Immunities of delegates of the People’s Council in Vietnam

Immunities of delegates of the People’s Council in Vietnam (Internet image)

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

1. Immunities of delegates of the People’s Council in Vietnam

Immunities of delegates of the People’s Council according to Article 100 of the Law on organizing the local government 2015 are as follows:

- Delegates of the People’s Council shall not be subjected to imprisonment, custody, detention, prosecution, or house or office search within the meeting of the People’s Council, or without consent from the People’s Council or the Standing Committee of the People’s Council.

- In case delegates of the People’s Council is temporarily suspended because of criminals caught in the act, the detaining authority must immediately report to the People’s Council or the Standing Committee of the People’s Council for consideration and decision.

2. Necessary conditions for activities of delegates of the People’s Council in Vietnam

Necessary conditions for activities of delegates of the People’s Council in Vietnam according to Article 103 of the Law on organizing the local government 2015 are as follows:

- Full-time delegates of the People’s Council shall be assigned tasks, paid salary, allowances and entitled to other benefits to facilitate their activities.

- Part-time delegates of the People’s Council are required to spare at least one third of working hours per year for implementation of their assigned duties or delegated powers. Working hours per year that part-time delegates of the People’s Council spend on performing their duties shall be included in total hours that such delegates have spent on working at their agencies, organizations or units and are paid salary, allowance and entitled to other benefits covered by these agencies, organizations and units. The head of agencies, organizations or units where delegates work shall be responsible for arranging work and creating necessary conditions for task performance of the People's Council's delegates.

- The People’s Committee at different levels, agencies, organizations, units or individuals, within their assigned duties and delegated powers, shall be responsible for creating favorable conditions for activities of delegates of the People’s Council.

- The Vietnam Fatherland Front Committee and its member organizations shall create necessary conditions to enable delegates of the People’s Council to communicate with electors, collect opinions, aspirations and recommendations of the People to the People's Council.

- Delegates of the People’s Council shall be paid all monthly costs incurred by their activities and provided with necessary support to facilitate their activities as well.

- The Government shall request the National Assembly Standing Committee to specify regulations, policies and conditions for activities of delegates of the People’s Council.

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 in Vietnam according to Article 96 of the Law on organizing the local government 2015 are 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.

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