​Standards of members of the Community-based Investment Supervision Board in Vietnam

Standards of members of the Community-based Investment Supervision Board in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Standards of members of the Community-based Investment Supervision Board in Vietnam

Specifically, according to Article 42 of the Law on Implementation of Grassroots-level Democracy 2022, standards of members of the Community-based Investment Supervision Board are as follows:

- Have good moral qualities, show honesty, equality and prestige amongst residential community; have good health condition to complete their assigned tasks; have knowledge about regulatory policies, laws or experience or expertise in the sectors relating to investment programs and projects, and act of their own free will to participate in the Community-based Investment Supervision Board.

- Act as local residents and not concurrently hold the position of a commune-level public official or civil servant; have none of their relatives who have competence in deciding investment; are the investors or the investor's representatives, the investor's consulting units, project contractors or the contractor's consulting and supervision units, or the persons who directly manage investment projects in communes.

2. Organization of the Community-based Investment Supervision Board in Vietnam

Pursuant to Article 41 of the Law on Implementation of Grassroots-level Democracy 2022, organization of the Community-based Investment Supervision Board is as follows:

- The Community-based Investment Supervision Board is established by the decision of the Vietnam Fatherland Front Committee at the commune level according to each public investment program, project, or public-private partnership (PPP) investment project implemented at the commune level, programs and projects that are run by monetary and labor investment of population community, or by direct funding provided by organizations and individuals for communes.

Community-based Investment Supervision Board shall have at least 05 members, including representatives of Vietnam Fatherland Front Committees at the commune level, People's Inspectorates in communes, wards or townships, and representatives of the public living in villages, residential quarters where these programs or projects are located. The Community-based Investment Supervision Board shall be automatically dissolved after fulfillment of its assigned tasks.

- The Community-based Investment Supervision Board shall be composed of a Head, Vice Head(s) and members. The Head of the Community-based Investment Supervision Board shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform the duties assigned by the Head.

3. Duties and powers of the Community-based Investment Supervision Board in Vietnam

Duties and powers of the Community-based Investment Supervision Board are specified in Article 43 of the Law on Implementation of Grassroots-level Democracy 2022 as follows:

- The Community-based Investment Supervision Board shall assume the following duties:

+ Monitor and supervise the conformity of investment policies and decisions with investment planning schemes and plans in communes; the investor's observance of regulations on land boundaries and land use, detailed site planning, architectural, construction, waste treatment, environmental protection, compensation and site clearance, resettlement and investment plans;

State and progress of implementation of programs and projects, implementation of information disclosure practice during the investment process with respect to public investment programs and projects, and investment projects financed by other capital sources in communes;

+ For programs and projects implemented by capital and labor of residential community, projects funded by the commune-level budget or by direct funding that organizations and individuals provide for communes, carry out monitoring, inspection and supervision of the implementation of those specified at point a of this clause, and inspect and supervise the observance of processes, technical regulations, quotas and types of materials as prescribed; monitoring and checking of the results of acceptance testing and financial accounts of projects;

+ Discover acts that may harm public interests; negative impacts of a public investment project on the living environment of the public during the period of investment in and operation of a public investment project; activities that inflict any loss and waste of capital and assets of a public investment program or project.

- The Community-based Investment Supervision Board shall have the following powers:

+ Request competent state management agencies to provide planning information relevant to the decisions on investment projects and land use plans in accordance with law on land;

+ Request relevant state management agencies to give responses regarding issues under their management as prescribed by law;

+ Request program owners and investors to provide responses or information for investment supervision, including investment decisions; information about the investors, project management boards, contact addresses; investment schedules and plans;

Size of land to be occupied and used; detailed site plans and architectural plans; compensation, site clearance and resettlement plans; waste treatment and environmental protection plans.

For the programs and projects implemented by capital and labor of residential community, the projects funded by the commune-level budget or by direct funding that organizations and individuals provide for communes, in addition to the foregoing, program or project owners shall provide information about processes, technical regulations, types or quotas of materials; results of acceptance testing and financial accounts of projects;

+ Receive complaints from citizens and forward them to competent state management agencies, or conduct inspection and supervision within the scope of tasks and powers of the Board; receive responses of competent state management agencies on citizens' petitions and inform citizens of these responses;

+ When detecting signs of violation against law during the project implementation period, which seriously affects production, security, culture, society, living environment of the community, or the investor fails to publicize information on investment programs and projects as prescribed by law:

The Board shall report the case to competent state management agencies and recommend handling measures; where necessary, the Board shall propose competent authorities to suspend the investment and operation of projects.

4. Activities of the Community-based Investment Supervision Board in Vietnam

According to Article 44 of the Law on Implementation of Grassroots-level Democracy 2022, the activities of the Community Investment Supervision Board are as follows:

- Operation of the Community-based Investment Supervision Board shall be instructed by the commune-level Vietnam Fatherland Front Committee directly.

- Based on the guidance of the commune-level Vietnam Fatherland Front Committee, the Community-based Investment Supervision Board shall develop a program and plan to inspect and supervise the community's investment, closely following the tasks and contents of inspection and supervision as specified in the provisions of Article 43 of the Law on Implementation of Grassroots-level Democracy 2022.

- The Community-based Investment Supervision Board shall periodically report or report upon request on the results of the community's investment supervision to the commune-level Vietnam Fatherland Front Committee.

The Head of the Community-Based Investment Supervision Board shall be invited to attend meetings of the People's Council, the People's Committee and the Vietnam Fatherland Front Committee at the commune level if each meeting is related to the program or project of which the Board is responsible for inspection and supervision.

Ho Quoc Tuan

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