Regulations on the annulment of community covenants in Vietnam

Regulations on the annulment of community covenants in Vietnam​ (Image from Internet)

1. Principles for the development and implementation of community covenants in Vietnam

The principles for the development and implementation of community covenants in Vietnam according to Article 4 Decree 61/2023/ND-CP are as follows:

- Compatible with the guidelines and policies of the Vietnam Communist Party, and the laws of the State; not reiterate issues already governed by legal documents.

- Originating from the self-governing needs of the people, on the basis of voluntarily, agreement, consensus, openness, and transparency within the community; fully promoting the mastery rights of the people and their responsibility towards the community.

- Respecting the autonomy, cultural diversity, and freedom of belief and religion of the community.

- Compatible with social ethics, good customs, and traditions; protecting, preserving, and promoting the values of traditional culture; establishing new cultural values and civilized conduct rules suitable to the characteristics of the community.

2. Regulations on the annulment of community covenants in Vietnam

According to Article 14 Decree 61/2023/ND-CP, the annulment of community covenants is as follows:

- A village convention or community agreement is entirely annulled under the following circumstances:

+ Contains content contrary to the provisions of the law, infringes on national security, order, and social safety, infringes on the interests of the State, or the legitimate rights and interests of organizations and individuals; not in line with social ethics, traditional customs and practices; severely affects the reputation of the community;

+ Temporarily halted under the provisions at point a, clause 1, Article 12 of Decree 61/2023/ND-CP, but the deadline for completing the procedures for drafting, obtaining opinions, and approval for recognition in the temporary suspension decision has expired without the community completing these procedures;

+ Does not ensure the adoption rate specified in Article 10 Decree 61/2023/ND-CP, and the community has not reimplemented the adoption to ensure the rate according to the regulations.

- A village convention or community agreement is partially annulled if it has been partially suspended under the provisions at points b and c, clause 1, Article 12 of Decree 61/2023/ND-CP, but the deadline for amendment, supplementation, replacement set in the temporary suspension decision has expired without the community implementing the amendment, supplementation, or replacement.

- Within 05 (five) working days from the date of receiving a written reflection from the village head or head of the residential group, households, residents living in the community, or through review, inspection, and recommendation after supervision by relevant agencies and organizations finding cases specified in clauses 1, 2, Article 14 Decree 61/2023/ND-CP, the commune-level People's Committee shall:

+ Provide a written reply to the complainant or petitioner about the lack of basis in the complaint or petition;

+ Issue a decision to abolish the entire village convention or community agreement for the cases specified in clause 1, Article 14 Decree 61/2023/ND-CP;

+ Issue a decision to abolish part of the village convention or community agreement for the cases specified in clause 2, Article 14 Decree 61/2023/ND-CP.

- The annulment decision must be sent by the commune-level People's Committee to the village head or head of the residential group to notify the community and simultaneously to the commune-level Vietnamese Fatherland Front Committee.

The annulment decision for village conventions, community agreements is executed according to Form No. 05 in the Appendix issued together with Decree 61/2023/ND-CP.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE