Socialist Republic of Vietnam

HA NOI (May 22, 2003) — Local authorities will be given broader supervisory and decision-making powers if amendments to People’s Council and People’s Committee organisation laws and People’s Council election laws are adopted.

The draft amendments ignited two days of heated debate during last week’s third congress of the National Assembly’s 11th legislature.

Interior Minister Do Quang Trung, who brought the matter up for discussion, said it was high time to detail the functions and responsibilities of the People’s Council and make changes to People’s Committee rules.

Many NA deputies agreed that the existing laws stipulate redundant functions and identical organisation and responsibilities for the People’s Committee and the People’s Council at all levels.

This vagueness has limited both authorities in maximising their capacity, especially in urban areas, deputies said.

Passed in 1994, both laws have a number of loopholes that are in urgent need of amendment, they said.

For example, the two laws fail to distinguish the powers and responsibilities of individual members of the People’s Council and People’s Committee from those of the organisations as a whole.

Deputies said that many People’s Committees and People’s Councils in smaller communities have failed to operate actively because of this confusion.

Trung said the amendments focus on making both organisations more powerful and effective.

Among the suggested amendments, all issues relating to the planning, investment and building of key projects would be decided by a majority vote of People’s Committee members.

Pressing issues about finance and human resources would also be determined by a People’s Committee vote before being submitted to the People’s Council for approval.

The People’s Committee chairperson would advise on and implement measures to deal with urgent situations such as natural disasters, catastrophes, social disorder or disease epidemics within his or her local jurisdiction. The chairperson would later report to the People’s Council.

To enhance the responsibility of senior officials nominated by the Fatherland Front’s central standing committee and subsequently elected by the People’s Council, the draft amendment to the People’s Council and People’s Committee Organisation Law outlines new voting regulations.

The amended law on the organisation of the People’s Council and People’s Committee has five chapters and 68 articles, including 17 new and 27 revised.

Chairman of the NA Justice Commission Nguyen Duc Khien said that although the amended law is designed to close loopholes in the existing version, it still fails to touch many lingering problems.

For example, he noted, the functions and responsibilities of the authorities in cities are no different from those of the authorities in rural areas.

"In some parts of the draft, the distinct functions and responsibilities of the People’s Council and the People’s Committee are not made specifically clear," he said.

"Some communes have up to 50,000 people while others may have as few as 150. The functions and responsibilities of the People’s Council and the People’s Committee should be defined with regard to the size of the population in particular areas," Khien explained.

As for amendments to the People’s Council election law, Trung suggested that the NA should make the People’s Council a larger body with more representatives at all levels.

A People’s Council at the commune level should have 25-30 members instead of the current 19-25; at the district level, 30-40 members instead of 25-35 and at the provincial level, 50-90 instead of 45-75, he said.

The revised People’s Council election law has 10 new articles and 45 amended articles.

It provides legal guidelines on the criteria to be elected a People’s Council representative as well as election schedules and voting.

Both amendments are expected to be passed in the next legislative session later this year. If passed, they will take effect next year. — VNS