Circular No. 12/2004/TT-BNV guiding the implementation of Decree No. 79/2003/NĐ-CP dated July 7, 2003 of the Government on the Regulation on Implementing Democracy at Communes and its application to wards and towns.

Part I:

GENERAL GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES AND CLAUSES IN THE REGULATIONS ON DEMOCRATIC IMPLEMENTATION AT THE COMMUNE LEVEL

Chapter II.

MATTERS TO BE ANNOUNCED SO THAT THE PEOPLE ARE AWARE.

1. Point b Clause Article 5

Legal provisions on files and procedures within the jurisdiction of commune-level authorities that must be resolved and are related to the people.

2. Clause 3 Article 5.

Planning and land use plans at all levels including those of the district, province, and central government that affect the lives of residents in the locality shall be sent down to the commune by higher-level authorities, which have the responsibility to inform the people.

Chapter III.

MATTERS TO BE DISCUSSED AND DECIDED UPON DIRECTLY BY THE PEOPLE.

3. Clause 4 Article 7.

Establishing a Supervisory Board for construction projects funded by the people.

a) Authority to establish:

+ For commune projects - The Chairman of the People's Committee of the commune shall take the lead in coordinating with the Chairman of the Vietnam Fatherland Front Committee of the commune to establish a Supervisory Board for commune projects consisting of 5 to 7 members, including:

- Representatives from villages elected by the people or members of the People's Inspection Board appointed by the People's Committee of the commune, or representatives from the Vietnam Fatherland Front and other mass organizations of the commune appointed by the Vietnam Fatherland Front Committee of the commune.

+ For village projects - The Village Head shall take the lead in coordinating with the Head of the Mass Mobilization Team to establish a Supervisory Board for village projects consisting of 3 to 5 members after reporting and obtaining approval from the People's Committee of the commune.

b) Requirements for members of the Supervisory Board for commune and village projects:

Members must be villagers nominated by the people in village meetings and approved by more than 50% of household heads or village representatives in the meeting; they must be enthusiastic, responsible, knowledgeable about construction techniques, materials, and accounting; capable of supervising construction quality and verifying final accounts and balancing income and expenditure; members of the Supervisory Board cannot be members of the Construction Project Management Board.

c) Duties of the Supervisory Board for village and commune projects:

+ Drafting the Operational Regulations to be decided upon by the People's Committee of the commune.

+ Implementing supervisory tasks according to the Operational Regulations, including: Comprehensive supervision over all activities related to raising, managing, and using contributions from the people for construction projects; supervision of project acceptance, handover, and settlement according to regulations and purposes to ensure effective project implementation; promptly identifying and reporting violations during project execution to competent authorities for handling.

d) The Supervisory Board for projects will dissolve itself after the project has been accepted, put into use, and the warranty period has expired, completing the settlement process and publicly announcing the results before the people.

e) For projects at the district, provincial, and central levels that affect the lives of residents, discussions and consultations with the People's Committee must be held prior to construction. The People's Committee of the commune will appoint someone to monitor and report promptly when necessary, contributing to ensuring project quality and maintaining environmental safety in residential areas.

4. Article 9.

METHODS FOR THE PEOPLE TO MAKE DIRECT DECISIONS.

a) Regarding meeting participants: Depending on specific conditions of each village, after consulting with the Head of the Mass Mobilization Team and obtaining agreement from the Secretary of the Party Branch, the Village Head decides on one of three participant groups: all voters; household heads; family representative voters in the village.

b) Regarding minutes of the meeting: The Village Head introduces the secretary of the meeting and if more than 50% of attendees agree, the secretary begins their duties. The secretary records the minutes of the meeting, detailing: invited participants, number of invited participants; number of attendees (as a percentage of those invited); meeting content; voting results.

c) Method of soliciting opinions: Determined by the people attending the meeting based on the purpose and content of the issue. If secret ballot voting is used to solicit opinions from households, it can be conducted as follows:

Opinion solicitation forms must bear the signature of the Village Head on the back, clearly stating the content requiring opinion, and both agreement and disagreement must be clearly marked on the form.

The meeting elects a Counting Team of 3 to 5 members, including a Counting Team Leader. The Counting Team is responsible for distributing ballots, collecting them, counting votes, preparing the counting minutes, and announcing the results immediately at the meeting.

d) Regarding the validity of the Resolution: The Resolution only becomes valid if more than 50% of household heads or family representative voters or all invited voters approve it, after which the Resolution is submitted to the People's Committee of the commune for recognition. If less than 50% approve, another meeting should be organized. In cases where another meeting cannot be organized, after the meeting, ballots soliciting opinions from those invited but did not attend (if any) will be distributed. After tallying the approvals from the meeting and the ballots, if more than 50% of village household representatives approve, the People's Committee will issue a decision recognizing it.

CHAPTER IV.

MATTERS FOR THE PEOPLE TO DISCUSS AND PROVIDE OPINIONS ON, AND FOR THE COMMUNE LEVEL ADMINISTRATION TO DECIDE.

5. Clause 7 Article 10.

The commune level administration has the responsibility to put forward for discussion or to seek opinions from the people on policies, compensation plans for land clearance and resettlement, and to implement according to the provisions of the law the following specific contents: planning; compensation prices for each type of land and each location; compensation plans for each household; resettlement plans, locations, times, and conditions; construction of infrastructure.

CHAPTER V.

MATTERS FOR THE PEOPLE TO SUPERVISE AND INSPECT.

6. Clause 4 Article 13.

a) Positions elected by the Commune People's Council include:

- Chairperson, Vice-Chairperson of the Commune People's Council;

- Chairperson, Vice-Chairperson of the Commune People's Committee;

- Members of the Commune People's Committee.

b) Implementation of the voting of confidence for positions elected by the Commune People's Council: Pursuant to Article 65 of the Law on the Organization of People's Councils and People's Committees. Afterward, the commune level administration shall notify the results of the voting of confidence to the people.

7. Clause 3 Article 14.

a) Key positions according to Decree No. 79/2003/NĐ-CP dated July 7, 2003 include:

- Chairperson of the Commune People's Council;

- Chairperson of the Commune People's Committee;

b) Implementation:

In accordance with the guidance of the Central Committee of the Vietnam Fatherland Front.

CHAPTER VI.

BUILDING OF RURAL COMMUNITIES.

8. Point b Clause 2 Article 17.

Implementation shall be in accordance with the guidance of the Central Committee of the Vietnam Fatherland Front and the Ministry of Interior.

Part Two:

GUIDELINES FOR APPLYING THE REGULATIONS ON DEMOCRATIC IMPLEMENTATION AT THE COMMUNE LEVEL TO WARD AND TOWN.

Communes, wards, and towns are grassroots administrative units at the same level, where towns and wards are urban administrative units. However, apart from wards in the city center and townships that have the characteristics of a complete urban area, there are newly formed wards from communes during the process of cultural urbanization which still have the characteristics of intertwining between urban and rural areas, while many towns and some wards currently still have a part of the population engaged in agricultural production. Therefore, to be suitable with the actual characteristics of wards and towns, the Ministry of Interior guides the application of the regulations on democratic implementation at the commune level to wards and towns as follows:

Detailed Provisions Article 5.

Contents of information to be provided The ward and town administration has the responsibility to provide timely and public information for the people to know about the following main tasks:

1. Policies and laws of the State directly related to the rights and interests of the people in the ward and town, including:

a) Resolutions of the Ward/Town People's Council and decisions of the Ward/Town People's Committee and higher levels related to the locality.

b) Legal provisions on administrative procedures for handling matters related to the people within the jurisdiction of the ward and town;

c) Regulations of the State and local authorities on the objects, rates of various taxes, fees, and other obligations imposed on the people according to current laws;

2. Long-term and annual socio-economic development plans of the ward and town;

3. Land use planning, detailed construction planning, allocation and issuance of land, management and use of the land fund in the ward and town;

4. Annual budget estimates and final accounts of the ward and town;

5. Estimates and final accounts of income and expenditure of funds, programs, projects, and amounts raised from the people for building infrastructure and public welfare facilities in the ward and town, residential groups, and the results of their implementation;

6. Programs and projects funded and sponsored directly by the State, organizations, and individuals for the ward and town;

7. Policies and plans for borrowing capital to develop production, eliminate poverty, and reduce poverty;

8. Adjustment of administrative boundaries of the ward and town and related administrative units;

9. Results of inspections, investigations, and resolution of negative cases, corruption involving cadres of the ward and town, residential groups;

10. Cultural, social work, prevention of social evils, maintenance of security, order, and social safety in the ward and town;

11. Mid-year and year-end reviews of activities of the Ward/Town People's Council and Ward/Town People's Committee;

12. Evaluation of poor households eligible for loans to develop production and build love houses; implementation of policies for families with meritorious service, families of martyrs, wounded veterans, and disabled veterans receiving love houses, savings books, health insurance cards;

13. Results of selection, priority organization, and implementation of projects under national programs and projects funded and sponsored directly by organizations and individuals for the ward and town;

14. Regulations on urban management (such as: management of housing and land, construction management, traffic safety, water supply and drainage, waste collection and treatment - environmental sanitation, household registration management...);

15. The ward and town administrations and related units must notify the people at least 15 days in advance about tasks to be implemented in the ward and town that affect the lives and daily activities of the people: new construction, repair of electricity, roads, water supply and drainage, telephone...

16. Other matters that the administration deems necessary and the people request to be notified.

II. FORMS OF INFORMATION PROVISION.

Apply as Article 6 of the Regulations on Democratic Implementation at the Commune Level.

III. DETAILED PROVISIONS Article 7.

Direct discussion and decision-making by the people.

The people at the ward, town, and neighborhood level shall directly discuss and decide on the following main matters:

1. Proposals, plans, and contribution levels for constructing, renovating, expanding streets, alleys, and entertainment and cultural activity points.

2. Establishing community conventions regarding civilized urban living habits, maintaining social order and safety, hygiene, environmental protection, preventing social accidents and evils, and electing members of the People's Supervisory Board.

3. Matters within the internal affairs of the neighborhood community that comply with current laws.

4. Measures to implement regulations of various levels of authority concerning urban management.

5. Establishing a Construction Project Oversight Committee funded by the people: Implement according to the guidance provided for communes in Clause 4, Article 7, Part I of this Circular.

IV. IMPLEMENTATION METHODS

Implementation as stipulated in Article 9 of the Regulation on Democratic Practices in Communes and the guidance provided in this Circular.

V. DETAIL PROVISIONS OF ARTICLE 10.

Matters for which the ward and town authorities have the responsibility to bring before the people for discussion or to seek their opinions prior to making decisions (or submitting to competent authorities for decision) include:

1. Draft resolutions on economic and social affairs, national defense and security of the Ward People's Council.

2. Draft planning and annual development plans for the economy and society of the ward and town; plans for developing industries and solving employment issues for workers.

3. Draft proposals for delineation and adjustment of administrative boundaries of the ward and town, establishment of neighborhood associations.

4. Proposals and plans for compensation and land clearance, resettlement periods, and construction of infrastructure within the ward and town.

5. Detailed urban planning within the administrative boundaries of the ward and town.

6. Draft plans for implementing national programs and goals within the ward and town.

7. Other matters deemed necessary by the ward and town authorities.

VI. IMPLEMENTATION METHODS:

Matters for which the people discuss and provide opinions before the ward and town authorities make decisions:

Implementation as stipulated in Article 11 of the Regulation on Democratic Practices in Communes.

VII. DETAIL PROVISIONS Article 12.

Matters for which the people at the ward and town level supervise and inspect include:

1. Activities and implementation results of resolutions of the People's Council; activities and implementation results of decisions and directives of the People's Committee of the ward and town;

2. Activities and moral conduct of representatives of the People's Council, members of the People's Committee of the ward and town, and officials and civil servants residing and working in the ward and town;

3. Handling of citizens' complaints and denunciations in the locality;

4. Budget estimates and final accounts of the ward and town, and collection and expenditure of contributions from the people;

5. Organization and implementation process of projects funded by the people, acceptance and final accounts of such projects; results of programs and projects directly invested in the ward and town by the State and other organizations and individuals, and State projects implemented in the ward and town;

6. Management and use of land; detailed planning management within the ward and town;

7. Results of inspections, investigations, and resolution of cases of corruption and malfeasance involving ward and town officials;

8. Implementation of policies and benefits for families under policy support and other groups (elderly, disabled, etc.);

9. Supervision of the activities of agencies and units located in the area in compliance with laws and urban management regulations through the People's Supervisory Board of the ward and town cooperating with the People's Supervisory Board of the aforementioned agencies and units.

VIII. IMPLEMENTATION METHODS FOR PEOPLE'S SUPERVISION AND INSPECTION.

Implementation as stipulated in Articles 13 and 14 of the Regulation on Democratic Practices in Communes and detailed guidance in this Circular.

IX. CONSTRUCTION OF NEIGHBORHOOD COMMUNITIES.

Implementation in accordance with Decision No. 13/2002/QĐ-BNV dated December 6, 2002 of the Minister of Home Affairs on "Issuing the Regulation on the Organization and Operation of Villages and Neighborhood Associations" and guiding documents of the Vietnam Fatherland Front Central Committee.

Part Three:

IMPLEMENTATION

1. This Circular replaces Circular No. 03/1998/TT-BTCCP dated July 6, 1988, issued by the Government Organization-Cadre Department (now the Ministry of Home Affairs) on guiding the implementation of the Village Democracy Regulation for wards and towns, and shall take effect fifteen days after its publication in the Official Gazette.

2. The Chairmen of the People's Committees of provinces and centrally governed cities shall direct the implementation, regularly monitor and periodically report annually to the Ministry of Home Affairs on the results of implementing the Village Democracy Regulation in villages, wards, and towns (with an appendix summarizing data according to the guidelines of the Central Steering Committee for Implementing the Village Democracy Regulation).

3. Based on the Village Democracy Implementation Regulation and this guiding circular, the Provincial People's Councils shall provide detailed regulations suitable to the actual conditions of each type of ward and town. In the course of implementation, if there are difficulties or obstacles, the People's Committees of provinces and centrally governed cities are requested to send their opinions to the Ministry of Home Affairs for study and resolution./.