How long is the term of the People's Inspectorates in communes, wards or towns in Vietnam?

How long is the term of the People's Inspectorates in communes, wards or towns in Vietnam? (Internet image)

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

1. Who are the People’s Inspectorate in a commune, ward or town?

According to Clause 3, Article 36 of the Law on Implementation of Grassroots-level Democracy 2022, the People’s Inspectorate in a commune, ward or town shall be composed of the Head, Vice Head and Member(s)

. The Head of the People’s Inspectorate shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform duties assigned by the Head.

2. How long is the term of the People's Inspectorates in communes, wards or towns in Vietnam?

Term of the People’s Inspectorate shall coincide with the term of the head of a village or residential quarter within the same jurisdiction.

During his/her term of office, if any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for resignation, the commune-level Vietnam Fatherland Front Committee shall request the village or residential quarter that has elected that member to consider termination of his/her office.

Where the position of member of the People’s Inspectorate is vacant during term of office and the number of days left to expiry of office is equal to at least 06 months, the Committee on Fatherland Front Affairs in a village or residential quarter shall cooperate with the head of the village or residential quarter in conducting the election of additional member of the People’s Inspectorate under the guidance of the commune-level Vietnam Fatherland Front Committee.

(Clause 2, Article 36 of the Law on Implementation of Grassroots-level Democracy 2022)

3. Duties and powers of People's Inspectorates in communes, wards or towns in Vietnam

Specifically, Article 38 of the Law on Implementation of Grassroots-level Democracy 2022 stipulates the duties and powers of People's Inspectorates in communes, wards, towns as follows:

- Check over implementation of decisions that have been made available for public consultation; supervise the implementation of policies, laws, the compliance with laws on implementation of democracy at the grassroots level by local governments of communes, commune-level public officials, staff members and part-timers in communes, villages and residential quarters.

- Give competent agencies or persons recommendations about sanctions or actions to be taken according to regulatory provisions when detecting signs of violation against laws and supervise the implementation of such recommendations.

- Request commune-level local governments, commune-level public officials and staff members to provide relevant information and documents to serve verification, inspection and supervision purposes.

- Consider and verify specific cases at the request of citizens and residential community.

- Appeal to Presidents of commune-level People's Committees, commune-level public officials and staff members; heads of villages and residential quarters to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of organizations and citizens; commend units and individuals delivering good performance. If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.

- Attend meetings of the People's Councils and the Commune-level People's Committees related to the performance of inspection and supervision tasks of the People's Inspectorates.

- Process complaints and petitions of citizens, residential community and entities or persons relating to the scope of inspection and supervision of People's Inspectorates.

4. Regulations on the activities of People’s Inspectorates in communes, wards or towns in Vietnam

Activities of People’s Inspectorates in communes, wards or towns are regulated as follows:

- People’s Inspectorates in communes, wards, towns shall be instructed and guided by commune-level Fatherland Front Committees.

- According to the action plan and the direction and guidance of the Vietnam Fatherland Front Committee at the commune level, the People's Inspectorate shall develop their own guidelines and action plans on a quarterly, six-monthly and annual basis.

- People’s Inspectorates shall be responsible for submitting periodic reports or on-demand reports on their performance to commune-level Vietnam Fatherland Front Committees. People’s Inspectorates shall be invited to attend meetings of the People's Councils, the commune-level People's Committees or the commune-level Fatherland Front Committees related to the performance of inspection and supervision tasks of the People's Inspectorates.

(Article 39 of the Law on Implementation of Grassroots-level Democracy 2022)

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