Who are delegates of the People’s Council? What are the regulations on standards of conduct of delegates of the People’s Council in Vietnam? - Ngoc Huong (Tien Giang)
Article table of contents
Who are delegates of the People’s Council? Standards of conduct of delegates of the People’s Council in Vietnam (Source: Internet)
1. Who are delegates of the People’s Council?
According to Clause 2, Article 6 of the Law on Organization of Local Government 2015, delegates of the People’s Council shall represent wills and desires of the local people, and take responsibility to local voters and the People’s Council for exercising powers and performing duties of a delegate.
Delegates of the People’s Council shall be all equal to discuss and decide issues that fall within the duties and powers of the People’s Council.
2. Standards of conduct of delegates of the People’s Council in Vietnam
According to Article 7 of the Law on Organization of Local Government 2015 (amended in 2019), standards of conduct of delegates of the People’s Council are as follows:
- 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.
3. Rights of delegates of the People’s Council to ask questions in Vietnam
Rights of delegates of the People’s Council to ask questions according to Article 96 of the Law on Organization of Local Government 2015 is as follows:
- Delegates of the People’s Council shall be vested with the right to put questions to the President of the People’s Committee, the Vice President of the People’s Committee, members of the People’s Committee, Chief Justice of the People’s Court and the Head of the People’s Procuracy at the same level. Questioned persons shall be obliged to answer questions of delegates of the People’s Council.
- During the meeting, delegates of the People’s Council shall send questions to the Standing Committee of the People's Committee at the same level. Questioned persons shall be obliged to answer questions to the People’s Council in that meeting.
In case any investigation or verification is required, the People’s Council can decide whether questions will be answered at the next meeting of the People’s Council, or written answers will be sent to questioning delegates and the Standing Committee of the People’s Council.
- In between sessions of the People’s Council, questions of delegates of the People’s Council shall be sent to the Standing Committee of the People’s Council at the same level to forward them to questioned persons and deadline for answering questions shall be decided as well.
4. Rights of delegates of the People’s Council to give recommendations in Vietnam
Rights of delegates of the People’s Council to give recommendations according to Article 97 of the Law on Organization of Local Government 2015 (amended in 2019) are as follows:
(1) Delegates of the People’s Council shall be vested with the right to make recommendations to the People’s Council to take the vote of confidence for incumbents elected by the People’s Council, convene unscheduled or recommendation-sending meetings and make other recommendations that delegates find necessary.
(2) Recommendations from delegates of the People’s Council shall be sent in writing to the Standing Committee of the People’s Council in which reasons and contents must be clearly stated.
The Standing Committee of the People’s Council shall be responsible for aggregating and handling recommendations from delegates of the People’s Council within its jurisdiction and report to the People’s Council under the circumstances stipulated in item (3) or others that the Standing Committee of the People’s Council finds necessary.
(3) In case more than one third of delegates of the People’s Council make recommendations to the People’s Council on the vote of confidence towards position-holders elected by the People’s Council, or on unscheduled or closed meetings held by the People’s Council, the Standing Committee of the People’s Council shall report to the People’s Council for consideration and decision.
(4) The number of necessary recommendations stipulated in item (3) is total recommendations received by the Standing Committee of the People’s Council within the period from the opening date of this meeting to the opening date of the next meeting, or to the pre-session date, on relevant contents in the event that delegates of the People’s Council recommend the People’s Council to hold the closed meeting.
(5) Delegates of the People’s Council shall be vested with the right to recommend agencies, organizations or individuals to apply necessary measures to implement the Constitution and legislation, and protect rights and interests of the State, human rights and lawful rights and interests of citizens.
Quoc Dat
