What is the People’s Council? What are the standards of conduct of delegates of the People’s Council in Vietnam?
What is the People’s Council?
Pursuant to Article 113 of the 2013 Constitution of Vietnam stipulating the People’s Council as follows:
- The People’s Council is the local state power body, representing the will, aspirations and right to mastery of the local People, shall be elected by the local People, and is responsible to the local People and state agencies at higher levels.
- The People’s Council shall decide on local issues as prescribed by a law; and supervise the observance of the Constitution and law in its locality and the implementation of its own resolutions.
What is the People’s Council? What are the standards of conduct of delegates of the People’s Council in Vietnam? (Image from the internet)
On what principle does the People’s Council operate?
Pursuant to Article 5 of the 2015 Law on Organizing the Local Government in Vietnam stipulating the principles of organization and operation of local governments as follows:
Principles of organization and operation of local governments
1. Comply with the Constitutions and laws, and govern society by laws; adhere to the democratic concentration principle.
2. Be modern, transparent, and intended for the people, and be subject to the people's supervision.
3. The People’s Council shall perform their tasks through the process of meeting and according to the majority rule.
4. The People’s Committee shall operate according to the collective system in which the People's Committee is combined with the responsibilities of the President of the People’s Committee.
Thus, the principles of organization and operation of the People’s Council include:
- Comply with the Constitutions and laws, and govern society by laws; adhere to the democratic concentration principle.
- Be modern, transparent, and intended for the people, and be subject to the people's supervision.
- The People’s Council shall perform their tasks through the process of meeting and according to the majority rule.
- The People’s Committee shall operate according to the collective system in which the People's Committee is combined with the responsibilities of the President of the People’s Committee.
What are the standards of conduct of delegates of the People’s Council in Vietnam?
Pursuant to Article 7 of the 2015 Law on Organizing the Local Government in Vietnam (amended and supplemented by Clause 3, Article 2 of the 2019 Law on Organization of Government and the Law on Organization of Local Government) stipulating the standards of conduct of delegates of the People’s Council as follows:
Standards of conduct of delegates of the People’s Council
1. Show their loyalty towards the Country, People and Constitution, and strive to accomplish the reform task with a view to achieving the goal of a prosperous people, a strong country, and an equitable, democratic and civilized society.
1a. Have one nationality: Vietnamese.
2. Demonstrate their good moral character, diligence, frugality, justice, frugality, and be a good law-abiding citizen; have a strong determination to struggle against corruption, restrain luxury or extravagance, and prevent bureaucratic, imperious and authoritarian behaviors and other violations against laws.
3. Meet vigorous academic and professional standards, and have capability, good health and working experience as well as prestige to perform duties of a delegate; prove eligible to get involved in operations of the People's Council.
4. Stay closely connected to the People, listen to opinions of constructive advice from the People and gain the People’s confidence.
Thus, the standards of delegates of the People’s Council include:
- To be loyal to the Fatherland, the people and the Constitution, to strive to carry out the renovation work, for the goal of a rich people, a strong country, democracy, justice and civilization.
- Having good moral qualities, needing, thrift, integrity, righteousness, justice, impartiality, exemplary law observance; have bravery, resolutely fight against corruption, waste, all manifestations of bureaucracy, bossiness, domination and other violations of the law.
- Having the education, expertise, capacity, health, working experience and reputation to perform the delegate duties; conditions to participate in activities of the People’s Council.
- Close contact with the People, listening to the People’s opinions, being trusted by the People.
- Having one nationality is Vietnamese nationality.
How long is the tenure of the People’s Council in Vietnam?
Pursuant to Article 10 of the 2015 Law on Organizing the Local Government in Vietnam as follows:
- The term of the People’s Council is 05 years that last from the first meeting held in this term of the People's Council to the first meeting held in the successive term of the People’s Council. Not later than 45 days before the end of term of the People’s Council, the new-term People’s Council must have been already elected.
The shortening or extension of the term of the People’s Council shall be decided if called for by the National Assembly Standing Committee.
- The term of office of delegates of the People’s Council shall coincide with the tenure of the People’s Council. Delegates of the People’s Council who are additionally elected shall begin their duties from the date of the meeting following the additional election to the date of the first meeting of the subsequent term of the People's Council.
- The term of the Standing Committee of the People’s Council, the People’s Committee and other committees of the People’s Council shall coincide with the term of the People’s Council at the same level. Whenever the term of the People’s Council ends, the Standing Committee of the People’s Council, the People's Committee and other committees of the People’s Council, shall remain on duty until the new term of the People’s Council elects the new Standing Committee of the People’s Council, the People’s Committee and other committees of the new-term People’s Council.
Nguyễn Thị Hồng Nhung
