The Ministry of Home Affairs has completed the draft Law on Organization of Local Government (amended), seeking opinions from agencies before submitting to the National Assembly for consideration and decision at the 9th Session.
The draft clearly stipulates the temporary suspension and termination of the duties of People's Council delegates in some cases.
Accordingly, for the temporary suspension or ceasing of the duties of People's Council delegates, the Standing Committee of the People's Council decides to temporarily suspend the performance of the duties and powers of delegates in 2 cases.
First, the People's Council delegate was prosecuted. The second case is that during the process of reviewing and handling violations, there is a basis to determine that disciplinary action must be taken from a warning or higher, or handling them by criminal law, and the inspection, examination, auditing, investigation, prosecution, trial and execution of judgments has issued a document requesting a temporary suspension of the performance of the duties and powers of that delegate.
In addition, delegates are allowed to continue to perform their duties, powers and restore other legitimate rights and interests when the competent authority has a decision or conclusion on no violation, no disciplinary action, a decision to suspend the investigation, suspend the case, or from the date the court's verdict or decision takes legal effect declares the delegate not guilty, or is exempted from criminal liability.
"In case a delegate is disciplined, depending on the nature and extent, they can request to cease their duties as delegates or the Standing Committee of the People's Council will consider and decide on the continued performance of their duties and powers or propose the People's Council to dismiss them" - the draft clearly states.
In addition, if a delegate does not meet the standards and is no longer worthy of the people's trust, he/she will also be dismissed by the People's Council or voters.
The Standing Committee of the People's Council decides whether to appoint a People's Council for dismissal or, at the request of the Vietnam Fatherland Front Committee at the same level, to be appointed by voters.
In case the People's Council dismisses the term, at least 2/3 of the total number of delegates must vote in favor. The procedure for voters to dismiss delegates is implemented according to the regulations of the National Assembly Standing Committee.
In case the delegate is convicted by a court judgment or decision, of course, he/she will lose the right to delegate from the date the court judgment or decision takes legal effect.
"In case of ceasing to perform the duties of a delegate, being dismissed, dismissed or having lost the right to a delegate, of course, they will cease to hold positions in the Standing Committee of the People's Council and the Board of the People's Council" - the draft law clearly states.
