Decision No. 22/2018/QD-TTg On the establishment and implementation of village regulations and community conventions

PRIME MINISTER -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 22/2018/QĐ-TTg	Hanoi, May 8, 2018

Pursuant to …;

ON THE CONSTRUCTION AND IMPLEMENTATION OF VILLAGE REGULATIONS AND COMMUNITY AGREEMENTS

Pursuant to the Law on Government Organization dated June 19, 2015;

On the basis of the Ordinance on Implementation of Democracy in Communes, Wards, and Towns dated April 20, 2007;

Pursuant to the Law on Legislative Documents dated June 22, 2015;

On the basis of Circular No. …/2020/TT-BVHTTDL dated … month … year 2020 of the Minister of Culture, Sports and Tourism stipulating measures to implement state management functions over the construction and implementation of village regulations and community agreements;

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, Wards, and Townships;

At the proposal of the Minister of Justice;

The Prime Minister issues this Decision on the construction and implementation of village regulations and community agreements.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

a) Principles for constructing and implementing village regulations and community agreements; scope of content, form, procedures, and formalities for drafting, amending, supplementing, and replacing village regulations and community agreements;

b) Authority, conditions, and procedures for recognizing village regulations and community agreements;

c) Handling of village regulations and community agreements containing content contrary to the law, social morals, or local customs and traditions regarding marriage and family relations that have been approved by the People's Council of provinces or centrally governed cities or other good customs and traditions according to the law, or violations of the provisions on voting to pass and recognizing village regulations and community agreements (hereinafter referred to collectively as violating village regulations and community agreements);

d) Responsibilities of agencies, organizations, and individuals in constructing and implementing village regulations and community agreements.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Decision applies to village communities such as villages, hamlets, ấp, bản, buôn, bon, phum, sóc, residential wards, neighborhoods, and equivalent units (hereinafter referred to collectively as villages or residential wards) and agencies, organizations, and individuals related to the construction and implementation of village regulations and community agreements.

Article 2. Village Regulations and Community Agreements

Village regulations and community agreements are documents stipulating behavioral rules voluntarily agreed upon and established by village or residential ward communities to regulate self-governed social relationships within the community and recognized by competent state authorities in accordance with this Decision.

Article 3. Purpose of constructing and implementing village regulations and community agreements

1. To promote the role of self-management by community residents, maintain social order and safety, protect natural resources and the environment, and implement grassroots democracy.

2. To protect, maintain, and promote traditional cultural values, good customs and practices; to limit and gradually eliminate backward customs and practices; to build a civilized lifestyle within the community.

Article 4. Principles for constructing and implementing village regulations and community agreements

1. Consistent with the Party’s guidelines and policies; state laws; social morals, and good customs and traditions of the community.

2. Ensuring voluntariness based on the agreement and consensus of the community residents; fully exercising the people's right to be masters; based on the community's self-management needs.

3. Protecting, preserving, and promoting traditional cultural values; building new cultural values suitable to the characteristics and circumstances of the community.

4. Not violating human rights, citizens' rights, ensuring gender equality.

5. Not imposing fees, charges, fines, or material penalties.

Article 5. Scope of Content and Form of Village Regulations and Community Agreements

1. The content of village regulations and community agreements is decided by the village or residential ward community, including one or more areas of social life not regulated by law or only regulated by principles; recording good customs and traditions and measures to limit and eventually eliminate backward, superstitious, and irrational customs and traditions; consistent with the community's self-management requirements and the purpose and principles of constructing and implementing village regulations and community agreements as stipulated in Articles 3 and 4 of this Decision.

2. Village regulations and community agreements are presented in written form, signed and confirmed by the Head of the Mass Organization Work Board, Village Chief, or Ward Leader. After being recognized, village regulations and community agreements must bear the stamp of the People's Committee of districts, towns, or centrally governed city districts (hereinafter referred to collectively as district-level People's Committees).

3. The language used in village regulations and community agreements is Vietnamese, concise, clear, specific, easy to understand, and appropriate for the community.

For villages or residential wards where multiple ethnic groups live and use different languages, the village or residential ward community considers and decides to translate village regulations and community agreements into minority languages to ensure broad participation of residents in providing opinions, voting to pass draft village regulations and community agreements, and implementing them after recognition.

4. The choice of name "Village Regulation" or "Community Agreement" is determined by the community's consensus.

Chapter II

CONSTRUCTION, RECOGNITION, AMENDMENT, SUPPLEMENTATION, AND REPLACEMENT OF VILLAGE REGULATIONS AND COMMUNITY AGREEMENTS

Article 6. Drafting Village Regulations and Community Agreements

1. The Village Head or Ward People's Group Leader shall preside over and coordinate with the Chairman of the People's Committee Working Group to organize a village meeting or ward people's group meeting to solicit opinions on the policy of drafting Village Regulations and Community Agreements and the basic contents proposed for inclusion in these regulations.

2. In cases where more than 50% of the total number of voters or household representatives in the village or ward people's group agree with the policy of drafting Village Regulations and Community Agreements, the Village Head or Ward People's Group Leader shall preside over and coordinate with the Chairman of the People's Committee Working Group to select and appoint individuals to participate in the Drafting Team for Village Regulations and Community Agreements.

3. The Drafting Team shall be responsible for organizing the drafting of Village Regulations and Community Agreements. Members of the Drafting Team for Village Regulations and Community Agreements must be persons of high standing in the community; have good moral character; possess life experience and knowledge of laws, culture, customs, and traditions of the locality; include female representatives participating. For villages or ward people's groups in ethnic minority areas, members of the Drafting Team must include participation from ethnic minorities who speak the ethnic language.

Article 7. Soliciting Opinions on Draft Village Regulations and Community Agreements

1. Before submitting draft Village Regulations and Community Agreements to the village or ward people's group community for discussion and voting, they must be publicly posted at the village cultural house, ward people's group cultural house, public bulletin boards, community activity points, or other locations ensuring convenience for households and individuals in the village or ward people's group to access, understand, and provide feedback. The posting period is decided by the village or ward people's group community but must be at least thirty days from the date of posting.

2. The Village Head or Ward People's Group Leader shall organize the solicitation of opinions from households and individuals in the village or ward people's group regarding the draft Village Regulations and Community Agreements through one of the following methods:

a) Sending copies of the draft Village Regulations and Community Agreements to each household and individual;

b) Setting up suggestion boxes to collect opinions;

c) Incorporating and collecting opinions during village meetings, ward people's group meetings, or other appropriate forms.

The method of soliciting opinions is determined by the Village Head or Ward People's Group Leader based on local conditions.

3. Soliciting opinions from relevant agencies and organizations is decided by the Village Head or Ward People's Group Leader if deemed necessary. The method of soliciting opinions is carried out according to one of the methods stipulated in Clause 2 of this Article.

4. The Drafting Team for Village Regulations and Community Agreements shall be responsible for compiling, revising, and perfecting the draft Village Regulations and Community Agreements based on the opinions of households, individuals, agencies, and organizations specified in Clauses 2 and 3 of this Article.

Article 8. Approving Village Regulations and Community Agreements

1. The discussion and voting to approve Village Regulations and Community Agreements by the village or ward people's group community shall be conducted through one of the following methods:

a) Organizing voter meetings or meetings of household representative voters;

b) Distributing ballots to voters or household representative voters.

2. Village Regulations and Community Agreements are approved when more than 50% of the total number of voters or household representative voters in the village or ward people's group agree.

3. The procedures and formalities for discussing and voting to approve Village Regulations and Community Agreements shall be implemented in accordance with the provisions of Articles 1, 2, 3, 4, and 5 of Joint Resolution No. 09/2008/NQLT-CP-UBTWMTTQVN dated April 17, 2008, issued by the Government and the Central Committee of the Vietnam Fatherland Front guiding the implementation of Articles 11, 14, 16, 22, and 26 of the Ordinance on Implementing Democracy in Communes, Wards, and Towns.

Article 9. Recognition of Village Agreements and Community Agreements

1. The People's Committee at the district level has the authority to recognize village agreements and community agreements.

2. Village regulations and community agreements are recognized when they meet the following conditions:

a) The scope of content and form of village agreements and community agreements comply with the provisions of Article 5 of this Decision;

b) Village agreements and community agreements are established in accordance with the principles, procedures, and processes stipulated in this Decision.

3. The procedure for recognizing village agreements and community agreements shall be carried out in accordance with the provisions of Clause 1, Article 16 of the Ordinance on Implementing Democracy in Communes, Wards, and Towns.

4. The application dossier for recognition of village agreements and community agreements shall be submitted directly or sent via postal service to the People's Committee at the district level. The dossier includes:

a) A draft of the village agreement or community agreement that has been approved by the rural community or ward residents' group, bearing the signatures of the Chairman of the Mass Mobilization Front Working Group, the Village Head, or the Ward Residents' Group Leader;

b) Minutes confirming the results of discussions and voting by the rural community or ward residents' group to approve the village agreement or community agreement;

c) A letter requesting recognition from the People's Committee of the commune, ward, or town (hereinafter referred to collectively as the People's Committee at the commune level).

d) Other documents (if any).

5. Village agreements and community agreements take effect from the date the People's Committee at the district level issues a decision to recognize them.

6. Within two working days from the date of issuing the recognition decision, the People's Committee at the district level shall send the village agreement or community agreement to the People's Committee at the commune level for monitoring and management, and to the Village Head or Ward Residents' Group Leader for implementation organization.

Article 10. Amendment, Supplement, and Replacement of Village Agreements and Community Agreements

1. Village agreements and community agreements shall be amended, supplemented, or replaced when they fall under any of the following circumstances:

a) Containing content contrary to the law, social morals, or local customs and traditions regarding marriage and family relations approved by the Provincial People's Council or other good customs and traditions as prescribed by law;

b) The community deems it necessary to amend, supplement, or replace village agreements and community agreements in compliance with the provisions of Article 5 of this Decision.

2. The amendment, supplementation, and replacement of village agreements and community agreements shall be carried out according to the procedures and processes for establishing and recognizing village agreements and community agreements stipulated from Article 6 to Article 9 of this Decision. In cases where the content specified in point a, Clause 1 of this Article is amended or supplemented, there is no need to organize public opinion solicitation on the proposal to amend or supplement according to the regulations.

Chapter III

IMPLEMENTATION OF VILLAGE AGREEMENTS AND COMMUNITY AGREEMENTS

Article 11. Information and Dissemination of the Content of Village Agreements and Community Agreements

1. Village agreements and community agreements recognized by the People's Committee at the district level must be promptly and widely disseminated to households and individuals in the village or ward to ensure their knowledge and implementation through one of the following methods:

a) Village or Ward Meetings;

b) Public posting at cultural houses or community activity centers;

c) Information dissemination on grassroots information networks;

d) Sending copies of village agreements and community agreements to each household and individual;

e) Other appropriate forms in line with the actual conditions of the community.

2. The Village Head or Ward Residents' Group Leader shall take the lead and coordinate with the Chairman of the Mass Mobilization Front Working Group to organize activities for disseminating the content of village agreements and community agreements to households and individuals in the village or ward.

3. All levels of People's Committees, relevant agencies, and organizations shall support villages and wards in organizing information dissemination, communication, and implementation of village agreements and community agreements.

Article 12. Responsibilities of households and individuals in implementing village covenants and community regulations

1. Households and individuals in villages and residential wards have the responsibility to self-study, respect, comply with, and implement village covenants and community regulations that have been recognized.

2. When discovering violations of village covenants and community regulations, households and individuals in villages and residential wards have the responsibility to remind, request cessation of the violation behavior and rectify consequences, or report and propose to the Village Chief or Ward Head, the Chairman of the People's Committee for Mass Mobilization, or the head of political and social organizations in the village or residential ward to examine and resolve according to the provisions of the village covenants and community regulations.

3. When discovering village covenants and community regulations violating any of the cases stipulated in Clause 1, Article 15 and Clause 1, Article 16 of this Decision, households and individuals in villages and residential wards have the responsibility to report and propose to the Village Chief or Ward Head, the Chairman of the People's Committee for Mass Mobilization to review, propose amendments, supplements, or replacement of village covenants and community regulations, or propose to the competent authority to handle the violated village covenants and community regulations according to the provisions of this Decision.

Article 13. Inspection, supervision, and monitoring of the implementation of village covenants and community regulations

1. The People's Committees at all levels shall take the lead and coordinate with the Vietnam Fatherland Front Committees at the same level and member organizations of the Front to inspect, supervise, and monitor the implementation of laws on the establishment and implementation of village covenants and community regulations in their localities.

2. The Chairman of the People's Committee for Mass Mobilization shall take the lead and coordinate with the Village Chief or Ward Head, the heads of political and social organizations in the village or residential ward to mobilize households and individuals in the village or residential ward to implement village covenants and community regulations; to mobilize the elimination and non-application of outdated customs and practices contrary to the law and social morality.

3. The Village Chief or Ward Head shall be responsible for monitoring and reporting the results of the implementation of village covenants and community regulations of the village or residential ward to the People's Committee of the commune; to collect, report, and propose the grassroots administration to resolve proposals from households and individuals in the village or residential ward regarding the establishment and implementation of village covenants and community regulations; to regularly evaluate the implementation of village covenants and community regulations annually; to review, identify, propose amendments, supplements, or replacement of village covenants and community regulations, or propose handling of violated village covenants and community regulations.

4. Encourage village elders, heads of groups, heads of family lines, elderly people, religious officials, and other reputable individuals in the community to promote, mobilize, and remind households and individuals in the village or residential ward to comply with and implement village covenants and community regulations.

5. Encourage grassroots mediators to refer to and apply village covenants and community regulations to mediate conflicts and disputes during grassroots mediation according to the law on grassroots mediation.

Chapter IV

HANDLING OF VIOLATED VILLAGE COVENANTS AND COMMUNITY REGULATIONS

Article 14. Competence and forms of handling

1. Competence to handle violations of village covenants and community regulations

a) The People's Committee of the district has the competence to handle violations of village covenants and community regulations falling under any of the cases stipulated in Clause 1, Article 15 and Clause 1, Article 16 of this Decision;

b) The Chairman of the People's Committee of the province has the competence to handle violations of village covenants and community regulations stipulated in point b, Clause 1, Article 16 of this Decision when the People's Committee of the district does not handle or handles incorrectly according to the law.

2. Forms of handling violations of village covenants and community regulations include:

a) Suspension of implementation of village covenants and community regulations;

b) Abolition of village covenants and community regulations.

Article 15. Suspension of Implementation of Village Agreements and Community Agreements

1. Village agreements and community agreements shall be partially or entirely suspended when they fall under any of the following circumstances:

a) They contain provisions as stipulated in point a Clause 1 Article 10 of this Decision and if implemented, will cause damage or pose a risk of serious consequences;

b) They have not been recognized by the People's Committee at the district level but are still being implemented.

2. When there are grounds as stipulated in point a or point b Clause 1 of this Article, within three working days from the date of such grounds, the People's Committee at the district level shall issue a decision to suspend the implementation of village agreements and community agreements; instruct the People's Committee at the commune level to guide villages and community organizations to amend, supplement, or replace them when they fall under the circumstances stipulated in point a Clause 1 of this Article, or to proceed with the necessary procedures for recognition as prescribed when they fall under the circumstances stipulated in point b Clause 1 of this Article.

3. The decision to suspend the implementation of village agreements and community agreements must clearly specify the time limit for amending, supplementing, replacing, or completing the procedures for recognition as prescribed.

4. The decision to suspend the implementation of village agreements and community agreements shall take effect from the date of signing and cease to be effective when the decision to abolish or recognize village agreements and community agreements becomes legally binding or when amended, supplemented, or replaced village agreements and community agreements become enforceable.

Article 16. Abolition of Village Agreements and Community Agreements

1. Village agreements and community agreements shall be partially or entirely abolished when they fall under any of the following circumstances:

a) They have been suspended from implementation according to the provisions of point a Clause 1 Article 15 of this Decision but have exceeded the time limit specified in the decision to suspend their implementation without the village or community organization proceeding to amend, supplement, or replace them;

b) They have been recognized but do not meet the conditions for approval as stipulated in Clause 2 Article 8 of this Decision.

2. Within three working days from the date of expiration of the time limit specified in the decision to suspend the implementation of village agreements and community agreements falling under the circumstances stipulated in point a Clause 1 of this Article, or from the date of grounds for village agreements and community agreements falling under the circumstances stipulated in point b Clause 1 of this Article, the competent authority or individual with jurisdiction to handle violations of village agreements and community agreements shall examine and issue a decision to partially or entirely abolish the contents of the village agreements and community agreements.

3. The abolition terminates the enforceability of village agreements and community agreements from the date the decision to abolish becomes legally binding.

Chapter V

IMPLEMENTATION

Article 17. Responsibilities of Agencies, Organizations, and Individuals

1. The Ministry of Culture, Sports and Tourism shall take the lead in advising and assisting the Prime Minister in directing and guiding the implementation of this Decision throughout the country, performing the following tasks and powers:

a) Drafting and promulgating regulations on the establishment and implementation of village agreements and community agreements, either within its own authority or through submission to the competent authority for promulgation;

b) Directing, guiding, and monitoring the implementation of laws on the establishment and implementation of village agreements and community agreements;

c) Promoting and disseminating laws on the establishment and implementation of village agreements and community agreements;

d) Conducting training and capacity building on the establishment and implementation of village agreements and community agreements;

đ) Guiding the recording of progressive customs and practices; mobilizing to eliminate and not apply backward customs and practices in village agreements and community regulations;

e) Inspecting, investigating, resolving complaints, grievances, responding to proposals, reflections, rewarding, and handling violations in the implementation of laws on the establishment and implementation of village agreements and community agreements nationwide; directing and guiding the handling of violating village agreements and community agreements;

g) Statistics, reporting, summarizing, and concluding on the construction and implementation of village agreements and community regulations nationwide.

2. The Ministry of Justice shall cooperate with the Ministry of Culture, Sports and Tourism, the Central Committee of the Vietnam Fatherland Front, and related agencies and organizations to inspect and recommend measures to address violating village agreements and community agreements that contain illegal content or infringe upon human rights and citizens' rights.

3. The Ethnic Minority Commission shall cooperate with the Ministry of Culture, Sports and Tourism to implement the provisions stipulated in point e Clause 1 of this Article.

4. The Ministry of Finance shall direct and guide the funding to ensure state management over the establishment and implementation of village agreements and community agreements.

5. Ministries and ministerial-level agencies within their assigned functions and tasks shall cooperate with the Ministry of Culture, Sports and Tourism to direct and guide the establishment and implementation of village agreements and community agreements in accordance with the sectors they manage.

6. People's Committees at all levels shall direct, guide, and implement the tasks stipulated in points a, b, c, d, e, and g Clause 1 of this Article locally and perform the tasks as prescribed in this Decision.

7. It is requested that the Vietnam Fatherland Front at all levels and member organizations of the Front promote and mobilize the people to actively participate in establishing and implementing village agreements and community agreements and laws on the establishment and implementation of village agreements and community agreements.

8. Departments of Culture, Sports and Tourism (or Departments of Culture and Sports), Cultural and Information Offices, and Social and Cultural Civil Servants shall take the lead and coordinate with judicial authorities at the same level and Civil Servants of Judicial and Household Registration to advise and assist People's Committees and Chairpersons of People's Committees at the same level in implementing this Decision.

Article 18. Implementation funds

1. Funds for state management activities related to construction, implementation of village covenants and regulations shall be guaranteed by the state budget in accordance with the provisions of the State Budget Law.

2. Funds for the construction and implementation of village covenants and regulations shall be self-assured by the community. Encouragement is given to support and contributions of funds and other necessary conditions in the construction and implementation of village covenants and regulations.

Article 19. Transitional Provisions

1. Village covenants and regulations that have been recognized or approved according to Directive No. 24/1998/CT-TTg dated June 19, 1998 of the Prime Minister on the construction and implementation of village covenants and regulations of villages, hamlets, communes, wards, and clusters of residents before the effective date of this Decision, which comply with the principles stipulated in Article 4 of this Decision, shall continue to be implemented.

2. Village covenants and regulations that have been recognized or approved according to Directive No. 24/1998/CT-TTg dated June 19, 1998 of the Prime Minister on the construction and implementation of village covenants and regulations of villages, hamlets, communes, wards, and clusters of residents before the effective date of this Decision, which do not comply with the principles stipulated in Article 4 of this Decision or are not within the recognition authority, must be revised, supplemented, replaced, abolished, or go through the recognition procedures as prescribed in this Decision before December 31, 2018.

3. From the effective date of this Decision, village covenants and regulations that have not been recognized must undergo the recognition procedures as prescribed in this Decision.

Article 20. Implementation Provisions

1. This Decision takes effect from July 1, 2018.

2. Directive No. 24/1998/CT-TTg dated June 19, 1998 of the Prime Minister on the construction and implementation of village covenants and regulations of villages, hamlets, communes, wards, and clusters of residents shall cease to be effective from the effective date of this Decision.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally-administered cities - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Office of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - National Financial Supervisory Commission; - State Audit Office; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - File: VT, PL (2). PC

PRIME MINISTER Nguyen Xuan Phuc