Office of People's Council and People's Committee of the commune

OFFICE OF THE PEOPLE'S COUNCIL AND PEOPLE'S COMMITTEE OF HOA MY COMMUNE

(Attached to Decision No. 37/QD-UBND dated July 4, 2025 of the People's Committee of Hoa My commune )

I.  POSITION, FUNCTION, DUTIES AND POWERS

1. Location

The Office of the People's Council and People's Committee of the commune  is a specialized agency under the People's Committee of the commune; it performs the function of advising and assisting the People's Committee of the commune in state management of the local industry and field according to the provisions of law.

The Office of the People's Council and People's Committee of the commune  is under the direction and management of the organization, job positions, civil servant payroll, civil servant rank structure and work of the People's Committee of the commune, and at the same time is under the direction, inspection and guidance on professional expertise of the specialized agency under the Provincial People's Committee.

2. Function

Advise and assist the People's Council (abbreviated as People's Council), People's Committee (abbreviated as People's Committee) of the commune on: Programs and work plans of the People's Council, the Standing Committee of the People's Council, the People's Committee and specialized agencies under the People's Committee; advise on the activities of the Standing Committee of the People's Council; direction and administration of the Chairman of the People's Committee; provide information, ensure material and technical conditions for the activities of the People's Council and People's Committee of the commune; perform internal administrative work of the Office.

Advise and assist the Commune People's Committee in performing the state management function on: Law making and organization, law enforcement monitoring, inspection and handling of legal documents, dissemination and education of law; commune-level mediation, legal aid, adoption, civil status, authentication, management of law enforcement on handling of administrative violations and other judicial work according to the provisions of law. 

Advise and assist the Commune People's Committee on foreign affairs.

3. Duties and powers

1. Submit to the Commune People's Committee:

a) Draft resolutions of the People's Council of the commune (if any), draft decisions of the People's Committee of the commune related to the sectors and fields under the management of the department and other documents assigned by the People's Committee of the commune;

b) Draft plans for industry and sector development; programs and measures to organize the implementation of industry and sector tasks in the commune within the scope of management of the department;

c) Draft decision specifying the functions, tasks, powers and organizational structure of the department.

2. Organize the implementation of legal documents, planning, and plans after approval; provide information, propaganda, dissemination, and legal education on areas within the assigned management scope; monitor law enforcement.

3. Assist the Commune People's Committee in implementing and taking responsibility for the appraisal, registration, and issuance of licenses within the scope of responsibility and authority of the specialized agency according to the provisions of law and the assignment of the Commune People's Committee.

4. Assist the People's Committee of the commune in state management of collective economic organizations, private economic organizations, associations and non-governmental organizations operating in the area in the fields of management as prescribed by law.

5. Office sector

5.1 . Assist the  People's Council , the Standing Committee  of the People's Council , the  People 's Committee , and the Chairman of  the People 's Committee  in developing work programs and plans; organize monitoring, urging, and inspecting the agencies, departments, and branches of  the commune  to properly implement the proposed work programs and plans .

Synthesize and report periodically and suddenly on the results of implementing work programs and plans; propose and recommend solutions for effective implementation. Timely report and advise on adjusting work programs and plans to meet the management, direction and operation requirements of the People's Council  and People's Committee  of the commune .

5.2 . Assist the  People's Council and People's Committee  of the commune  in directing, implementing, inspecting, and urging the implementation of programs, work plans, and legal documents of superior State management agencies and of the  People's Council and People's  Committee of the commune .  

5.3 . Preside, coordinate or urge departments and staff centers to draft projects, reports, submissions and other documents assigned by the  People's Council and People's Committee  of the commune  to ensure quality and progress. 

5.4 . Check and review the process, content, format, and authority of the documents submitted by agencies and units to the  People's Council and People's  Committee of the commune  for signing and issuing documents or giving opinions on policies.   

In case the draft documents and submitted documents of agencies and units do not meet the requirements on format, content, order and procedures, the Office of the People's Council and People's Committee  of the commune  shall request the submitting agency to complete the draft or fully implement the order and procedures according to regulations; in case the request is not unanimously approved by the submitting agency or unit, the Office of the People's Council and People's Committee  of the commune  shall report to the Standing Committee of the People's Council of the  commune and the Chairman of the People's Committee of  the commune  for information and direction.  

The Office of the People's Council and People's Committee  of the commune  is requested by relevant agencies and units to provide relevant documents, information, data, and papers or attend meetings and work to grasp the situation and information to serve the direction and administration of the People's Council  and People's Committee  of the commune.

5.5 . Preside and coordinate  with  relevant agencies to prepare contents and conditions to serve the organization of regular People's Council meetings, People's Committee meetings and other conferences, meetings and work of the People's Council  and People's Committee  in  accordance with legal regulations. Advise and assist the Standing Committee of  the People's Council  in organizing supervision sessions and contacting voters.  

5.6 . Organize the collection, processing, management, and updating of information to serve the direction, administration, and operations of the People's Council and People's Committee  of the commune. 

5.7 . Manage and  use seals and issue documents of the  People's Council and People's Committee  of the commune . Organize and manage the agency's document and archive work in accordance with regulations; apply information technology and ensure safety and communication to serve the activities of the People's Council  and People's Committee  of the commune .        

6. Judicial field

5. 1. Submit to the People's Committee of the commune to issue :

a) Draft resolutions of the People's Council of the commune, draft decisions of the People's Committee of the commune related to the judicial field and other documents as assigned by the People's Committee of the commune;

b) Draft development plan for the field; program and measures to organize the implementation of tasks in the judicial field at the local level.

5. 2. Submit to the Chairman of the People's Committee of the commune documents under the authority of the Chairman of the People's Committee of the commune in the judicial field according to the provisions of law.

5. 3. Organize the implementation of legal documents, programs, plans and other documents in the judicial field after being approved by competent authorities.

5. 4. Assist the People's Committee of the commune in managing the work of law-making in the locality according to legal provisions and perform the following tasks:

a) Participate in drafting resolutions and decisions under the authority of the People's Council and the People's Committee of the commune, drafted by other specialized agencies under the People's Committee of the commune;

b) Comment on draft resolutions of the People's Council of the commune, draft decisions of the People's Committee of the commune; appraise draft resolutions of the People's Council submitted by the People's Committee of the commune, draft decisions of the People's Committee of the commune.

5. 5. On law enforcement organization

a) Assist the People's Committee of the commune in monitoring, providing professional and technical guidance, and inspecting the work of: checking, reviewing, systematizing, and processing legal documents; monitoring the implementation of legal documents; disseminating and educating the law; mediation at the grassroots level; and standards for legal access according to legal regulations;

b) Assist the People's Committee of the commune in monitoring, inspecting, summarizing, and concluding the implementation of legal documents, reporting, and providing information on the organization of implementation, and monitoring the implementation of legal documents in the locality according to the provisions of law;

c) Develop and submit to the People's Committee of the commune for promulgation a plan to monitor the implementation of legal documents if necessary; organize the implementation of tasks according to the plan to monitor the implementation of legal documents (if any) or according to the tasks assigned by the Provincial People's Committee; synthesize and propose to the People's Committee of the commune on handling the results of monitoring the implementation of the law and promptly handle the results of the implementation of legal documents at the request of the Provincial People's Committee;

d) Organize and monitor the implementation of legal documents in the judicial field within the state management scope of the People's Committee of the commune;

d) Assist the People's Committee of the commune in self-inspecting documents when assigned; be the focal point to assist the People's Committee of the commune in synthesizing, monitoring, and urging the self-inspection of documents according to legal regulations;

e) Advise the People's Committee of the commune to direct and urge the work of reviewing and systematizing legal documents in the locality; assist the People's Committee of the commune in developing and taking the lead in organizing the implementation of the systematization plan according to legal regulations; synthesize, develop and submit to the People's Committee of the commune to issue a Decision to announce the list of documents that have expired or temporarily suspended their validity;

g) Develop and submit to the People's Committee of the commune for promulgation programs and plans for dissemination, legal education, and mediation at the grassroots level, and organize implementation after the programs and plans are promulgated;

h) Advise and assist the People's Committee of the commune in monitoring and urging the implementation of policy communication work, draft legal documents drafted by agencies and organizations under the local government at the commune level in accordance with legal provisions; organize, monitor, urge and reward the implementation of legal dissemination and education work; implement the Law Day of the Socialist Republic of Vietnam; evaluate and prepare documents to request recognition of communes that meet local legal access standards in accordance with legal provisions;

i) Advise and assist the Commune People's Committee in organizing communication activities on grassroots mediation work, examples of good mediators, good models, and effective methods in this work; guide the activities of grassroots mediation teams; organize the construction of effective models of grassroots mediation according to the guidance of the Provincial People's Committee; consider and decide to support when mediators have accidents or risks affecting their health and life while performing mediation activities according to the provisions of law;

k) Build, train, manage and effectively use a team of legal propagandists and mediators at the grassroots level in accordance with legal regulations.

5. 6. On judicial administration

a) Assist the People's Committee of the commune in directing, monitoring, providing professional and technical guidance, and inspecting the work of: household registration and adoption in the locality according to the provisions of law;

b) Assist the People's Committee of the commune in performing household registration and resolving domestic adoptions according to the provisions of law; request the Department of Justice to report to the Chairman of the Provincial People's Committee to decide to revoke or cancel household registration papers and contents of household registration issued or registered in violation of the provisions of law (except in cases of illegal marriage);

c) Assist the People's Committee of the commune in managing, updating, and exploiting the civil status database, issuing copies of birth certificates, copies of civil status extracts, and confirming civil status information according to the provisions of law;

d) Assist the People's Committee of the commune in managing and using the Household Registration Book, Adoption Registration Book, household registration forms, adoption forms; storing the Household Registration Book, Adoption Registration Book, household registration files, adoption registration files according to the provisions of law.

5.7 . On judicial assistance

a) Assist the People's Committee of the commune in directing, monitoring, providing professional and technical guidance, and inspecting the work of: certification and legal aid in the locality according to the provisions of law;

b) Assist the Chairman and Vice Chairman of the People's Committee of the commune in issuing certified copies of originals of certified contracts and transactions, certifying paper copies and electronic copies of originals, certifying signatures (including the translator's signature) and certifying contracts and transactions under the authority of the People's Committee of the commune according to the provisions of law;

c) Assist the People's Committee of the commune in managing and using the Certification Book; storing the Certification Book and certification records according to the provisions of law;

d) Assist the Commune People's Committee in checking the standards and conditions of translation collaborators and making a list of translation collaborators, reporting to the Department of Justice for approval; assist the Chairman of the Commune People's Committee in publicly posting the approved list of translation collaborators at the headquarters of the Commune People's Committee;

d) Assist the People's Committee of the commune in explaining the right to legal aid to people eligible for legal aid and introduce them to the State Legal Aid Center and its branches in the process of performing tasks related to citizens.

5.8 . On management of law enforcement on handling administrative violations

a) Propose that the People's Committee of the commune recommend that competent authorities study and handle administrative violation handling regulations that are not feasible, not suitable to reality, or overlap or contradict in the process of enforcing the law on handling administrative violations;

b) Assist the People's Committee of the commune in training, providing professional and technical guidance, and inspecting the enforcement of laws on handling administrative violations in areas under the local management scope according to the provisions of law;

c) Assist the People's Committee and the Chairman of the People's Committee of the commune in reporting on the enforcement of laws on handling administrative violations and statistics on handling administrative violations in areas under the local management scope.

5.9 . On civil and administrative enforcement:

a) Assist the People's Committee of the commune in posting documents related to civil judgment enforcement; verify the conditions for civil judgment enforcement of the judgment debtor in the locality;

b) Advise and assist the People's Committee of the commune in coordinating the organization of enforcement of civil judgments according to the provisions of law;

c) Advise and assist the People's Committee of the commune in directing specialized agencies under the People's Committee of the commune to strictly enforce administrative judgments; direct the enforcement of administrative judgments for complicated cases that affect the socio-economic situation, security and order in the locality; report to the People's Committee of the province and the provincial civil judgment enforcement agency on the situation and results of the enforcement of administrative judgments in the locality.

5. 10. Assist the People's Committee of the commune in providing guidance and training on professional and technical aspects of judicial work to specialized agencies, other administrative organizations, civil servants of the People's Committee of the commune and other relevant organizations and individuals in accordance with the law.

6. Organize the application of scientific and technological advances; build information systems, innovate and digitalize, and archive to serve state management in the judicial field within the scope of management of the People's Committee of the commune and the professional expertise of the office.

7. Carry out information, statistics, and periodic and ad hoc reporting on the implementation of assigned tasks according to regulations of the Commune People's Committee and the Department of Justice and according to regulations of law.   

8. Inspecting organizations and individuals in accordance with the assigned sectors and fields in implementing legal regulations; receiving citizens, resolving complaints and denunciations; preventing and combating corruption and waste in accordance with local law as assigned by the Commune People's Committee and legal regulations.

9. Manage the organizational structure, job positions, civil servant payroll, civil servant rank structure, implement salary regimes, policies, incentives, rewards, discipline, training and professional development for civil servants under the scope of management according to the provisions of law, as assigned by the People's Committee of the commune.

10. Manage and be responsible for the finances and assets of the Office of the People's Council and People's Committee of the commune according to the provisions of law.

11. Perform other tasks and powers according to decentralization, authorization, and division of authority of competent authorities, the People's Committee of the commune, the Chairman of the People's Committee of the commune and according to legal regulations.

12. Perform other tasks assigned by the Commune People's Committee according to the provisions of law.

II. OFFICE LEADERS OF THE PEOPLE'S COUNCIL & PEOPLE'S COMMITTEE OF HOA MY COMMUNE