Circular No. 04/2012/TT-BNV guiding the organization and operation of villages and residential wards

CIRCULAR

Guidelines on the organization and operation of villages and residential wards

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Joint Resolution No. 09/2008/NQLT-CP-UBTWMTTQVN dated April 17, 2008 of the Government and the Vietnam Fatherland Front Central Committee guiding the implementation of Articles 11, 14, 16, 22, and 26 of the Ordinance on Implementing Democracy at Communes, Urban Wards, and Towns;

Pursuant to Decision No. 85/2002/QD-TTg dated June 28, 2002 of the Prime Minister regarding the issuance of a plan to implement Resolution No. 17-NQ/TW dated March 18, 2002 of the Fifth Plenary Session of the Ninth Central Committee of the Communist Party of Vietnam on "Reform and Improve the Quality of the Grassroots Political System at Communes, Urban Wards, and Towns";

The Minister of Home Affairs issues guidelines on the organization and operation of villages and residential wards.

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

These guidelines provide for the organization and operation of villages and residential wards.

1. Village, hamlet, ấp, bản, buôn, bon, phum, sóc, etc. (collectively referred to as village); villages are organized within communes; below commune level are villages.

2. Residential ward, neighborhood, block, khóm, sub-district, etc. (collectively referred to as residential ward); residential wards are organized within urban wards and towns; below urban ward and town level are residential wards.

3. Villages and residential wards are not administrative levels but are self-governing organizations of community residents sharing the same residential area within a commune, urban ward, or town (hereinafter collectively referred to as commune level); places where direct and extensive democracy is practiced to promote various forms of self-management activities, organize the people to implement the policies and guidelines of the Party, state policies and laws, and tasks assigned by higher authorities.

1. Villages and residential wards are directly managed by the commune-level government. Their operations must comply with the law, democracy, transparency, and openness; ensuring the leadership and guidance of the commune-level party committee and government, and the implementation of work by the Vietnam Fatherland Front and other political-social organizations at the commune level.

2. Do not divide existing stable villages or residential wards to form new ones.

3. Encourage the merger of villages and residential wards to form new ones to streamline the organizational structure, enhance the effectiveness of management by the commune-level government, and improve the efficiency of economic and social infrastructure investment in villages and residential wards.

4. For villages and residential wards within the planning for land clearance, population relocation, resettlement, or adjustment of administrative boundaries approved by competent authorities or formed by migration into new clusters in highland, border, island, remote, and difficult-to-reach areas with rugged terrain, wide territory, and poor transportation, the conditions for forming new villages and residential wards may be lower than those stipulated in Article 7 of this Circular.

5. In cases where new villages or residential wards are not established according to the provisions of Clause 4 of this Article, newly formed clusters should be merged into existing villages or residential wards appropriately, ensuring convenience for the management work of the commune-level government and the activities of villages, residential wards, and clusters.

Chapter II

ORGANIZATION AND OPERATION OF VILLAGES AND RESIDENTIAL WARDS

1. Each village has a Village Head, one Deputy Village Head, and other self-governing organizations of the village. If a village has more than 500 households, it may have an additional Deputy Village Head.

2. Each residential ward has a Ward Chief, one Deputy Ward Chief, and other self-governing organizations of the residential ward. If a residential ward has more than 600 households, it may have an additional Deputy Ward Chief.

1. The community of villagers and residents of residential wards discuss and vote to decide matters within the scope prescribed by law on implementing democracy at communes, urban wards, and towns; directly decide on the implementation of self-management tasks that do not contravene the law in building new rural areas, civilized and modern cities, developing production, constructing infrastructure, public welfare works, poverty alleviation, and food security; implementing the policies and guidelines of the Party, state policies and laws; tasks assigned by higher-level party committees, governments, the Vietnam Fatherland Front, and other political-social organizations; exercising citizens' rights and obligations towards the state; ensuring unity, democracy, transparency, maintaining national security, social order, safety, and environmental hygiene; preserving and promoting fine local cultural traditions; maintaining and enhancing the title of "Cultural Village" and "Cultural Residential Ward"; preventing and eliminating social evils and outdated customs.

2. Implementing grassroots democracy; establishing and implementing village and residential ward regulations, conventions, and agreements; actively participating in the mass movement "All People United to Build a Civilized Life in Communities" and other campaigns and movements initiated by political-social organizations.

3. Implementing the leadership of the village or residential ward branch party or the commune-level party committee or the joint party branch (in areas without village or residential ward branches), consolidating and maintaining effective operations of other self-governing organizations of the village or residential ward in accordance with the law.

4. Electing, appointing, and dismissing Village Heads, Ward Chiefs, Deputy Village Heads, and Deputy Ward Chiefs. Electing and dismissing members of the People's Inspection Board and the Community Investment Supervision Board in accordance with the law on implementing democracy at communes, urban wards, and towns.

5. The contents of the activities of villages and residential wards as stipulated in this Article shall be carried out through village and residential ward meetings.

Article 6. Village and Ward People's Meeting

1. The village and ward people's meeting shall be held twice a year (in mid-year and at the end of the year); extraordinary meetings may be convened when necessary. The participants in the meeting are all voters or household representatives in the village or ward. The meeting is convened and chaired by the Village Head or Ward Leader. The meeting can proceed if more than 50% of the voters or household representatives in the village or ward attend.

2. Matters concerning the organization for the people to discuss and decide directly or vote on matters for competent authorities to decide shall be carried out in accordance with the provisions of Articles 1, 2, 3, 4, and 5 of the Guidance issued together with Joint Resolution No. 09/2008/NQLT-CP-UBTWMTTQVN dated April 17, 2008, of the Government and the Central Committee of the Vietnam Fatherland Front.

The establishment of new villages and wards must ensure the following conditions:

1. Number of households:

a) For villages: In plain areas, there must be at least 200 households; in mountainous, border, and island areas, there must be at least 100 households;

b) For wards: In plain areas, there must be at least 250 households; in mountainous, border, and island areas, there must be at least 150 households.

When establishing a new town or township from a commune, existing villages in the commune shall be converted into wards under the town or township.

2. Other conditions:

Villages and wards must have essential economic and social infrastructure suitable for the actual conditions of the locality to serve community activities and stabilize residents' lives. Specifically, for villages, it must ensure that the average area of residential land and production land per household is not less than the commune-wide average.

1. Based on the principles stipulated in Article 3 and the conditions for establishing new villages and wards set forth in Article 7 of this Circular, the provincial People's Committee decides on the policy of establishing new villages and wards; directs the district People's Committee to instruct the commune People's Committee to develop a proposal for establishing new villages and wards. The main contents of the proposal include:

a) The necessity of establishing new villages and wards;

b) The name of the new village or ward;

d) Population (number of households, number of individuals) of the new village or ward;

e) Other conditions prescribed in Clause 2 of Article 7 of this Circular;

g) Proposals and recommendations.

2. The commune People's Committee organizes the collection of opinions from all voters or household representatives in the area for establishing new villages and wards regarding the proposal for establishing new villages and wards; compiles the opinions and records them in a minutes of opinion collection on the proposal.

5. Documents submitted to the provincial People's Committee include:

a) The report of the district People's Committee (accompanied by the report and documents for establishing new villages and wards of the commune People's Committee submitted to the district People's Committee according to Clauses 1, 2, and 3 of this Article);

b) The review document of the Department of Home Affairs.

Article 9. Procedures and Documents for Merging Community Clusters into Existing Villages or Resident Groups

1. For cases of merging community clusters into existing villages or resident groups as stipulated in Clause 5, Article 3 of this Circular, after the decision on the policy direction by the People's Committee at the district level, the People's Committee at the commune level shall develop a proposal for merging community clusters into existing villages or resident groups. The main contents of the proposal include:

a) The necessity to merge community clusters into existing villages or resident groups;

c) Population (number of households, number of residents) of the village or resident group after the merger;

đ) Proposals and recommendations.

2. The People's Committee at the commune level shall organize the collection of opinions from all voters or household representatives in the area where the community cluster merger will take place (including both the community cluster and the existing village or resident group) regarding the proposal for merging community clusters into existing villages or resident groups; compile these opinions and record them in a minutes document.

In case the proposal does not receive approval from more than 50% of voters or household representatives in the area where the community cluster merger will take place, the People's Committee at the commune level shall organize a second round of opinion collection; if still less than 50% of voters or household representatives approve, within five working days from the date of the second round of minutes document, the People's Committee at the commune level shall report to the People's Committee at the district level for consideration and decision.

4. The dossier submitted to the People's Committee at the district level includes:

a) The proposal from the People's Committee at the commune level;

b) The dossier for merging community clusters into existing villages or resident groups prepared by the People's Committee at the commune level according to Clause 1, Clause 2, and Clause 3 of this Article.

Chapter III

HEAD OF THE VILLAGE AND HEAD OF THE RESIDENT GROUP

AND DEPUTY HEAD OF THE VILLAGE AND DEPUTY HEAD OF THE RESIDENT GROUP

1. Duties:

a) Ensuring activities of the village or resident group in accordance with Articles 5 and 6 of this Circular;

b) Convening and chairing village meetings or resident group meetings;

c) Implementing directly the contents decided by the community of the village or resident group; organizing villagers in the village or resident group to implement correctly the policies and laws of the Party and State and tasks assigned by superiors;

d) Mobilizing and organizing villagers to actively participate in grassroots democracy; organizing the establishment and implementation of regulations, conventions, and customs of the village or resident group that do not contravene the law;

e) Cooperating with the Mass Front Work Board and political-social organizations of the village or resident group to organize the participation of the people in the movement "All People United to Build a Civilized Life in Residential Areas," the "Skillful People's Mobilization" campaign, and other campaigns and movements initiated by the Mass Front and political-social organizations;

f) Organizing the mobilization of the people to maintain security, public order, and social safety; preventing and combating crime and social evils in the village or resident group, avoiding complex conflicts and disputes among the people; promptly reporting to the People's Committee at the commune level any violations of the law in the village or resident group;

g) Collecting, reflecting, and proposing solutions to legitimate demands and aspirations of the people in the village or resident group; recording minutes on issues directly discussed and decided by the people of the village or resident group, and submitting them to the competent authority for decision; reporting results to the Chairman of the People's Committee at the commune level;

h) Cooperating with the Head of the Mass Front Work Board and heads of political-social organizations of the village or resident group in implementing political and social tasks in the community; promoting the activities of self-management organizations (if any) of the village or resident group such as: People's Mobilization Team, Mediation Team, Public Security and Order Protection Team, Investment Supervision Board, Production Protection Team, and other self-management organizations as prescribed by law;

i) Reporting monthly on work results to the People's Committee at the commune level; at the mid-year and end-of-year periods, they must report their work before the village meeting or resident group meeting.

2. Authorities:

a) Entitled to sign contracts for services related to production, infrastructure construction, and public welfare projects invested by the village or resident group, which have been approved by the village or resident group meeting;

b) The Head of the Village or Head of the Resident Group introduces the Deputy Head of the Village or Deputy Head of the Resident Group to assist; assigns tasks and defines the authority to resolve matters for the Deputy Head of the Village or Deputy Head of the Resident Group; entitled to be invited to attend meetings on relevant issues by superiors;

c) Implementing tasks assigned by superiors and other tasks in the community in accordance with the law.

Article 11. Criteria for Village Chiefs, Ward Chiefs, and Deputy Village Chiefs, Deputy Ward Chiefs

Village Chiefs, Ward Chiefs, Deputy Village Chiefs, and Deputy Ward Chiefs must be residents with permanent household registration and continuous residence in the village or ward; they must be at least 21 years old, in good health, enthusiastic, and responsible in their work; have good political and moral qualities, trusted by the people; set a good example in implementing the policies of the Party, state laws, and local regulations; possess cultural knowledge, capabilities, experience, and methods to mobilize and organize the community to effectively perform self-management tasks and tasks assigned by superiors.

1. Nomination of Village Chiefs, Ward Chiefs and Introduction of Deputy Village Chiefs, Deputy Ward Chiefs:

a) The People's Committee Working Group of the village or ward nominates Village Chiefs and Ward Chiefs;

b) Village Chiefs and Ward Chiefs introduce Deputy Village Chiefs and Deputy Ward Chiefs to assist them (after reaching consensus with the People's Committee Working Group of the village or ward).

2. Procedures for electing, appointing, and dismissing Village Chiefs and Ward Chiefs shall be carried out according to the provisions of Articles 6, 7, 8, 9, 10, 11, and 12 of the Guidelines issued together with Joint Resolution No. 09/2008/NQLT-CP-UBTWMTTQVN dated April 17, 2008, by the Government and the Central Committee of the Vietnam Fatherland Front.

Procedures for electing, appointing, and dismissing Deputy Village Chiefs and Deputy Ward Chiefs shall be conducted similarly to those for Village Chiefs and Ward Chiefs.

3. Term of office of Village Heads, Ward Heads, Deputy Village Heads, and Deputy Ward Heads:

a) The term of office for Village Chiefs and Ward Chiefs is two and a half years. In cases where new villages or wards are established or Village Chiefs and Ward Chiefs are absent, the Chairman of the Commune People's Committee shall designate temporary Village Chiefs and Ward Chiefs until the villagers or representatives of households in the village or ward elect new Village Chiefs and Ward Chiefs within six months from the date of the decision to appoint temporary Village Chiefs and Ward Chiefs;

b) The term of office for Deputy Village Chiefs and Deputy Ward Chiefs follows that of Village Chiefs and Ward Chiefs.

4. Village Chiefs, Ward Chiefs, Deputy Village Chiefs, and Deputy Ward Chiefs shall be recognized by the Chairman of the Commune People's Committee.

Article 13. System and Policies for Village Chiefs, Ward Chiefs, and Deputy Village Chiefs, Deputy Ward Chiefs

1. Village Chiefs and Ward Chiefs are non-professional staff members in the village or ward; they receive monthly allowances, the amount of which is determined by the Provincial People's Council in accordance with the law.

2. Village Chiefs, Ward Chiefs, and Deputy Village Chiefs, Deputy Ward Chiefs shall be trained and provided with necessary skills; if they complete their tasks excellently, they will be commended and rewarded; if they fail to complete their tasks, commit violations, or lose the trust of the people, they may be relieved of their positions, dismissed, or held accountable according to the law.

Chapter IV

RESPONSIBILITY AND EFFECTIVENESS OF IMPLEMENTATION

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Provincial People's Committee:

a) Submit to the Provincial People's Council the establishment of new villages or wards;

b) Issue Regulations on the organization and operation of villages and wards suitable to the actual situation in the locality;

c) Issue criteria for classifying villages and wards suitable to the actual population size, area, and specific characteristics of the locality.

2. The Chairman of the People's Committee at the provincial level:

b) Decide on the classification results of villages and wards for the commune authorities to implement uniformly;

c) Direct the implementation of this Circular and the Regulations on the organization and operation of villages and wards issued by the Provincial People's Committee within its jurisdiction.

3. Chairman of the District People's Committee:

a) Decide on merging residential areas into existing villages or wards after approval by the District People's Committee;

b) Direct and inspect the implementation of this Circular and the Regulations on the organization and operation of villages and wards issued by the Provincial People's Committee within its jurisdiction.

a) Designate temporary Village Chiefs and Ward Chiefs;

b) Decide on recognizing Village Chiefs, Ward Chiefs, and Deputy Village Chiefs, Deputy Ward Chiefs;

c) Manage, direct, and oversee the activities of Village Chiefs and Ward Chiefs within its jurisdiction in accordance with this Circular and the Regulations on the organization and operation of villages and wards issued by the Provincial People's Committee.

5. Department of Home Affairs:

a) Review the establishment of new villages or wards submitted to the Provincial People's Committee;

b) Monitor the implementation of the provisions of this Circular and the Regulations on the organization and operation of villages and wards issued by the Provincial People's Committee;

c) Urge and inspect the District People's Committee on the implementation of the Regulations on the organization and operation of villages and wards;

d) Report annually in December to the Provincial People's Committee and the Ministry of Home Affairs on the implementation of this Circular and the Regulations on the organization and operation of villages and wards in the locality.

Article 15. Effective Date

1. This Circular takes effect from October 15, 2012.

2. This Circular replaces Decision No. 13/2002/QĐ-BNV dated December 6, 2002, of the Minister of Home Affairs on the issuance of the Regulations on the organization and operation of villages and wards.

For villages and wards that have added one Deputy Village Chief or Deputy Ward Chief according to the number of residents specified in Article 4 of the Regulations on the organization and operation of villages and wards issued together with Decision No. 13/2002/QĐ-BNV, this additional Deputy Village Chief or Deputy Ward Chief shall continue to operate until the end of their term, after which they shall follow the provisions of Article 4 of this Circular.

During the implementation of this Circular, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Home Affairs for study and resolution./.