Decree No. 22A-SL amends Article 65 of Decree No. 63/SL regarding the organization of People's Councils and Administrative Committees, providing more detailed regulations concerning the right to nominate candidates and participate in these bodies for civil servants and active-duty soldiers.
Scope of application
Civil Servants, Active-Duty Soldiers
Key points
- Civil servants may be members of People's Councils (Article 1).
- If elected to an Administrative Committee at the district, provincial, or regional level, a civil servant must request unpaid leave or refuse participation (Article 1).
- A civil servant elected to an Administrative Committee at the commune level may concurrently serve as both a civil servant and committee member but can only receive one of two allowances: either their civil service salary or the allowance for committee members (Article 1).
- Active-duty soldiers are not eligible to nominate themselves for any level of Administrative Committees.
🌐 Social impact of this document
- Enhance democratic principles in elections and participation in state administration.
- Minimize conflicts of interest between civil servants serving as People's Council members or Administrative Committee members.
- Limit active-duty soldiers' ability to participate in administrative bodies at the commune, district, provincial, or regional levels.
❓ Frequently asked questions
Can a civil servant nominate themselves for membership on a People's Council?
Yes, civil servants are permitted to nominate themselves and serve as members of People's Councils (Article 1).
What must a civil servant do if elected to an Administrative Committee at the district level?
Must request unpaid leave or refuse participation (Article 1).
Can a civil servant concurrently serve as both a civil servant and member of a commune-level Administrative Committee?
Yes, but can only receive one of two allowances: either their civil service salary or the allowance for committee members (Article 1).
Can an active-duty soldier nominate themselves for membership on a commune-level Administrative Committee?
No, active-duty soldiers are not permitted to nominate themselves for any level of Administrative Committees (Article 1).
Full text
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PROVISIONAL GOVERNMENT |
DEMOCRATIC REPUBLIC OF VIETNAM |
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No.: 22A-SL |
Hanoi, February 18, 1946 |
DECREE-LAW
Amending Article 65 of Decree-Law No. 63 dated November 22, 1945 on the organization of People's Councils and Administrative Committees
CHAIRMAN OF THE PROVISIONAL GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Whereas Decree-Law No. 63 dated November 22, 1945 on the organization of People's Councils and Administrative Committees;
Whereas at the request of the Minister of Interior Affairs;
After deliberation by the Government Council;
ISSUES THE FOLLOWING DECREE-LAW:
Article 1. Article 65 of the Decree dated November 22, 1945 is hereby amended as follows:
"Civil servants and soldiers on active duty may be members of People's Councils."
"If civil servants are elected to an Administrative Committee at the district, provincial or regional level, they must request leave without pay to join the Administrative Committee or refuse to accept such election. Temporarily until regulations stipulate allowances for committee members, civil servants in such cases may temporarily resign from their current positions to join the Administrative Committee and still receive salary and allowances according to their rank and new place of work."
"Civil servants elected to an Administrative Committee at the commune level may concurrently serve as civil servants and participate in the Commune-level Administrative Committee, but they can only receive either their civil servant's salary or the allowance for a committee member of the Commune-level Administrative Committee."
"Soldiers on active duty are not eligible to run for election to an Administrative Committee (at the commune, district, provincial or regional level)."
Article 2. The Minister of Interior Affairs shall implement this Decree-Law.
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CHAIRMAN OF THE GOVERNMENT |
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