Decision No. 13/2002/QD-BNV On the Issuance of the Regulation on the Organization and Operation of Villages and Neighborhoods

Pursuant to …;

Regarding the issuance of the Rules on the organization and operation of villages and residential wards

_______________________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to the Government Organization Law dated December 25, 2001;

Pursuant to Decree No. 181/ND-CP dated September 30, 1992 of the Government stipulating the functions, tasks, powers, and organizational structure of the Civil Service Committee under the Government (now the Ministry of Home Affairs);

Pursuant to Decision No. 85/2002/QD-TTg dated June 28, 2002 of the Prime Minister regarding the implementation plan for 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 "Reforming and Enhancing the Quality of the Grassroots Political System in Communes, Towns, and Urban Districts";

Considering the proposal of the Director of the Local Administration Department.

DECISION:

Article 1: The Rules on the organization and operation of villages and residential wards are hereby promulgated together with this Decision.

Article 2. This Decision replaces Decision No. 164/TCCP-CCVC dated June 29, 1995 of the Minister - Head of the Civil Service Committee under the Government on the issuance of the "Provisional Rules on the Organization of Villages in Mountainous Areas and the Functions, Tasks, and Powers of Village Chiefs" and shall take effect 15 days from the date of signature.

Article 3. Ministries, ministerial-level agencies, central agencies concerned, and People's Committees of provinces and centrally-administered cities are responsible for implementing this Decision.

REGULATIONS

Organization and operation of villages and residential wards

(Issued together with Decision No. 13/2002/QĐ-BNV dated December 6, 2002 of the Minister of Home Affairs)Villages, hamlets, ấp, bản, buôn, phum, sóc... (collectively referred to as villages); residential wards, neighborhoods, khóm... (collectively referred to as residential wards) are not administrative levels but are self-governing organizations of community residents, where direct and extensive democracy is implemented to promote various forms of self-management activities and organize the people to implement the policies and guidelines of the Party, the policies and laws of the State, and assigned tasks.

___________________________________________

 PART I

GENERAL PROVISIONS

Article 1. Below commune is village. Below town and township is residential ward.

Villages and residential wards are directly managed by the commune, town, and township authorities.

Article 2. The village chief and residential ward head are directly elected by the people and recognized by the Chairman of the Commune People's Committee; they represent the people and the commune, town, and township authorities to perform certain administrative tasks in the village and residential ward. The village chief and residential ward head are subject to the leadership of the Village Branch Party Committee, Residential Ward Branch Party Committee, or Commune Branch Party Committee (where there are no Village Branch Party Committee and Residential Ward Branch Party Committee); they are subject to management, direction, and control by the Commune People's Committee; and they closely cooperate with the People's Council Mass Mobilization Work Team, mass organizations, and associations in the village and residential ward during the implementation of work.

Article 3. Each village and residential ward has one deputy village chief and one deputy residential ward head to assist the village chief and residential ward head. In cases where the village and residential ward have more than 1,500 residents, additional one deputy village chief and one deputy residential ward head may be arranged. The deputy village chief and deputy residential ward head are proposed by the village chief and residential ward head (after reaching consensus with the People's Council Mass Mobilization Work Team), and recognized by the Chairman of the Commune People's Committee upon examination.

Article 4. The term of office of the village chief, deputy village chief, residential ward head, and deputy residential ward head shall not exceed two and a half years. In cases of newly established villages and residential wards or vacancies in the positions of village chief and residential ward head, the Chairman of the Commune People's Committee shall designate temporary village chiefs and residential ward heads until the village and residential ward elect new village chiefs and residential ward heads.

Article 5. The village chief, deputy village chief, residential ward head, and deputy residential ward head shall receive monthly allowances; based on guidance from the central level, the Chairman of the Provincial People's Committee shall determine the monthly allowance for village chiefs and residential ward heads; they are exempt from public works during their term of office; and they are sent for training and further education in necessary knowledge.

Article 6. Village chiefs and residential ward heads who complete their tasks excellently will be rewarded; if they fail to complete their tasks, commit violations, or lose the trust of the people, depending on the severity of the violation, they will be criticized, warned, relieved of duty, dismissed, or held accountable according to the law. The People's Council Mass Mobilization Work Team and voters may propose that the household representative meeting or voter representatives consider relieving or dismissing them. The Chairman of the Commune People's Committee shall examine and decide on disciplinary measures such as criticism, warning, or dismissal of village chiefs, deputy village chiefs, residential ward heads, and deputy residential ward heads.

ORGANIZATION AND OPERATION OF VILLAGES

Chapter II

The Chairman of the Provincial People's Committee issues a decision recognizing existing villages for each commune to stabilize the organization and operation of villages.

Article 7. Regarding the establishment of new villages (including splitting and merging villages):

Article 8. 1. Maintain existing villages. New villages shall only be established when organizing permanent settlement, relocation, land clearance, and when implementing population dispersal planning approved by competent authorities.

2. Scale of new villages: in the Red River Delta region, there must be at least 150 households; in the central and southern plains regions, there must be at least 100 households; in mountainous, highland, remote, and far-flung areas, there must be at least 50 households.

3. Procedures and documentation for establishing new villages:

a. After the Chairman of the Provincial People's Committee issues a decision on the policy, the Commune People's Committee develops a plan to establish a new village, mainly including:

+ The necessity to establish a new village.

+ Name of the village.

+ Geographic location of the village.

+ Population (number of households, number of residents).

+ Area of the village (measured in hectares).

b. Solicit opinions from voters in the area where the new village is to be established about the plan, compile the results into a document clearly stating the total number of voters, those in agreement, and those not in agreement.

+ Recommendations.

c. If the majority of voters agree, the Commune People's Committee completes the plan and submits it to the Commune People's Assembly for approval (with a resolution of the Commune People's Assembly).

d. After the Commune People's Assembly resolution, the Commune People's Committee completes the dossier and submits it to the District People's Committee for review. The District People's Committee is responsible for reviewing the plan and dossier and submitting it to the Chairman of the Provincial People's Committee for examination and decision.

The dossier submitted to the Chairman of the Provincial People's Committee includes:

+ The report of the Commune People's Committee to the Commune People's Assembly.

+ Plan to establish a new village.

+ Minutes of the voter opinion solicitation.

+ Resolution of the Commune People's Assembly.

+ Report of the Commune People's Committee to the District People's Committee.

Memorandum of the People's Commune Committee submitted to the People's District Committee.

||| Memorandum of the People's Committee at the district level submitted to the People's Committee at the provincial level.

e. The Chairman of the People's Committee at the provincial level considers issuing a decision to establish a new village.

Article 9||| Activities of the village:

1. The community residents in the village collectively discuss, decide and implement self-management tasks, ensuring unity and maintaining social order, safety, and environmental hygiene; building a new life; assisting each other in production and daily life; preserving and promoting fine traditions, customs, and cultural practices of the village; constructing village infrastructure; drafting and implementing village regulations.

2. Discussing measures to implement the policies and guidelines of the Party, laws and policies of the State, tasks assigned by the People's Committee of the commune, and fulfilling civic duties towards the State.

3. Implementing democratic regulations at the grassroots level.

4. Electing, appointing, and dismissing the village head.

Village activities are carried out through village meetings.

Article 10. Village meetings are held every three or six months, or irregularly when necessary. Participants include all voters or household heads or voter representatives. The meeting is convened and chaired by the Village Head. The meeting can proceed with the presence of at least half of the voters or household heads. A resolution of the village only has validity if it is approved by more than half of the household heads or voter representatives and does not contravene the law.

Article 11. Criteria for the village head.

The village head must be a resident with a permanent household registration in the village, aged 21 or older, in good health, enthusiastic, responsible in work, having good morals and conduct, trusted by the people, exemplary in personal and family behavior, possessing capabilities and methods to mobilize and organize the people to effectively perform community tasks and those assigned by superiors.

Article 12. Duties, responsibilities, and authorities of the village head:

1. Convening and chairing village meetings.

2. Organizing the implementation of village resolutions.

3. Mobilizing the people to effectively implement democratic regulations.

4. Organizing the drafting and implementation of village regulations.

5. Ensuring unity and maintaining social order within the village.

6. Organizing the implementation of tasks assigned by the People's Committee of the commune.

7. Collecting, reflecting, and proposing solutions to legitimate demands of the people to the commune authority.

8. Based on the resolutions of the village meeting, signing service contracts for production support and village infrastructure construction.

9. Being invited by the People's Committee of the commune to attend meetings on related issues. Reporting monthly on work progress to the People's Committee of the commune; reporting semi-annually and annually on work and self-criticism before the village meeting.

Article 13. Procedure for electing the village head:

1. All voters or household heads or voter representatives directly elect the village head through secret ballot or show of hands. The Chairman of the People's Committee of the commune decides the date for the election and issues a decision to establish the election committee. The People's Committee of the commune is responsible for providing funding, directing, guiding procedures, and assisting in organizing the village head election meeting properly.

2. Nomination of candidates:

a. Based on the criteria for the village head, under the leadership of the village party branch or the commune party branch, the People's Front Work Board collaborates with youth, women, farmers, and veterans' associations in the village to propose candidates, then convene a voter meeting to discuss the criteria, list of proposed candidates from the People's Front Work Board, and candidates nominated by voters or self-nominated.

b. Based on the candidate list at the voter meeting, the head of the People's Front Work Board chairs a discussion to unify the final list of official candidates. Participants include representatives from the Party organization, youth league, women's association, farmers' association, and veterans' association. The list for electing the village head must have at least one extra person.

3. Election Committee:

The election committee consists of no more than seven members, with the head of the People's Front Work Board serving as the committee leader. Other members include representatives from the Party organization and some associations such as youth, women, farmers, and veterans in the village. The election committee's responsibilities include:

a. Compiling and announcing the list of voters participating in the election.

b. Announcing the list of candidates.

c. Organizing the village head election meeting.

d. Announcing the election results.

e. Reporting the election meeting results and submitting election documents to the People's Committee of the commune.

4. Counting votes and announcing election results:

a. Before voting, the election committee introduces the vote-counting board consisting of three members.

b. Vote counting: The vote counting process begins immediately after voting ends. The vote-counting board records the voting results, transfers the record and ballots to the election committee leader.

c. The election committee leader announces the individual results and the elected village head. The elected village head is the candidate who receives more than 50% of valid votes from participating voters. The election result is valid only if at least 50% of voters on the list participate in voting.

5. Based on the vote-counting record and the report of the village head election meeting results, the Chairman of the People's Committee of the commune considers issuing a decision recognizing the elected village head. The village head officially commences operations upon receiving the recognition decision from the Chairman of the People's Committee of the commune.

6. Election expenses are funded by the commune budget.

In cases where the number of voters participating in the vote is less than 50%, or in cases of violations of the village head election regulations stipulated in Clauses 2, 3, and 4 of this Article, a re-election must be organized. The date for the re-election is decided by the Chairman of the People's Committee of the commune. If the second re-election also fails, the Chairman of the People's Committee of the commune will designate a temporary village head from among the official candidates until a new village head is elected.

Chapter III

||| ORGANIZATION AND ACTIVITIES OF THE STREET RESIDENTS' GROUP

Article 14. The establishment of a new street residents' group (including division, merger of street residents' groups) is proposed by the People's Committee of the ward or town, submitted to the People's Council at the same level for approval, and reported to the Chairman of the higher-level People's Committee for consideration and decision. The scale of a newly established street residents' group should have at least 70 households.

Article 15. The activities of the street residents' group, the street residents' group meeting, the criteria, and the election of the street residents' group head are implemented according to Articles 9, 10, 11, and 13 of this Regulation.

Article 16. Duties, responsibilities, and authorities of the street residents' group head:

1. Summon and chair the neighborhood people's group meeting to discuss and organize the implementation of decisions of the neighborhood people's group regarding maintaining public order and social safety, preventing crime and social evils; repairing and constructing infrastructure for alleys and streets and environmental sanitation; building cultural life, mutual assistance in daily life and production; properly fulfilling tasks assigned by the People's Committee of the commune or town.

2. Mobilize and organize the people to implement the Democratic Regulations well.

3. Organize and implement the neighborhood people's group regulations.

4. Collect legitimate opinions and aspirations of the people to reflect and propose to the People's Committee of the commune or town for resolution.

5. Be invited by the People's Committee of the commune or town to attend meetings on related issues. Report monthly on the results of work to the People's Committee of the commune or town; report on work and self-assessment at the end of six months and year before the neighborhood people's group meeting.

Chapter IV

IMPLEMENTING PROVISIONS

Article 17. The People's Committee of the provincial level shall base on the provisions of this Regulation to specify concretely in accordance with the actual situation in the locality.

Article 18. The Chairperson of the People's Committees at all levels shall be responsible for directing the organization and implementation, inspecting the implementation of this Regulation.

Article 19. Ministries, ministerial-level agencies, and relevant central agencies shall organize guidance and inspection of the implementation of contents stipulated in this Regulation.

Article 20. In the process of implementation, if there are difficulties, report to the Ministry of Home Affairs for consideration and resolution.