Key Points of the Law on the Vietnam Fatherland Front 2015

On March 9, 2015, at the plenary session, the XIII National Assembly passed the revised Law on the Vietnam Fatherland Front to further promote the strength of great national unity, enhance the role, responsibility, and effectiveness of the Vietnam Fatherland Front's activities, and to be suitable with the new situation. The revised Law on the Vietnam Fatherland Front will be effective from January 1, 2016, consisting of 8 chapters and 41 articles (increased by 4 chapters and 23 articles) and is built on the basis of comprehensive amendments and supplements to the existing Law on the Vietnam Fatherland Front. It stipulates the rights, responsibilities, organization, and activities of the Vietnam Fatherland Front; the relationship between the Vietnam Fatherland Front and the State, People, and organizations; the conditions ensuring the activities of the Vietnam Fatherland Front.

The following are notable new points of the Vietnam Fatherland Front Law of 2015 (VFF Law 2015):

Regarding organization:

The Vietnam Fatherland Front is organized at the central level and administrative units. The Vietnam Fatherland Front Committee is the executive body between two congresses of the Vietnam Fatherland Front, responsible for organizing the implementation of the tasks of the Vietnam Fatherland Front. At the central level, there are the Central Committee of the Vietnam Fatherland Front, the Presidium of the Central Committee of the Vietnam Fatherland Front, and the Standing Committee of the Central Committee of the Vietnam Fatherland Front. At the local level, there are the Vietnam Fatherland Front Committees at the provincial level, centrally-governed cities (hereafter referred to collectively as the provincial level); the Vietnam Fatherland Front Committees at the district level, districts, district-level towns, cities under provincial authority, and equivalent administrative units (hereafter referred to collectively as the district level); the Vietnam Fatherland Front Committees at the commune level, wards, commune-level townships (hereafter referred to collectively as the commune level). At each level, there is the Standing Committee of the Vietnam Fatherland Front Committee. The communal-level Vietnam Fatherland Front Committee establishes the Front's Working Committee in hamlets, villages, quarters, wards, clans, communities, residential quarters, streets, and other residential communities (hereafter referred to collectively as residential communities). The organization and activities of the Front's Working Committee are regulated by the Charter of the Vietnam Fatherland Front (Article 6).

On the rights, responsibilities, organization, and activities of the Vietnam Fatherland Front:

1. Gather and build a solid block of great national unity, practice democracy, and enhance social consensus:

The Vietnam Fatherland Front and its member organizations are responsible for gathering and uniting all Vietnamese people at home and abroad regardless of social class, ethnicity, faith, or religion, to mobilize all resources contributing to the construction and protection of the Fatherland through propaganda and mobilization of the People to promote the tradition of patriotism and national unity; participating in patriotic emulation movements and campaigns; uniting and cooperating with lawful organizations of the People; promoting the positive qualities of exemplary individuals across various social strata, ethnicities, and religions to execute coordination and unified action programs of the Vietnam Fatherland Front Committee; admitting and developing Vietnam Fatherland Front members; propagating and mobilizing overseas Vietnamese to unite, assist each other in life, respect the laws of the host country; preserve and promote the cultural identity and good traditions of the nation; maintain close ties with family and homeland, contributing to the construction and defense of the Fatherland; engaging in other activities related to the rights and responsibilities of the Vietnam Fatherland Front (Articles 12, 13).

The Vietnam Fatherland Front cooperates with state agencies to build a solid block of great national unity through proposing and participating in the formulation and implementation of policies and laws related to gathering and building the great national unity; presiding, coordinating, and participating in activities related to the rights and responsibilities of its organization; engaging in dialogue, reconciliation, and building self-managed communities at the residential level; participating in developing and implementing the State’s social security policies; proposing and participating in programs, movements, and campaigns to improve the material and spiritual life of the People.

The Vietnam Fatherland Front Committee coordinates and unifies actions among its members to build a solid block of national unity through activities: organizing or cooperating with state agencies to mobilize national and comprehensive patriotic movements; member organizations mobilizing their members and the People to participate; organizing or cooperating with state agencies to mobilize local patriotic movements; coordinating with state agencies to organize movements related to its rights and responsibilities; organizing forms of mobilization that harness the core role of exemplary members in the Vietnam Fatherland Front's activities.

2. Propagating and mobilizing the People to practice their rights, implement the Communist Party’s policies, and the State's laws:

The Vietnam Fatherland Front propagates and mobilizes the People to implement the Communist Party's policies and the State's laws; participates with the government in mobilizing the People to practice democracy at the grassroots level, local customs, and conventions at residential areas; directs the activities of the People’s Inspection Boards established at the commune level and Community Investment Supervision Boards; engages in grassroots reconciliation activities (Article 17).

3. Representing and protecting the legitimate rights and interests of the People:

The Vietnam Fatherland Front represents and protects the legitimate rights and interests of the People through reflecting opinions and recommendations of voters and the People; coordinating to organize voter meetings with National Assembly deputies, People’s Council deputies at all levels; receiving citizens, participating in resolving complaints, denunciations, and granting pardons. Specifically:

- The Presidium of the Central Committee of the Vietnam Fatherland Front presides and coordinates with the Standing Committee of the National Assembly to summarize the opinions and recommendations of voters and the People nationwide to report at National Assembly sessions. The Standing Committee of the provincial-level Vietnam Fatherland Front Committee coordinates with the delegation of the National Assembly to summarize local voters’ opinions and recommendations to send to the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front. The Standing Committees of the Vietnam Fatherland Front Committees at all levels coordinate with the Standing Committees of People’s Councils, People’s Committees to summarize the opinions and recommendations of voters and the People to announce at sessions of the People's Councils at the same level regarding local issues. The Vietnam Fatherland Front members summarize the opinions and recommendations of their members, cadres, and various strata of the People to send to the Standing Committees of the Vietnam Fatherland Front Committee at their levels. The Standing Committees of the Vietnam Fatherland Front Committees at all levels are responsible for summarizing the opinions and recommendations of their members and lower-level Standing Committees to reflect and recommend to Communist Party and State agencies at the same level.

- The Standing Committee of the provincial-level Vietnam Fatherland Front Committee coordinates with the delegation of the National Assembly, the Standing Committees of People’s Councils, People’s Committees at the same level, and relevant agencies and organizations to organize the voter meeting plans for National Assembly deputies, People’s Council deputies at the provincial level; organizes conferences to meet voters. The district and commune-level Standing Committees of the Vietnam Fatherland Front Committee coordinate with the Standing Committees of People’s Councils, People’s Committees at the same level to organize the voter meeting plans for National Assembly deputies, People’s Council deputies at provincial, district, and commune levels; organize voter meetings. The National Assembly Standing Committee, the Vietnam Government, coordinate with the Presidium of the Central Committee of the Vietnam Fatherland Front to issue a joint resolution detailing the organization of voter meetings of National Assembly deputies and People’s Council deputies.

- The Vietnam Fatherland Front carries out citizen reception; participates in resolving complaints, denunciations, and pardons according to the law.

4. Participating in building the Communist Party and the State:

The Vietnam Fatherland Front participates in building the Communist Party and the State through participating in elections, selecting judges, procurators, introducing people to participate as people's jurors, appointing people’s defense advocates, lawmaking, attending sessions of the National Assembly, meetings of the Standing Committee of the National Assembly, the Vietnam Government, sessions of People’s Councils, meetings of People’s Committees; engaging in anti-corruption activities, preventing waste, and making recommendations to the State. Specifically:

- The Vietnam Fatherland Front participates in organizing consensus conferences, selecting, and introducing candidates for National Assembly deputies, People's Council deputies; participating in election management organizations; coordinating with relevant state agencies to organize voter conferences at the commune level, meetings between voters and candidates; participating in propagating and mobilizing voters to comply with election laws.

- The Central Committee of the Vietnam Fatherland Front appoints representatives to the National Judge Selection and Supervision Council, National Procurator Selection Council, and Selection Councils for junior, intermediate, and senior procurators according to legal provisions. The provincial and district-level Vietnam Fatherland Front Committees preside over selecting, introducing qualified individuals to be elected as People's Jurors according to legal provisions. The district-level and higher Vietnam Fatherland Front Committees have the right to designate people’s defense advocates to defend individuals accused of crimes who are members of their organization.

- The Presidium of the Central Committee of the Vietnam Fatherland Front has the right to propose legislation, ordinances to the National Assembly and its Standing Committee; submit draft laws, ordinances to the National Assembly and its Standing Committee. The Vietnam Fatherland Front participates in commenting on draft constitutions, draft laws, ordinances, and other legal documents according to law; recommends amendments, supplements, and abolishment of unconstitutional or unlawful documents to competent state agencies. In the legislative drafting process, drafting agencies and relevant agencies are responsible for facilitating the Vietnam Fatherland Front’s participation in contributing ideas; incorporating and responding to comments from the Vietnam Fatherland Front according to law.

- The Chairman of the Central Committee of the Vietnam Fatherland Front attends National Assembly sessions; is invited to join the meetings of the Standing Committee of the National Assembly, the Vietnam Government when discussing issues related to the tasks and powers of the Vietnam Fatherland Front. The Chairman of the local-level Vietnam Fatherland Front Committee attends sessions of the People's Councils; is invited to join the meetings of the People’s Committees at the same level when discussing issues related to the duties and powers of the Vietnam Fatherland Front. At regular sessions of the People's Councils, the Vietnam Fatherland Front Committee at the same level informs about the activities of the Vietnam Fatherland Front in building the government, conveying local opinions and recommendations; proposes issues necessary to People's Councils and People's Committees.

- The Vietnam Fatherland Front carries out propaganda and mobilizes the People to implement anti-corruption laws, practice thrift, and prevent waste; requests authorities to apply anti-corruption measures, request verification of corruption and waste cases, and handling individuals with corrupt or wasteful acts; recommends competent State agencies to implement measures to protect and reward individuals who have contributed to detecting and denouncing corrupt and wasteful acts.

- The Vietnam Fatherland Front comments and recommends to competent authorities on implementing the tasks and powers of these agencies and individuals. Authorities and individuals have the responsibility to facilitate the Vietnam Fatherland Front’s participation in commenting and making recommendations; incorporating and responding to the Vietnam Fatherland Front’s comments and recommendations according to law.

5. Conducting supervision:

The Vietnam Fatherland Front’s supervision involves Vietnam Fatherland Front Committees at all levels or proposing member organizations to monitor, review, evaluate, and make recommendations regarding the activities of agencies, organizations, elected representatives, officials and public employees, concerning policy and law implementation, social representation, protecting the legitimate rights and interests of the People; detecting and recommending handling violations and gaps, proposing policy and law revisions; identifying and spreading new factors, exemplary models, and positive aspects; empowering the people, contributing to the construction of a clean, strong State. The Vietnam Fatherland Front supervises state agencies, organizations, elected representatives, officials, and public employees. The supervision content concerns implementing policies and laws related to the lawful and legitimate rights and interests of the People and the Vietnam Fatherland Front’s rights and responsibilities. Supervision forms include reviewing authorized documents related to the lawful and legitimate rights of the People; organizing supervision delegations; utilizing People’s Inspection Boards at the commune level, Community Investment Supervision Boards; participating in supervision activities with competent agencies and organizations.

In supervision activities, the Vietnam Fatherland Front has the right and responsibility to cooperate with relevant agencies and organizations to build supervision programs, content, and plans; decide on establishing supervision delegations and organizing supervision activities according to plans or when necessary; request supervised agencies, organizations, and individuals to report in writing and provide relevant information and documents; review issues related to the supervision content; organize dialogues to clarify post-supervision recommendations if necessary or at the request of the supervised agencies, organizations, and individuals; propose competent authorities to consider measures to protect the State's interests and the legitimate rights of organizations and individuals if harmful acts are detected; recommend examining the responsibilities of violating agencies, organizations, and individuals according to law; issue or cooperate with relevant organizations to issue documents on supervision results; take responsibility for post-supervision recommendations content; monitor, and encourage resolving post-supervision recommendations; propose competent authorities to review the responsibilities of agencies, organizations, and individuals not resolving or improperly resolving post-supervision recommendations according to law; commend or recommend competent organizations to reward individuals with achievements in supervision activities.

Supervised agencies, organizations, and individuals must report in writing according to the supervision content; provide information and documents related to supervision; supplement and clarify relevant issues; present views on matters within their powers; facilitate the Vietnam Fatherland Front's supervision activities; consider, resolve, and respond to the Vietnam Fatherland Front's post-supervision recommendations; implement the conclusions and resolution decisions issued by competent authorities related to post-supervision recommendations of the Vietnam Fatherland Front. Regularly, every six months, the National Assembly, the Vietnam Government, People’s Councils, and People’s Committees listen to the Vietnam Fatherland Front Committee at the same level report on supervision results; request relevant agencies, organizations, and individuals to consider and address the Vietnam Fatherland Front's post-supervision recommendations. Agencies, organizations, and individuals within their tasks and powers must facilitate and provide necessary information and documents for supervision at the request; when necessary, appoint individuals to participate in supervision on relevant issues; facilitate the Vietnam Fatherland Front's supervision; consider and resolve the Vietnam Fatherland Front's post-supervision recommendations according to law.

The Presidium of the Central Committee of the Vietnam Fatherland Front and provincial-level Vietnam Fatherland Front Committees have the right to propose removing a National Assembly deputy who no longer deserves the people's trust. Local Vietnam Fatherland Front Committees have the right to propose removing People’s Council deputies who no longer deserve the people's trust according to law. Local Vietnam Fatherland Front Committees have the right to recommend to the Standing Committees of People’s Councils to present to People’s Councils for a vote of confidence on positions elected by People’s Councils according to law. Vietnam Fatherland Front Committees at all levels must gather and summarize voter opinions and recommendations regarding people subject to the vote of confidence to send to the National Assembly and People’s Councils before their sessions.

6. Social Criticism:

Social criticism by the Vietnam Fatherland Front refers to the activities where the Vietnam Fatherland Front Committees at various levels directly or propose that member organizations of the Front provide comments, evaluations, and recommendations on draft legal documents, plans, programs, projects, or proposals (hereinafter collectively referred to as draft documents) of state agencies. The subjects of social criticism by the Vietnam Fatherland Front are draft documents of state agencies at the same level that directly relate to the legitimate rights and interests of the people, as well as the rights and responsibilities of the Vietnam Fatherland Front. The content of social criticism by the Vietnam Fatherland Front includes the necessity; the conformity with the policies and guidelines of the Communist Party, state laws; correctness, scientific validity, feasibility; forecast impact, political, economic, cultural, social, defense, security, and foreign policy efficiency of the draft documents; ensuring the harmonization of interests among the state, the people, and organizations.

At the suggestion of the Vietnam Fatherland Front Committee or as prescribed by law, socio-political organizations shall take the lead in social criticism of subjects specified in Clause 1 of this Article, which directly relate to the legitimate rights and interests of their members, and the rights and responsibilities of their organizations. Other member organizations shall cooperate with the Vietnam Fatherland Front Committee to carry out social criticism of subjects specified in Clause 1 of this Article that directly relate to the legitimate rights and interests of their members, and the rights and responsibilities of their organizations.

Forms of social criticism include:

  1. Organizing social criticism conferences.

  2. Sending the critiqued documents to relevant agencies, organizations, and individuals to collect social criticism opinions.

  3. Organizing direct dialogues between the Vietnam Fatherland Front and the agencies, organizations with the critiqued documents.

The agencies and organizations drafting the critiqued documents are responsible for: sending the draft documents for social criticism to the Vietnam Fatherland Front at least fifteen days before submitting them to the competent authorities for decision; providing necessary information and materials; assigning responsible individuals to attend social criticism conferences or dialogues when requested by the Vietnam Fatherland Front; replying in writing regarding the adoption of social criticism opinions to the Vietnam Fatherland Front; in cases where the recommendations are not adopted, they must explain and report the social criticism opinions of the Vietnam Fatherland Front to the competent authorities for issuance.

Source: Central Internal Affairs Commission

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