Nghị quyết 26/2008/QH12

RESOLUTION

ON TRIAL NON-ORGANIZATION OF PEOPLES COUNCILS OF RURAL DISTRICTS, URBAN DISTRICTS AND WARDS

THE NATIONAL ASSEMBLY OF THE SOCLALIST REPUBLIC OF VIETNAM

Pursuant to Article 84 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;
After considering the Governments Report No. 18/TTr-CP of October 30, 2008, on the scheme and the National Assembly’s draft resolution on trial non-organization of Peoples Councils of rural districts, urban districts and wards, and the direct election of presidents of commune Peoples Committees by the people; and the National Assembly Law Committees Examination Report No. 544/BC-UBPL12 of October 31, 2008, and opinions of National Assembly deputies;

RESOLVES:

Article 1. Not to organize on a trial basis Peoples Councils of rural districts, urban districts and wards in a number of localities, which are specified in a list to be submitted by the Government to the National Assembly Standing Committee for decision.

Article 2. The trial period will begin on April 25.2009, and end under a decision of the National Assembly. In rural districts, urban districts and wards where Peoples Councils will not be organized on a trial basis, the 2004-2009 term of office of their Peoples Councils will expire on April 25, 2009, while the Peoples Committees of the 2004-2009 term of office in these localities will continue operating until new ones are established.

Article 3. To assign the National Assembly Standing Committee to issue, in accordance with law, this Resolution and principal contents of the trial scheme and requirements, resolutions on:

1. Transferring a number of tasks and powers of Peoples Councils of rural districts and urban districts where no Peoples Councils will be organized to Peoples Councils and Peoples Committees of provinces or centrally run cities;

2. Defining tasks, powers and organizational structures of Peoples Committees of rural districts, urban districts and wards where no Peoples Councils will be organized;

3. Defining the competence, order and procedures for appointing, relieving from office or dismissing presidents and other members of Peoples Committees of rural districts, urban districts and wards where no Peoples Councils will be organized.

Article 4.

1. Within the ambit of their respective tasks and powers, the National Assembly Standing Committee, the Government, the Supreme Peoples Court, the Supreme Peoples Procuracy and the Central Committee of the Vietnam Fatherland Front shall:

a/ Organize the trial non-organization of Peoples Councils of rural districts, urban districts and wards;

b/ Propose to the National Assembly for consideration and decision matters which are inappropriate or arise during the trial period;

c/ Organize preliminary reviews and final review of the trial non-organization of Peoples Councils of rural districts, urban districts and wards, and report it to the National Assembly for consideration and decision.

2. The National Assembly Standing Committee, the Council for Ethnic Minorities, the Committees of the National Assembly, the delegations of National Assembly deputies and National Assembly deputies shall, within the ambit of their respective tasks and powers, oversee the implementation of this Resolution.

Article 5. This Resolution takes effect on April 1, 2009.

This Resolution was adopted on November 15, 2008, by the XlIth National Assembly of the Socialist Republic of Vietnam at its 4th session.