proposals from the inspection delegation, the People’s Council shall have to consider and solve matters discovered and proposed by the inspection delegation and reply in writing to the inspection delegation.

In case of necessity, the People’s Council may convene an extraordinary meeting to consider and solve matters proposed by the inspection delegation.

Article 11.- The Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government shall set up their own inspection delegations or coordinate with one another in setting up inter-branch inspection delegations to inspect the People’s Council in the implementation of legal documents of the higher-level State agencies, including:

- Inspecting the contents of resolutions promulgated by the People’s Council to implement the provisions of legal documents of the higher-level State agencies and legal documents relating to the branches or domains of work of the Ministries, the ministerial-level agencies or the agencies attached to the Government,

- Inspecting the contents of the resolutions promulgated by the People’s Council within its jurisdiction related to the regulations of the Ministries, the ministerial-level agencies and the agencies attached to the Government.

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Article 13.- At the proposals of the Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government, or the Vietnam Fatherland Front, the Prime Minister shall decide to suspend the execution of the resolution of the provincial People’s Council if such a resolution has contents contrary to the Constitution, laws, ordinances or legal documents of the higher-level State agencies and propose that the National Assembly Standing Committee annul or amend such resolution.

The President of the People’s Committee shall have the right to suspend the execution of a resolution of the immediate lower-level People’s Council if such resolution has contents contrary to the Constitution, laws, ordinances or legal documents of the higher-level State agencies and propose that the People’s Council of the same level annul or amend such resolution.

The decision of the competent State agency to suspend the execution of the resolution of the People’s Council must clearly state the full or partial suspension of the resolution. When there is a decision on its suspension, the People’s Council’s resolution shall become invalid.

Article 14.- Through the performance of the inspection function or at the proposals of the Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government or the Vietnam Fatherland Front, the Government shall consider and make proposal to the National Assembly Standing Committee to dissolve the provincial People’s Council if the latter has issued a resolution seriously harming the people’s and State’s interests.

The Standing Board of the provincial or district People’s Council shall coordinate with the People’s Committee of the same level to propose that the People’s Council of the same level consider and decide the dissolution of the immediate lower-level People’s Council if the latter has issued a resolution seriously harming the people’s and State’s interests.

Before proposing to the competent agency the dissolution of the People’s Council of a locality, the Government or the Standing Board of the provincial or district People’s Council and People’s Committee shall have to conduct inspection and make a concrete conclusion on the mistakes of the People’s Council of such locality.

The dissolution of a provincial or district or commune People’s Council shall be reported promptly to the National Assembly Standing Committee and the Government.

Article 15.- This Decree takes effect from November 1st, 1996.

The Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government, the People’s Councils and the People’s Committees of different levels shall have to implement this Decree.

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THE GOVERNMENT




Phan Van Khai

Nghị định 60-CP năm 1996 về việc Chính phủ hướng dẫn và kiểm tra đối với Hội đồng nhân dân trong việc thực hiện các văn bản của cơ quan Nhà nước cấp trên