Joint Circular No. 03/2000/TTLT/BTP-BVHTT-BTTUBTƯMTTQVN guiding the establishment and implementation of village covenants and regulations for villages, hamlets, communes, wards, and community clusters.

JOINT CIRCULAR

Guidelines for drafting and implementing village regulations

of hamlets, villages, communes, wards, and community clusters

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On May 11, 1998, the Government issued Decree No. 29/1998/NĐ-CP on the implementation of democracy at the commune level, and on June 19, 1998, the Prime Minister issued Directive No. 24/1998/CT-TTg on the drafting and implementation of village regulations of hamlets, villages, communes, wards, and community clusters. In accordance with these decrees and directives, the drafting and implementation of village regulations at the grassroots level have been improved compared to before. The majority of new village regulations now contain content consistent with current laws, contributing to promoting good customs and traditions, upholding traditional moral standards, and positively supporting state management through law at the grassroots level. With the close and timely guidance of local authorities, the drafting and implementation of village regulations have become self-management activities of the community with various rich and dynamic forms.

Although significant initial results have been achieved more than one year after the implementation of Decree No. 29/1998/NĐ-CP and Directive No. 24/1998/CT-TTg, there are still limitations and shortcomings in the drafting and implementation of village regulations in some localities; guidance, supervision, inspection, and monitoring are not yet synchronized and consistent; the content of some village regulations lacks specificity or contains provisions that violate the law; the drafting and approval of village regulations are not truly democratic; the approval process does not comply with authority and lacks consistency in format and procedure.

To address these limitations and shortcomings, further promote the drafting and implementation of village regulations at the grassroots level, the Ministry of Justice, the Ministry of Culture and Information, and the Central Committee of the Vietnam Fatherland Front jointly guide certain issues related to the drafting and implementation of village regulations as follows:

I. ON THE CONTENT AND FORM OF VILLAGE REGULATIONS:

1. Content of Village Regulations:

Village regulations are social normative documents stipulating common behavioral rules agreed upon by the community to regulate self-governed social relations among the people aimed at preserving and promoting good customs and traditions and cultural heritage within the hamlet, village, commune, ward, and community cluster, thereby positively supporting state management through law.

Based on legal provisions, economic and social conditions, educational levels, and the promotion of good customs and traditions, contributing to bringing the law into the lives of the community, the content of village regulations focuses on the following specific issues:

a) Proposing appropriate measures and methods to help residents participate in state administration and social management, ensuring and promoting the freedom and democracy of the people; encouraging and creating conditions for citizens to fulfill their rights and obligations well;

b) Ensuring the preservation and promotion of good customs and traditions, practicing civilized behavior in communication, eating, living, traveling, eliminating bad customs, developing healthy cultural activities, building and promoting neighborhood solidarity, mutual assistance, and support within the community; implementing social policies of the Party and State effectively;

c) Proposing measures to protect state property, public property, and citizen's property, protecting the environment, forests, seas, rivers, lakes, scenic spots, temples, sources of water, dykes, dams, canals, levees, culverts, power transmission lines; constructing and developing village roads, planting greenery;

d) Proposing measures to protect good customs and traditions, eliminate bad customs and social evils, and superstitions in marriage, funeral, festivals, worship practices; encouraging healthy rituals, thriftiness, and limiting wasteful and expensive consumption;

đ) Contributing to building a civilized lifestyle, cultural families, cultural hamlets, villages, communes, wards, and community clusters, forming new ethical norms in families and communities; encouraging everyone to support and help each other when facing difficulties, disasters, illness; promoting the implementation of population and family planning policies, building families according to cultural family standards;

e) Building solidarity, mutual assistance within the community, mobilizing family members, clans, and neighbors to unite and reduce poverty, develop production, improve living standards, encourage education and vocational training locally; mobilizing community members to join cooperatives to develop production. Encouraging the development of craft villages; contributing to building infrastructure and public welfare facilities such as electricity, roads, schools, health stations, cemeteries, cultural and sports facilities in the area. Establishing and managing various types of funds within the framework of the law and in line with the contribution capacity of the people;

g) Proposing specific measures to maintain order and security in the area, contributing to preventing social evils such as drugs, gambling, excessive drinking, theft, prostitution, and other illegal acts to build a clean area. Promoting among the people awareness of vigilance, confidentiality, strict compliance with laws on temporary residence and absence; participating in management, education, and assistance to those who have committed offenses in the community. Proposing necessary measures to support competent authorities in detecting and handling violations of the law in the area; ensuring the implementation of legal provisions on grassroots self-management organizations such as the Mediation Team, Security Board, Production Protection Team, Construction Board, and other self-management organizations;

h) Proposing appropriate reward and punishment measures to ensure the implementation of village regulations:

Village regulations stipulate forms and measures of rewards for individuals and households with outstanding achievements in drafting and implementing village regulations, such as establishing a traditional honor book to highlight exemplary individuals and deeds, recognizing the contributions and achievements of collectives and individuals; evaluating and recognizing cultural families and other forms of rewards agreed upon by the community or proposed for national recognition according to general regulations.

For those who violate the provisions of the village covenant, the main forms of education and criticism from family, community groups, and public announcements through local media shall be applied primarily. In cases of serious violations of the village covenant, based on discussions and consensus within the community group, they may fulfill their responsibilities within the community or apply penalties, but such penalties must not infringe upon life, health, freedom, honor, dignity, property, or other legitimate rights and interests of citizens. The village covenant shall not impose fees or charges.

The village covenant may include measures to contribute to educating individuals whose behavior violates the law and who are subject to educational measures at the commune, ward, town level; to educate, reform, and assist offenders after release from prison to become law-abiding and useful members of society.

Acts of violating the law must be handled by competent authorities according to the law. The application of measures to address violations of the village covenant does not replace the measures prescribed by law.

2. Forms of expression of the village covenant;

a) Regarding the name: it can be called Village Covenant or Agreement (village, hamlet, commune, ward, residential cluster).

b) Regarding structure and content: the village covenant may have a preface recording the cultural traditions of each village, hamlet, commune, ward, residential cluster, and the purpose of establishing the village covenant.

The content of the village covenant is divided into chapters, sections, articles, clauses, and points. Specific provisions of the village covenant need to clearly define the rights and obligations of community members. Reward and penalty measures can be stipulated directly in specific articles and clauses.

Provisions of the village covenant should be concise, specific, practical, easy to understand, remember, and implement.

Depending on the characteristics and self-management requirements of each locality, the village covenant may provide comprehensive coverage or cover certain points within the contents guided by Point 1, Part I above.

II. PROCEDURES FOR PREPARATION, APPROVAL, IMPLEMENTATION AND AMENDMENT OF THE VILLAGE COVENANT

1. The village covenant must be established in a truly democratic and transparent manner, consistent with legal regulations, and divided into basic steps as follows:

Step 1. Establishing the Drafting Group and organizing the drafting of the village covenant;

The Head of the Village (hereinafter referred to as the Head of the Village) presides over and works together with the Secretary of the Party Branch and the Chairman of the People's Committee Working Group to unify the basic contents that need to be drafted, while designating members of the Drafting Group. Members of the Drafting Group are people with prestige and life experience, having a level of education, knowledge of the law, and customs and traditions in the locality, with good moral qualities. The Drafting Group needs to involve representatives from some agencies, organizations, and various sectors of the community such as retired officials, veterans, religious leaders, village elders, clan chiefs, and other respected and knowledgeable individuals in the community.

The Head of the Village presides over and coordinates with the People's Committee Working Group under the leadership of the grassroots Party Branch to direct the Drafting Group in formulating the village covenant.

The draft of the village covenant should focus on issues raised in Point 1, Part I of this Circular. At the same time, it should refer to the content of previous village covenants (if any) and the content of village covenants in other localities to select and inherit positive and appropriate content that has become good customs and traditions. In places where the customs and traditions of ethnic minorities are expressed through customary laws, relevant provisions of customary laws that comply with the law and good customs and traditions should be selected and incorporated into the village covenant.

Step 2. Organizing the collection of opinions from agencies, organizations, and the public on the draft village covenant:

The draft village covenant is sent to the local government agency, party committee, and leaders of political and social organizations at the commune level; if conditions permit, it should be sent to each household for comments.

Discussions and contributions of opinions to improve the draft village covenant can be organized in suitable forms such as meetings for discussion in production teams, neighborhood groups, alleys, clusters of households, meetings for discussion in community organizations in villages, hamlets, communes, wards, residential clusters; posting, broadcasting on radio, setting up mailboxes to collect opinions.

The draft village covenant may be discussed and commented on by the People's Council or the People's Committee at the commune level, but it is not approved as a resolution of the People's Council or a decision of the People's Committee at the commune level.

Step 3. Discussing and approving the village covenant:

Based on the collected opinions, the Drafting Group revises and finalizes the draft and sends it to the participants expected to attend the meeting to discuss and approve the village covenant.

The draft village covenant must be thoroughly discussed in a truly democratic manner and approved at a meeting of voters or a meeting of household representatives in the village, hamlet, commune, ward, residential cluster. Household representatives are the head of the household or a person with civil capacity authorized by the head of the household. The meeting can only proceed when at least two-thirds of the total number of voters or household representatives participate. The village covenant is approved when at least half of the attendees agree. The Head of the Village coordinates with the People's Committee Working Group to chair the meeting. The meeting decides on the method of voting to approve the village covenant by raising hands or casting ballots.

Step 4. Approving the village covenant:

After the village covenant is approved, the Chairman of the Commune People's Committee and the Chairman of the Commune People's Council United Front Work Committee examine the content of the village covenant to ensure its compliance with the law, good customs, and traditions, and reach a consensus with the Chairman of the Commune People's Council on the content of the village covenant before submitting it to the Chairman of the County People's Committee for approval.

The officially submitted village covenant for approval must be signed by the Head of the Village, the Secretary of the Party Branch, the Chairman of the People's Committee Working Group, and the village (if applicable), accompanied by the Minutes of Approval at the Meeting.

The village covenant submitted to the County People's Committee for approval must be accompanied by a letter requesting approval from the Commune People's Committee.

The Chairman of the People's Committee at the district level shall examine and approve the village covenant within thirty days from the date of receipt of the village covenant and the letter requesting approval.

The Chairman of the People's Committee at the district level issues a decision to approve the village covenant. The approved village covenant must bear the stamp of approval.

If the village covenant is not approved, the Justice Office shall take the lead in coordinating with the Culture and Information Office to guide the grassroots level to revise and perfect the village covenants for resubmission.

2. Implementation and amendment of the village covenant.

The People's Committee at the commune level is responsible for transferring the approved village covenant to the Village Head for public posting, dissemination, and promotion to each member of the community and for organizing the implementation of the village covenant.

The People's Committee at the commune level shall coordinate with the Vietnam Fatherland Front and political-social organizations at the grassroots level to direct and urge strict compliance with the contents of the village covenant; inspect, identify, and promptly correct any deviations, misalignments, or negative practices in the implementation of the village covenant, and report periodically to the higher-level People's Committee and the same-level People's Council on the implementation of the village covenant in the locality.

Annually, it is necessary to organize a review of the implementation of the village covenant. In cases where amendments or supplements are required, they shall be discussed at the Voters' Meeting or the Family Representatives' Meeting. Amendments or supplements to the village covenant must also follow the procedures and formalities as when drafting a new village covenant. Arbitrary amendments or supplements to the village covenant after its approval are not allowed.

III. RESPONSIBILITIES TO ASSIST THE PEOPLE'S COMMITTEES AT ALL LEVELS IN MANAGING THE DEVELOPMENT AND IMPLEMENTATION OF THE VILLAGE COVENANT

1. At the provincial level: The Department of Justice shall take the lead in coordinating with the Department of Culture and Information and the Vietnam Fatherland Front at the provincial level to assist the People's Committee at the provincial level in drafting the Resolution of the Provincial People's Council to provide guidance on the content of the village covenant in accordance with the law and the actual circumstances of the locality; organizing training conferences for grassroots cadres; directing the implementation and inspection of the development and implementation of the village covenant throughout the province.

Within their respective functions, tasks, and authorities, the Department of Justice and the Department of Culture and Information shall coordinate with the Vietnam Fatherland Front at the provincial level to direct and provide professional guidance to help the Justice Offices and Culture and Information Offices at the district level in advising the People's Committee at the district level on the approval of the village covenant.

Annually, the Department of Justice shall take the lead in coordinating with the Department of Culture and Information and the Vietnam Fatherland Front at the provincial level to conduct a summary and evaluation of the situation regarding the development and implementation of the village covenant in the locality; reporting to the same-level People's Council and sending the report to the Ministry of Justice, the Ministry of Culture and Information, and the Central Committee of the Vietnam Fatherland Front.

2. At the district level: The Justice Office shall be responsible for advising the Chairman of the People's Committee at the district level on examining the legality, eliminating any provisions of the village covenant that contravene current laws, and ensuring the technical aspects of drafting the village covenant.

The Culture and Information Office shall be responsible for advising the People's Committee at the district level to ensure that the contents of the village covenant are consistent with local customs and traditions and cultural norms.

In cases where unapproved village covenants are discovered, the Justice Office shall take the lead in coordinating with the Culture and Information Office to guide the grassroots level to complete the approval procedures. In cases where incorrect content is found, it shall be reported to the People's Committee at the district level to temporarily suspend enforcement and guide the revision and perfection of the village covenants.

3. At the commune level: Legal officers shall cooperate with cultural and information officers to assist the People's Committee at the commune level in performing the following tasks:

- Directing and supporting villages, hamlets, villages, wards, and clusters of residents to draft village covenants in accordance with the content guided in Part I of this Circular;

- Prepare files to submit to competent authorities for approval;

- Coordinating with the Vietnam Fatherland Front at the commune level to inspect and create conditions for the dissemination, promotion, and organization of the implementation of the village covenant.

- Identifying and correcting any deviations, misalignments, or negative practices in the drafting and implementation of the village covenant, and regularly reporting to the higher-level People's Committee and the same-level People's Council on the drafting and implementation of the village covenant in the locality.

During the implementation process, if any issues arise, the Departments of Justice and Culture and Information and the Vietnam Fatherland Front at the provincial level shall promptly reflect these issues to the Ministry of Justice, the Ministry of Culture and Information, and the Central Committee of the Vietnam Fatherland Front for consideration and resolution.