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 (Internet image)

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

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

Specifically, Article 103 of the Law on Organizing Local Government 2015 stipulates the necessary conditions for activities of delegates of the People’s Council 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.

2. Regulations on discontinuity of duties, temporary cessation and loss of rights of delegates of the People’s Council in Vietnam

Pursuant to Article 101 of the Law on Organizing Local Government 2015 (amended in 2019) stipulating discontinuity of duties, temporary cessation and loss of rights of delegates of the People’s Council as follows:

- Within their term of office, if delegates of the People’s Council have not worked any more and are not residing at administrative units from which they are delegates, they are required to apply for their duty discontinuity. Delegates of the People’s Council can request discontinuity of their duties on grounds of health problems or for other reasons.

Agreeing to the discontinuity of duties of delegates of the People’s Council shall be considered and decided by the People’s Council at the same level.

- Where delegates of the People’s Council are being prosecuted, the Standing Committee of the People’s Council shall decide to temporarily suspend these delegates from implementation of duties and powers.

Delegates of the People’s Council shall be reinstated as delegates with their duties and powers as well as their lawful interests shall also be reinstated, if competent authorities halt the investigation or the case against these delegates, or as from the effective date of the court verdict or judgement whereby these delegates have been judged not guilty or exempted from criminal liability.

- If delegates of the People’s Council have been charged by the court verdict or judgement, it is obvious that they will lose their delegate’s rights as from the date on which this verdict or judgement enters into force.

- Delegates of the People’s Council who have discontinued delegate’s duties or lost delegate’s rights, it is certain that they are also discharged from office in the Standing Committee of the People's Council and committees of the People’s Council.

3. Regulations on the dismiss of delegates of the People’s Council from office in Vietnam

According to Article 102 of the Law on Organizing Local Government 2015, dismiss of delegates of the People’s Council from office is as follows:

-  If delegates of the People’s Council have not met accepted standards any more, or no longer deserved the People’s confidence, the People’s Council or the electorate will vote to dismiss them from office.

- The Standing Committee of the People’s Council shall decide to call for the vote of the People’s Council for dismissal of delegates of the People’s Council from office, or follow the request of the Vietnam Fatherland Front Committee at the same level for the vote of the electorate for this dismissal.

- Under the first circumstance, at least two thirds of delegates of the People’s Council vote for this dismissal.

4. Under the latter circumstance, the dismissal shall be carried out in conformity with the procedure stipulated by the National Assembly Standing Committee.

Ho Quoc Tuan

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