What is the duration of the tenure of the People’s Council at all levels in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

What is the duration of the tenure of the People’s Council at all levels?

Pursuant to Article 10 of the Law on Local Government Organization 2015, the tenure of the People’s Council is stipulated as follows:

Article 10. Tenure of the People’s Council and the People’s Committee

1. 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.

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Thus, the tenure of the People’s Council at all levels is 5 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

The term of office of the People's Council can also be shortened or extended at the request of the National Assembly Standing Committee and approved by the National Assembly.

What are the standards of conduct of delegates of the People’s Council in Vietnam?

Pursuant to Article 7 of the Law on Local Government Organization 2015, supplemented by Clause 3, Article 2 of the Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization 2019, regulations on the standards of conduct of delegates of the People’s Council are as follows:

Article 7. 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, People's Council delegates must meet the following standards:

- Have one nationality: Vietnamese

- 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.

- 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.

- 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.

- Stay closely connected to the People, listen to opinions of constructive advice from the People and gain the People’s confidence.

What are the cases of unscheduled meetings of the People's Council in Vietnam?

Based on Article 1 of Resolution 629/2019/UBTVQH14, the organization of unscheduled meetings of the People's Council to consider and decide on matters within its jurisdiction is regulated as follows:

Article 1. The organization of People's Council sessions to consider and decide on matters within their jurisdiction

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2. For urgent matters within the jurisdiction of the People's Council that need to be decided immediately and arise between two regular sessions of the People's Council, the Standing Committee of the People's Council, either on its own or at the request of the Chairperson of the People's Committee at the same level or at least one-third of the total number of People's Council delegates, decides to convene an unscheduled meeting of the People's Council to consider and decide on the matter. The number of unscheduled meetings, the timing of their organization, and the arising tasks are determined at the local level.

During an unscheduled meeting, the People's Council may consider and decide on one or more matters within its jurisdiction. The consideration and decision-making process at an unscheduled meeting follows the same sequence and procedures as a regular session.

Therefore, when urgent matters within the jurisdiction of the People's Council arise and require immediate decisions, the Standing Committee of the People's Council decides to convene an unscheduled meeting in the following cases:

- The Standing Committee of the People's Council decides to convene on its own;

- Convened at the request of the Chairperson of the People's Committee at the same level;

- At least one-third of the total number of People's Council delegates decides to convene an unscheduled meeting.

Sincerely,

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