Process and Procedures for Temporarily Suspending Village Conventions According to Decree 61/2023/ND-CP: What Steps Are Included?
In which cases must the village convention or regulation be temporarily suspended under Decree 61/2023/ND-CP?
The temporary suspension of implementing village conventions and regulations is stipulated in Article 12 of Decree 61/2023/ND-CP.
Temporary suspension of implementing village conventions and regulations
1. The village convention or regulation is temporarily suspended entirely in cases specified at point a or partially in cases specified at points b and c of this clause:
a) Non-compliance with the prescribed sequence and procedures for drafting, collecting opinions, and passing as stipulated in Articles 8, 9, and 10 of this Decree;
b) The content does not align with the purpose and principles of constructing and implementing village conventions and regulations as stipulated in Articles 3 and 4 of this Decree;
c) The content does not align with the principles of constructing and implementing village conventions and regulations stipulated in Article 4 of this Decree, which if applied, would cause significant damage or seriously affect the reputation of the residential community.
2. Within three (03) working days from the date of receiving a written report from the village head, the head of the neighborhood group, households, or citizens residing in the residential community, or from the results of reviewing, inspecting, and recommending after supervision by relevant agencies and organizations discovering the cases specified in clause 1 of this Article, the communal People’s Committee must:
a) Send a document to the complainant or petitioner about the unfounded content of the complaint or petition;
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Thus, according to the above regulation, the entire implementation of the village convention or regulation is temporarily suspended in cases where there is non-compliance with the prescribed sequence and procedures for drafting, collecting opinions, and passing as stipulated in Articles 8, 9, and 10 of Decree 61/2023/ND-CP.
Partial suspension of village convention or regulation in cases such as:
- Content not aligning with the purpose and principles of constructing and implementing village conventions and regulations as stipulated in Articles 3 and 4 of Decree 61/2023/ND-CP.
- Content not aligning with the principles of constructing and implementing village conventions and regulations stipulated in Article 4 of Decree 61/2023/ND-CP, which if applied, would cause significant damage or seriously affect the reputation of the residential community.
What are the procedures for temporarily suspending village conventions and regulations under Decree 61/2023/ND-CP?
What are the procedures for temporarily suspending village conventions and regulations under Decree 61/2023/ND-CP?
Article 12 of Decree 61/2023/ND-CP stipulates procedures for temporarily suspending village conventions and regulations as follows:
- Within three (03) working days from the date of receiving a written report from the village head, the head of the neighborhood group, households, or citizens residing in the residential community, or from the results of reviewing, inspecting, and recommending after supervision by relevant agencies and organizations discovering the cases specified in clause 1 of Article 12 of Decree 61/2023/ND-CP, the communal People’s Committee must:
+ Send a document to the complainant about the unfounded content of the complaint.
+ Issue a decision to temporarily suspend the entire village convention or regulation and guide the residential community to draft, collect opinions, and pass the village convention or regulation to meet the conditions for recognition according to the sequence and procedures stipulated in clause 3 Article 11 of Decree 61/2023/ND-CP for cases specified at point a clause 1 Article 12 of Decree 61/2023/ND-CP.
+ Issue a decision to temporarily suspend a part of the village convention or regulation and guide the residential community to amend, supplement, replace the content and recognize the village convention or regulation according to clause 4 Article 13 of Decree 61/2023/ND-CP for cases specified at points b and c clause 1 Article 12 of Decree 61/2023/ND-CP.
+ The decision to temporarily suspend the entire or part of the village convention or regulation must clearly state the reason for suspension, the timeline for completing the procedures for drafting, collecting opinions, passing to request recognition of the village convention or regulation, or the timeline for drafting, collecting opinions, passing and recognizing the amended, supplemented, or replaced content of the village convention or regulation.
The decision to temporarily suspend the implementation of village conventions and regulations follows Form No. 04 in the Appendix issued with Decree 61/2023/ND-CP.
- The communal People’s Committee sends the decision to temporarily suspend the implementation of village conventions and regulations to the village head or the head of the neighborhood group to inform the residential community and simultaneously sends it to the Vietnam Fatherland Front Committee at the communal level.
- The decision to temporarily suspend the implementation of village conventions and regulations is effective from the date of signing and is nullified when a decision is recognized for a village convention or regulation that has complied with the correct sequence, drafting procedures, collecting opinions, and passing or a decision to recognize the amended, supplemented, or replaced village convention or regulation content by the communal People’s Committee is valid.
- For cases specified at point a clause 1 Article 12 of Decree 61/2023/ND-CP, the residential community shall complete the procedures for drafting, collecting opinions, and passing the village convention or regulation to be recognized according to regulations.
Where to download the decision form to temporarily suspend the village convention or regulation?
The decision form to temporarily suspend the village convention or regulation is stipulated in Form No. 04 Appendix issued with Decree 61/2023/ND-CP.
Download the decision form to temporarily suspend the village convention or regulation here.
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