At least how many members must the Community-based Investment Supervision Board have? What are the standards of members of the Community-based Investment Supervision Board in Vietnam?
At least how many members must the Community-based Investment Supervision Board have?
Pursuant to Article 41 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Organization of the Community-based Investment Supervision Board
1. The Community-based Investment Supervision Board is established by the decision of the Vietnam Fatherland Front Committee at the commune level according to each public investment program, project, or public-private partnership (PPP) investment project implemented at the commune level, programs and projects that are run by monetary and labor investment of population community, or by direct funding provided by organizations and individuals for communes.
Community-based Investment Supervision Board shall have at least 05 members, including representatives of Vietnam Fatherland Front Committees at the commune level, People's Inspectorates in communes, wards or townships, and representatives of the public living in villages, residential quarters where these programs or projects are located. The Community-based Investment Supervision Board shall be automatically dissolved after fulfillment of its assigned tasks.
2. The Community-based Investment Supervision Board shall be composed of a Head, Vice Head(s) and members. The Head of the Community-based Investment Supervision Board shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform the duties assigned by the Head.
According to regulations, the Community-based Investment Supervision Board shall have at least 05 members.
Members of the Community-based Investment Supervision Board include:
- Representatives of Vietnam Fatherland Front Committees at the commune level
- Representatives of People's Inspectorates in communes, wards or townships,
- Representatives of the public living in villages, residential quarters where these programs or projects.
At least how many members must the Community-based Investment Supervision Board have? What are the standards of members of the Community-based Investment Supervision Board in Vietnam?
What are the standards of members of the Community-based Investment Supervision Board in Vietnam?
Pursuant to the provisions of Article 42 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Standards of members of the Community-based Investment Supervision Board
1. Have good moral qualities, show honesty, equality and prestige amongst residential community; have good health condition to complete their assigned tasks; have knowledge about regulatory policies, laws or experience or expertise in the sectors relating to investment programs and projects, and act of their own free will to participate in the Community-based Investment Supervision Board.
2. Act as local residents and not concurrently hold the position of a commune-level public official or civil servant; have none of their relatives who have competence in deciding investment; are the investors or the investor's representatives, the investor's consulting units, project contractors or the contractor's consulting and supervision units, or the persons who directly manage investment projects in communes.
Thus, in order to become a member of the Community-based Investment Supervision Board, one must good moral qualities, show honesty, equality and prestige amongst residential community; have good health condition to complete their assigned tasks; have knowledge about regulatory policies, laws or experience or expertise in the sectors relating to investment programs and projects, and act of their own free will to participate in the Community-based Investment Supervision Board.
At the same time, they must act as local residents and not concurrently hold the position of a commune-level public official or civil servant; have none of their relatives who have competence in deciding investment; are the investors or the investor's representatives, the investor's consulting units, project contractors or the contractor's consulting and supervision units, or the persons who directly manage investment projects in communes.
What are the duties and powers of the Community-based Investment Supervision Board in Vietnam?
The duties of the Community-based Investment Supervision Board are based on the provisions of Clause 1, Article 43 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam as follows:
Duties and powers of the Community-based Investment Supervision Board
1. The Community-based Investment Supervision Board shall assume the following duties:
a) Monitor and supervise the conformity of investment policies and decisions with investment planning schemes and plans in communes; the investor's observance of regulations on land boundaries and land use, detailed site planning, architectural, construction, waste treatment, environmental protection, compensation and site clearance, resettlement and investment plans; state and progress of implementation of programs and projects, implementation of information disclosure practice during the investment process with respect to public investment programs and projects, and investment projects financed by other capital sources in communes;
b) For programs and projects implemented by capital and labor of residential community, projects funded by the commune-level budget or by direct funding that organizations and individuals provide for communes, carry out monitoring, inspection and supervision of the implementation of those specified at point a of this clause, and inspect and supervise the observance of processes, technical regulations, quotas and types of materials as prescribed; monitoring and checking of the results of acceptance testing and financial accounts of projects;
c) Discover acts that may harm public interests; negative impacts of a public investment project on the living environment of the public during the period of investment in and operation of a public investment project; activities that inflict any loss and waste of capital and assets of a public investment program or project.
The powers of the Community-based Investment Supervision Board are based on the provisions of Clause 2, Article 43 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam as follows:
Duties and powers of the Community-based Investment Supervision Board
...
2. The Community-based Investment Supervision Board shall have the following powers:
a) Request competent state management agencies to provide planning information relevant to the decisions on investment projects and land use plans in accordance with law on land;
b) Request relevant state management agencies to give responses regarding issues under their management as prescribed by law;
c) Request program owners and investors to provide responses or information for investment supervision, including investment decisions; information about the investors, project management boards, contact addresses; investment schedules and plans; size of land to be occupied and used; detailed site plans and architectural plans; compensation, site clearance and resettlement plans; waste treatment and environmental protection plans.
For the programs and projects implemented by capital and labor of residential community, the projects funded by the commune-level budget or by direct funding that organizations and individuals provide for communes, in addition to the foregoing, program or project owners shall provide information about processes, technical regulations, types or quotas of materials; results of acceptance testing and financial accounts of projects;
dd) Receive complaints from citizens and forward them to competent state management agencies, or conduct inspection and supervision within the scope of tasks and powers of the Board; receive responses of competent state management agencies on citizens' petitions and inform citizens of these responses;
dd) When detecting signs of violation against law during the project implementation period, which seriously affects production, security, culture, society, living environment of the community, or the investor fails to publicize information on investment programs and projects as prescribed by law, the Board shall report the case to competent state management agencies and recommend handling measures; where necessary, the Board shall propose competent authorities to suspend the investment and operation of projects.
Thus, the duties and powers of the Community-based Investment Supervision Board are specified as above.
The 2022 Law on Implementation of Grassroots-level Democracy in Vietnam takes effect from July 1, 2023.
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