What is the template for the decision to suspend the implementation of local by-laws? What are the procedures for suspension of local by-laws in Vietnam?
What is the template for the decision to suspend the implementation of local by-laws in Vietnam? Where to download this template?
The template for the decision to suspend local by-laws is stipulated in Template 04 Appendix issued together with Decree 61/2023/ND-CP.
Download the template for the decision to suspend local by-laws here.
What is the template for the decision to suspend the implementation of local by-laws? What are the procedures for suspension of local by-laws in Vietnam?
What are the procedures for suspension of local by-laws in Vietnam?
Article 12 of Decree 61/2023/ND-CP stipulates the suspension of local by-laws as follows:
- local by-laws is entirely suspended in the following cases:
Non-compliance with the regulations on the procedure for drafting, soliciting opinions, and adopting as specified in Articles 8, 9, and 10 of Decree 61/2023/ND-CP.
- local by-laws is partially suspended in the following cases:
+ It contains content that is inconsistent with the purposes and principles of developing and implementing such documents as stipulated in Articles 3 and 4 of Decree 61/2023/ND-CP.
+ It contains content that is inconsistent with the principles of developing and implementing local by-laws as stated in Article 4 of Decree 61/2023/ND-CP and if applied, would cause serious harm or adversely affect the reputation of the local community.
- Within 03 working days from the date of receiving a written reflection from the village head, the head of the residential group, households, or citizens residing in the community, or through inspection results and reviews from relevant agencies and organizations, if any of the cases specified in clause 1 Article 12 of Decree 61/2023/ND-CP are found, the communal People's Committee shall:
+ Provide a written response to the person who reflected or petitioned, explaining that the reflection or petition lacks grounds;
+ Issue a decision to entirely suspend the implementation of the local by-laws, simultaneously guiding the local community to draft, solicit opinions on, and adopt the local by-laws to meet the conditions for recognition following the procedure specified in clause 3 Article 11 of Decree 61/2023/ND-CP for cases specified in point a clause 1 Article 12 of Decree 61/2023/ND-CP.
+ Issue a decision to partially suspend the implementation of the local by-laws, simultaneously guiding the local community to amend, supplement, or replace the content and recognize the local by-laws according to the provisions of clause 4 Article 13 of Decree 61/2023/ND-CP for cases specified in points b and c of clause 1 Article 12 of Decree 61/2023/ND-CP.
- The decision to suspend either a part or all of the local by-laws must clearly state the reason for the suspension, the timeline for completing the procedures for drafting, soliciting opinions, and adopting to propose for recognition, or the timeline for drafting, soliciting opinions, adopting, and recognizing the revised, supplemented, or replaced content of the local by-laws.
- The communal People’s Committee shall send the Decision to suspend the implementation of the local by-laws to the village head or the head of the residential group to notify the local community and concurrently send it to the communal level Vietnam Fatherland Front Committee.
- The decision to suspend the implementation of the local by-laws takes effect from the date of signing and expires when there is a decision recognizing the local by-laws that has been regularly drafted, solicited opinions on, and adopted, or a decision recognizing the revised, supplemented, or replaced local by-laws by the communal People’s Committee comes into effect.
- In the case of a complete suspension of the local by-laws, the local community must complete the procedures for drafting, soliciting opinions, and adopting the local by-laws for recognition in accordance with the regulations.
What are cases of the abolition of local by-laws in Vietnam according to Decree 61/2023/ND-CP?
Based on clause 1 Article 14 of Decree 61/2023/ND-CP as follows:
Abolition of local by-laws
1. local by-laws is entirely abolished when it falls into one of the following cases:
a) It contains content that violates the law, threatens national security, public order, and safety, infringes upon the interests of the State, or the legitimate rights and interests of organizations and individuals; is inconsistent with traditional customs and ethics; causes serious harm to the reputation of the local community;
b) It is suspended according to the provisions of point a clause 1 Article 12 of this Decree but the timeframe for completing the procedures for drafting, soliciting opinions, and adopting for recognition stipulated in the suspension decision has lapsed, and the local community has not completed these procedures;
c) It does not ensure the approval rate stipulated in Article 10 of this Decree, and the local community fails to secure the required approval rate.
Thus, local by-laws will be entirely abolished if it falls into one of the aforementioned cases.
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