Resolving citizens' complaints regarding the construction of public infrastructure in Vietnam
Commune B is a mountainous commune located in the northern part of S province, with a 20 km border between Vietnam and China running through it. After conducting several studies and consulting with some members of the commune's People's Council and the Vice Chairman of the commune, regarding the construction of a market on a 1000m2 plot of land with an investment budget of 500 million VND to promote local economic development and improve the lives of the people, the Chairman of the People's Committee of commune B made a decision regarding the market construction plan. However, there were opposing opinions from officials and members of the People's Council of commune B. During the first meeting in 2006, the People's Council issued a resolution to suspend the implementation of the Chairman's decision on the market construction plan. When the people in the commune learned about this decision, they were disappointed, and many gathered at the headquarters of the People's Committee and the People's Council of commune B to request a meeting with the Chairman of the People's Council. How should the leaders of the People's Council and the People's Committee of commune B resolve this matter?
Resolving citizens' complaints regarding the construction of public infrastructure in Vietnam - image from internet
To resolve the situation in accordance with the law, it is necessary to apply the provisions on jurisdiction, procedures, and procedures for resolving tasks within the jurisdiction of the People's Council and the People's Committee at the commune level in deciding local economic issues in the Law on the Organization of the People's Council and the People's Committee in 2003.
The following issues need to be resolved:
First, we need to consider if the Chairman of the People's Committee of commune B have the authority and necessary conditions to make a decision on the construction plan of the commune's market. Based on Clause 2 and 3, Article 124 of the Law on the Organization of the People's Council and the People's Committee in 2003, the construction of a market in commune B is related to the local economic development plan, investment plan, and the construction of key projects. Therefore, this issue falls within the jurisdiction of the People's Committee and must be discussed collectively and decided by the People's Committee by majority vote. This is a principle of operation of the People's Committee. Furthermore, according to Article 127 of the Law on the Organization of the People's Council and the People's Committee in 2003, regarding the tasks and powers of the Chairman of the People's Committee, the decision to construct a market with an investment of 500 million VND does not fall within the jurisdiction of the Chairman of the commune-level People's Committee.
Therefore, in practice, the purpose of building a market in the commune is to promote local socio-economic development, create jobs, and improve the lives of the people. However, the way it was implemented is not in accordance with the legal provisions. The Chairman of the People's Committee of the commune relied only on personal opinions and consulted with some members of the People's Council and the Vice Chairman of the commune, without convening a People's Committee meeting to obtain the official opinion of the People's Committee. Only when the market construction is formulated into a plan, submitted to the People's Committee meeting for collective discussion, and decided by majority vote, can the decision signed by the Chairman of the People's Committee on behalf of the People's Committee be effective.
Second, we need to consider the decision of the People's Council of commune B to suspend the implementation of the Chairman's decision on the market construction plan is correct. Based on Article 78 of the Law on the Organization of the People's Council and the People's Committee in 2003, the decision of the People's Council of commune B to suspend the implementation of the Chairman's decision to build the market is completely correct. However, when suspending, the People's Council of commune B needs to state the reasons and legal basis and provide specific explanations to avoid causing confusion and dissatisfaction among the people in the commune.
Third, we also need to consider the content and steps that the Chairman of the People's Committee of commune B needs to take within their scope, jurisdiction, and responsibilities. First of all, it is necessary to address the collective complaints of the people in front of the People's Committee headquarters. It is necessary to understand the content of the complaints, the thoughts, and desires of the complainants, and explain to the people the reasons why the decision to build the market was suspended due to procedural, procedural, and jurisdictional errors, while the development policy of the socio-economic through the construction of the market is correct and will continue to be considered and decided by the local authorities in accordance with the provisions of the law.
Carry out activities related to the local market construction plan:
Based on Article 111 of the Law on the Organization of the People's Council and the People's Committee in 2003 and the needs of the people in the commune to build a market, the Chairman of the People's Committee of commune B needs to take the following steps:
- Develop a plan and construction plan for the market within the overall socio-economic development plan of the commune in 2006, discussed and agreed upon by the People's Committee in accordance with the regulations. The Chairman of the People's Committee signs on behalf of the People's Committee and submits it to the People's Council of the commune for approval.
- After obtaining the resolution of the People's Council of the commune and approval from the district People's Committee, the People's Committee of commune B will have the legal basis to organize and implement that plan.
Best regards!
