Viet Nam 1992 Constitution (reviewed 2013)

CHAPTER IX. THE LOCAL GOVERNMENT

Article 110

1. 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, towns, and units of similar level.

     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.

     Special administrative-economic units are created by the National Assembly.

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2. The establishment, removal, merging, division, or adjustment of the boundaries of administrative units must be carried out with the consultation of the opinion of the local people in concordance with the process and procedure provided by the law.

Article 111

1. Local governments are organized in administrative units of Socialist Republic of Vietnam.
2. Local governments consist of People’s Council and People’s Committee which shall be organized consistent with the features of rural areas, cities, islands, and special administrative-economic units provided by the law.

Article 112

1. Local governments organize and ensure the implementation of the Constitution and the laws at local area; deal with local issues provided by the law; and are subject to the examination and supervision of superior state organs.
2. The duties and authorities of local governments shall be determined on the base of differentiation of powers between central state organs and local state organs and between different ranks of local governments.
3. In case of need, local governments are delegated to exercise some duties of superior state organs with the conditions guaranteed necessary to exercise those duties.

Article 113

1. 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.
2. The People’s Council shall decide on local issues provided by the law; supervise the conformity to the constitution and the laws at local area and the implementation of the resolutions of the People’s Council.

Article 114

1. The People’s Committee elected by the People’s Council is the latter’s executive organ, the organ of local State administration, and responsible to the People’s Council and superior state organs.
2. It is the People’s Committee’s responsibility to implement the Constitution and the laws at local area, to organize the implementation of the resolutions of the People’s Council and to exercise duties assigned by the superior state organs.

Article 115

1. 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 and State policies, the resolutions of the People’s Council, and to encourage them to join in State administration.
2. 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 Procuracy, and the heads of organs under the People’s Committee. The interpellated officials 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.

Article 116

1. The People’s Council and the People’s Committee shall make regular reports on the local situation in all fields to the 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.
2. The Chairmen of the Vietnam Fatherland Front committee 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.