Tenure of the People’s Council and the People’s Committee in Vietnam

Tenure of the People’s Council and the People’s Committee in Vietnam (Internet image)

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

1. Tenure of the People’s Council and the People’s Committee in Vietnam

Tenure of the People’s Council and the People’s Committee in Vietnam according to Article 10 of the Law on organizing the local government 2015 is as follows:

- The term of the People’s Council is 05 years that last from the first meeting held in this term of the People's Council to the first meeting held in the successive term of the People’s Council. Not later than 45 days before the end of term of the People’s Council, the new-term People’s Council must have been already elected.

The shortening or extension of the term of the People’s Council shall be decided if called for by the National Assembly Standing Committee.

- The term of office of delegates of the People’s Council shall coincide with the tenure of the People’s Council. Delegates of the People’s Council who are additionally elected shall begin their duties from the date of the meeting following the additional election to the date of the first meeting of the subsequent term of the People's Council.

- The term of the Standing Committee of the People’s Council, the People’s Committee and other committees of the People’s Council shall coincide with the term of the People’s Council at the same level.

Whenever the term of the People’s Council ends, the Standing Committee of the People’s Council, the People's Committee and other committees of the People’s Council, shall remain on duty until the new term of the People’s Council elects the new Standing Committee of the People’s Council, the People’s Committee and other committees of the new-term People’s Council.

2. Regulations on supervisory operations of the People’s Council in Vietnam

Regulations on supervisory operations of the People’s Council in Vietnam under Article 87 of the Law on organizing the local government 2015 are as follows:

- The People’s Council shall exercise its supervisory power in the People’s Council’s meeting and this exercise of power must be based on supervisory operations of the Standing Committee of the People's Council, Committees of the People’s Council, Delegate Coalitions of the People’s Council and delegates of the People’s Council.

- The People’s Council shall decide supervisory contents upon the request submitted by the Standing Committee of the People’s Council on the basis of recommendations offered by Committees of the People’s Council, Delegate Coalitions of the People’s Council, delegates of the People’s Council, Vietnam Fatherland Front Committee at the same level as well as opinions and recommendations offered by the local electorate.

- The People’s Council shall exercise their supervisory power through the following actions:

= Consider task performance reports made by the Standing Committee of the People’s Council, the People’s Committee, the People’s Court and the People’s Procuracy at the same level;

= Consider reports of the People’s Committee at the same level on the enforcement of the Constitution and legislative documents issued by the superior-level state organs and resolutions of the People’s Council at the same level;

= Consider reports of the People’s Committee at the same level on the enforcement of the Constitution and legislative documents issued by the superior-level state organs and resolutions of the People’s Council at the same level;

= Consider query responses from 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, the Head of the People’s Procuracy at the same level;

= Establish the Commission of Supervision of a single issue when necessary and consider the supervision result produced by the Commission of Supervision.

- Based on the supervision result, the People’s Council shall have the following powers:

= Request the People’s Committee, the President of the People’s Committee at the same level to issue documents to enforce the Constitution, legislation and resolutions of the People’s Council;

= Abolish part or all of documents issued by the People’s Committee and the President of the People’s Committee at the same level in breach of the Constitution and legislative documents issued by the superior-level state organs and resolutions of the People’s Council;

= Pass the resolution on query responses and responsibilities of persons charged with responding to queries when necessary.

= Discharge and dismiss the Chairperson of the People's Council, the Vice Chairperson of the People's Council, the Head, the Vice Head of the Committee of the People's Council, the President of the People’s Committee, the Vice President of the People's Committee and members of the People's Committee, from office.

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