Standards of and conditions on members of people’s inspection boards in Vietnam

Standards of and conditions on members of people’s inspection boards in Vietnam (Internet image)

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

1. Standards of and conditions on members of people’s inspection boards in Vietnam

According to Article 3 of Decree 159/2016/ND-CP, the criteria and conditions for members of the People's Inspection Committee are as follows:

- Members of the People's Inspection Committee must be honest, fair-minded, reputable, knowledgeable about policies and laws, and voluntarily join the People's Inspection Committee.

- Members of People's Inspection Committees in state agencies, public non-business units, state enterprises must be persons currently working at state agencies, public non-business units, state enterprises and not must be the head or deputy of the head of this agency, organization or unit.

The person elected as a member of the People's Inspection Committee must have a working time at least equal to the duration of the operation term of the People's Inspection Committee.

- A member of the People's Inspection Committee in a commune, ward or township must be a person who permanently resides in the commune, ward or township and is not incumbent on the People's Committee of the commune, ward or township.

2. Organization of people’s inspection boards in Vietnam

Organization of people’s inspection boards according to Article 6 of Decree 159/2016/ND-CP is as follows:

- The organization of a people’s inspection board in a commune, ward or township must comply with Article 68 of the Inspection Law.

- Members of a people’s inspection board in a commune, ward or township shall be elected by a people’s conference or people’s representatives’ conference in a village, hamlet or street quarter.

- A people’s inspection board must be composed of the head, deputy head and members. The head shall take general responsibility for activities of the people’s inspection board. The deputy-head has the duty to assist the head in performing tasks. Other members shall perform tasks assigned by the head.

- The term of a people’s inspection board in a commune, ward or township is two years.

3. Number of people’s inspection board members in Vietnam

According to Article 7 of Decree 159/2016/ND-CP, the number of people’s inspection board members is as follows:

- A commune/ward/township people’s inspection board must be composed of between 5 and 11 members.

For a delta commune, ward or township with a population of under 5,000, 5 or 7 members shall be elected; with a population of between 5,000 to under 9,000, 7 or 9 members shall be elected; with a population of  9,000 or more, 9 or 11 members shall be elected.

For a mountain, midland or island commune, ward or township, each village, hamlet or street quarter may elect one member, provided the total number of a people’s inspection board must not exceed 11.

- Based on the geographical area and population size, the Standing Body of the Vietnam Fatherland Front Committee of a commune, ward or township shall decide on the number of members of the commune/ward/township people’s inspection board.

4. Election of people’s inspection board members in Vietnam

Election of people’s inspection board members according to Article 8 of Decree 159/2016/ND-CP as follows:

- Based on the number of members of the commune/ward/township people’s inspection board, the Standing Body of the commune/ward/township Fatherland Front Committee shall determine the number of people’s inspection board members to be elected by villages, hamlets and/or street quarters.

- The Front’s Working Board head shall assume the prime responsibility for, and coordinate with village chiefs or street quarter heads in organizing people’s conferences or people’s representatives’ conferences in villages, hamlets and/or street quarters to elect members to the people’s inspection board.

- People’s inspection board members shall be elected at the recommendation of the Front’s Working Board and the nomination of the conference’s participants. They shall be elected by a show of hands or secret ballot as decided by the conference.

- A people’s conference or people’s representatives’ conference may proceed when more than 50% of the invited participants are present. An elected people’s inspection board member is a person who is voted for by more than 50% of the participants and selected in the descending order of number of votes for.

The Front’s Working Board head shall report the election results to the Standing Body of the commune/ward/township Fatherland Front Committee.

Le Truong Quoc Dat

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