Circumstances under which village conventions and agreements are abolished under Decree 61/2023/ND-CP? Circumstances under which the implementation of village conventions and agreements must be temporarily suspended?
In which cases are conventions and agreements annulled according to Decree 61/2023/ND-CP?
On August 16, 2023, the Government of Vietnam issued Decree 61/2023/ND-CP regulating the construction and implementation of conventions and agreements within residential communities.
Article 14 of Decree 61/2023/ND-CP stipulates the annulment of conventions and agreements in the following cases:
- Cases where the entire convention or agreement is annulled:
- The content is contrary to legal regulations, infringes upon national security, public order and safety, the interests of the State, lawful rights and interests of organizations and individuals; is not in line with social ethics and customs; or severely affects the reputation of the residential community;
- The implementation has been suspended as stipulated in point a, clause 1, Article 12 of Decree 61/2023/ND-CP but the deadline for drafting, soliciting opinions, and approval for recognition as specified in the suspension decision has passed without the community completing these procedures;
- The community fails to achieve the approval rate stipulated in Article 10 of Decree 61/2023/ND-CP and does not re-approve to meet the required rate.
- Cases where part of the convention or agreement is annulled:
- The implementation has been partially suspended as stipulated in points b and c, clause 1, Article 12 of Decree 61/2023/ND-CP but the community has not amended, supplemented, or replaced the content as required by the suspension decision within the specified time.
Within 05 (five) working days from the date of receipt of a written report from the Village Head or the Head of the residential quarter, or households, residents living in the community, or reports, inspections, and recommendations from relevant agencies and organizations that identify cases stipulated in clauses 1 and 2, Article 14 of Decree 61/2023/ND-CP, the People's Committee at the commune level must:
- Send a written response to the reporter, stating that the reported content is unfounded;- Issue a decision to annul the entire convention or agreement for cases stipulated in clause 1, Article 14 of Decree 61/2023/ND-CP;- Issue a decision to annul part of the convention or agreement for cases stipulated in clause 2, Article 14 of Decree 61/2023/ND-CP.
The annulment decision must be sent by the People's Committee at the commune level to the Village Head or the Head of the residential quarter to inform the community and simultaneously sent to the commune level Vietnam Fatherland Front Committee.
The annulment decision is carried out according to Form No. 05 in the Appendix issued with Decree 61/2023/ND-CP.
Cases where conventions and agreements are annulled according to Decree 61/2023/ND-CP (Image from Internet)
In which cases must the implementation of conventions and agreements be suspended according to Decree 61/2023/ND-CP?
Article 12 of Decree 61/2023/ND-CP stipulates three cases for suspending the implementation of conventions and agreements as follows:
- The convention or agreement is suspended entirely due to non-compliance with the procedures for drafting, soliciting opinions, and approval as stipulated in Articles 8, 9, and 10 of Decree 61/2023/ND-CP.
- The convention or agreement is partially suspended in cases where:
+ The content does not match the objectives and principles for constructing and implementing conventions and agreements as stipulated in Articles 3 and 4 of Decree 61/2023/ND-CP;
+ The content does not adhere to the principles for constructing and implementing conventions and agreements as stipulated in Article 4 of Decree 61/2023/ND-CP and its application would cause harm or significantly affect the reputation of the residential community.
How is the amendment and supplementation of conventions and agreements carried out?
Article 13 of Decree 61/2023/ND-CP stipulates the amendment, supplementation, and replacement of conventions and agreements as follows:
- The convention or agreement is amended, supplemented, or replaced in the following cases:
+ The content does not match the purposes and principles for constructing and implementing conventions and agreements as specified in Articles 3 and 4 of Decree 61/2023/ND-CP;
+ The content does not adhere to the principles for constructing and implementing conventions and agreements as specified in Article 4 of Decree 61/2023/ND-CP and its application would cause harm or significantly affect the reputation of the residential community;
+ The residential community deems it necessary to amend, supplement, or replace the convention or agreement.
- In cases of non-compliance with procedures for drafting, soliciting opinions, and approval as stipulated in Articles 8, 9, and 10 of Decree 61/2023/ND-CP, the residential community must amend, supplement, or replace according to the requirements of the suspension decision.
- For cases where the residential community deems it necessary to amend, supplement, or replace the convention or agreement, the proposal for amendment, supplementation, or replacement must follow the provisions stipulated in Article 7 of Decree 61/2023/ND-CP.
- The drafting, soliciting opinions, approval, and recognition of the amended, supplemented, or replaced convention or agreement as specified in clause 1, Article 13 of Decree 61/2023/ND-CP must follow the procedures stipulated in Articles 8, 9, 10, and 11 of Decree 61/2023/ND-CP.
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