Decree No. 29/1998/ND-CP on the issuance of the Regulation on Implementing Democracy at Commune Level

DECREE OF THE GOVERNMENT
VREGARDING THE ISSUANCE OF REGULATIONS ON THE IMPLEMENTATION OF DEMOCRACY IN VILLAGES

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

BASED ON RESOLUTION 45/1998/NQ-UBTVQH10 OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ON FEBRUARY 26, 1998, CONCERNING THE ISSUANCE OF REGULATIONS ON THE IMPLEMENTATION OF DEMOCRACY IN VILLAGES, WARD, AND TOWNHOODS;

At the proposal of the Minister, Head of the Organization-Cadre Department of the Government,

DECREE:

Article 1. This Decree promulgates the Regulation on Implementing Democracy at Communes.

Article 2. THESE REGULATIONS APPLY TO BOTH WARDS AND TOWNHOODS. THE ORGANIZATION-CADRE DEPARTMENT OF THE STATE GOVERNMENT SHALL ISSUE GUIDELINES FOR THE APPLICATION OF THESE REGULATIONS IN WARDS AND TOWNHOODS.

Article 3. THIS DECREE SHALL TAKE EFFECT 15 DAYS AFTER ITS DATE OF SIGNATURE. ALL PRIOR PROVISIONS CONTRARY TO THESE REGULATIONS ARE ABROGATED.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.

REGULATIONS

IMPLEMENTING DEMOCRACY AT COMMUNES
(ISSUED ALONG WITH DECREE NO. 29/1998/NĐ-CP
OF THE GOVERNMENT ON MAY 11, 1998)

PREAMBLE

DEMOCRACY IS THE ESSENCE OF OUR SYSTEM AND STATE. OUR PARTY AND STATE ALWAYS RESPECT AND PROMOTE THE RIGHT OF THE PEOPLE TO BE THE MASTER, CREATING A GREAT POWER AND CONTRIBUTING TO THE SUCCESS OF THE REVOLUTION.

THE RIGHT OF THE PEOPLE TO BE THE MASTER IN ALL FIELDS HAS BEEN ENACTED IN THE CONSTITUTION, LAWS, AND OTHER LEGAL DOCUMENTS OF THE STATE.

THESE REGULATIONS ONLY PROVIDE FOR THOSE MATTERS THAT LOCAL AUTHORITIES MUST INFORM AND MAKE PUBLIC SO THAT THE PEOPLE CAN KNOW, THOSE MATTERS THAT THE PEOPLE SHALL DISCUSS AND DECIDE DIRECTLY, THOSE MATTERS THAT THE PEOPLE SHALL GIVE THEIR OPINIONS BEFORE THE STATE AUTHORITY DECIDES, THOSE MATTERS THAT THE PEOPLE SHALL SUPERVISE AND CHECK, AND THE FORMS OF IMPLEMENTATION OF THE REGULATIONS ON DEMOCRACY.

PART I
GENERAL PROVISIONS

Article 1. THE REGULATIONS ON THE IMPLEMENTATION OF DEMOCRACY IN VILLAGES AIM TO PROMOTE THE RIGHT OF THE PEOPLE TO BE THE MASTER AND THEIR CREATIVE SPIRIT IN VILLAGES, TO MOBILIZE THE GREAT MATERIAL AND SPIRITUAL POWER OF PEASANTS AND THE PEOPLE IN ECONOMIC DEVELOPMENT, POLITICAL STABILITY, SOCIAL DEVELOPMENT, ENHANCING RURAL SOLIDARITY, IMPROVING THE QUALITY OF LIFE, RAISING POPULAR EDUCATION LEVELS, BUILDING CLEAN AND STRONG COMMUNIST PARTY BUREAUS, LOCAL GOVERNMENTS, AND ASSOCIATIONS AT THE VILLAGE LEVEL, PREVENTING AND CORRECTING THE DEGENERATION, BUREAUCRACY, AND CORRUPTION, CONTRIBUTING TO THE CAUSE OF WEALTHY PEOPLE, STRONG COUNTRY, FAIR AND CIVILIZED SOCIETY, FOLLOWING THE SOCIALIST ORIENTATION.

Article 2. PROMOTING THE RIGHT OF THE PEOPLE TO BE THE MASTER IS LINKED TO THE MECHANISM "THE PARTY LEADS, THE STATE MANAGES, THE PEOPLE ARE THE MASTERS"; PROMOTING THE REPRESENTATIVE DEMOCRATIC SYSTEM, IMPROVING THE QUALITY AND EFFECTIVENESS OF THE ACTIVITIES OF THE PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE, IMPLEMENTING THE DIRECT DEMOCRATIC SYSTEM AT THE LOCAL LEVEL SO THAT THE PEOPLE CAN DISCUSS AND DECIDE DIRECTLY ON IMPORTANT AND PRACTICAL MATTERS RELATED TO THEIR OWN INTERESTS.

Article 3. DEMOCRACY WITHIN THE FRAMEWORK OF THE CONSTITUTION AND LAWS; RIGHTS ARE ACCOMPANIED BY DUTIES; DEMOCRACY IS ACCOMPANIED BY ORDER AND DISCIPLINE; RESOLVE TO HANDLE ANY ACTIONS THAT ABUSE DEMOCRACY TO VIOLATE THE CONSTITUTION AND LAWS, INFRINGE UPON THE FREEDOM AND DEMOCRATIC RIGHTS OF THE PEOPLE.

PART II
MATTERS THAT NEED TO BE ANNOUNCED FOR THE PEOPLE TO KNOW

Article 4. LOCAL AUTHORITIES HAVE THE RESPONSIBILITY TO TIMELY AND PUBLICLY INFORM THE PEOPLE ABOUT THE FOLLOWING MAJOR TASKS:

1. THE POLICIES AND LAWS OF THE STATE.

2. THE REGULATIONS OF THE STATE AND LOCAL AUTHORITIES ON PROCEDURES FOR HANDLING MATTERS RELATED TO THE PEOPLE.

3. THE LONG-TERM AND ANNUAL PLANS FOR ECONOMIC AND SOCIAL DEVELOPMENT OF THE VILLAGE.

4. THE LAND USE PLANNING AND PLANS.

5. THE RESOLUTIONS OF THE PEOPLE'S COUNCIL AND THE DECISIONS OF THE PEOPLE'S COMMITTEE OF THE VILLAGE AND SUPERIOR AUTHORITIES RELATED TO THE LOCAL AREA.

6. THE ANNUAL BUDGET ESTIMATE AND FINAL ACCOUNT OF THE VILLAGE.

7. THE ESTIMATE AND FINAL ACCOUNT OF THE COLLECTION AND EXPENDITURE OF FUNDS FROM FUND, PROJECTS, AND AMOUNTS COLLECTED FOR INFRASTRUCTURE CONSTRUCTION AND PUBLIC UTILITY PROJECTS IN THE VILLAGE, HAMLET, VILLAGE, AND RESULTS OF IMPLEMENTATION.

8. THE PROGRAMS AND PROJECTS FUNDED DIRECTLY BY THE STATE, ORGANIZATIONS, AND INDIVIDUALS.

9. THE POLICIES AND PLANS FOR LOANING FUNDS TO DEVELOP PRODUCTION AND ERADICATE POVERTY.

10. THE ADJUSTMENT OF THE ADMINISTRATIVE BOUNDARIES OF THE VILLAGE AND RELATED UNITS.

11. THE RESULTS OF AUDITS, INSPECTIONS, AND RESOLUTIONS OF NEGATIVE CASES, CORRUPTION OF LOCAL OFFICIALS, HAMLETS, VILLAGES, AND SETTLEMENTS.

12. THE WORK OF CULTURE, SOCIAL AFFAIRS, PREVENTION OF SOCIAL EVILS, MAINTENANCE OF SECURITY, ORDER, AND SOCIAL SAFETY IN THE VILLAGE.

13. THE MID-YEAR AND YEAR-END SUMMARIES OF THE ACTIVITIES OF THE PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE OF THE VILLAGE.

14. OTHER MATTERS THAT THE LOCAL AUTHORITIES DEEM NECESSARY AND THE PEOPLE REQUEST TO BE INFORMED.

Article 5. THE PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE OF THE VILLAGE HAVE THE RESPONSIBILITY TO COORDINATE WITH THE UNITED FRONT ORGANIZATION COMMITTEE, ASSOCIATIONS, AND HEADS OF HAMLETS, VILLAGES, AND SETTLEMENTS TO PROVIDE THE INFORMATION LISTED IN ARTICLE 4 SO THAT THE PEOPLE CAN BE INFORMED THROUGH THE FOLLOWING METHODS:

1. THROUGH WRITTEN DOCUMENTS.

2. PUBLIC DISPLAY AT THE OFFICE OF THE PEOPLE'S COMMITTEE OF THE VILLAGE AND CENTERS OF POPULATION, CULTURE.

3. THE LOCAL RADIO BROADCASTING SYSTEM AND CULTURAL, INFORMATION, AND PROPAGANDA ORGANIZATIONS.

4. MEETINGS BETWEEN ELECTED REPRESENTATIVES OF THE PEOPLE'S COUNCIL AND CITIZENS.

5. SESSIONS OF THE PEOPLE'S COUNCIL, MEETINGS OF THE UNITED FRONT ORGANIZATION, ASSOCIATIONS, AND COMMUNITY GROUPS.

6. AT THE MID-YEAR AND END-OF-YEAR MEETINGS, SUMMARIES OF THE ACTIVITIES OF THE PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE OF THE VILLAGE, REPORTS ON THE SELF-EVALUATION OF THE CHAIRMAN OF THE PEOPLE'S COUNCIL AND THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE VILLAGE BEFORE THE PEOPLE.

CHAPTER III
MATTERS THAT THE PEOPLE DISCUSS AND DECIDE DIRECTLY

Article 6. THE PEOPLE IN THE VILLAGE, HAMLETS, VILLAGES, AND SETTLEMENTS SHALL DISCUSS AND DECIDE DIRECTLY ON THE FOLLOWING MAJOR MATTERS:

1. THE POLICIES AND LEVELS OF CONTRIBUTIONS FOR INFRASTRUCTURE AND PUBLIC UTILITY PROJECTS (ELECTRICITY, ROADS, SCHOOLS, HEALTH CLINICS, CEMETERIES, CULTURAL, SPORTS FACILITIES...).

2. THE ESTABLISHMENT, COLLECTION, AND EXPENDITURE OF FUNDS WITHIN THE LIMITS OF THE LAW.

3. THE FORMULATION OF VILLAGE CUSTOMS, VILLAGE CULTURE, CIVILIZED LIFESTYLES, MAINTENANCE OF SECURITY AND ORDER, ELIMINATION OF BAD CUSTOMS, SUPERSTITIONS, AND SOCIAL EVILS.

4. INTERNAL COMMUNITY AFFAIRS IN HAMLETS, VILLAGES, AND SETTLEMENTS, IN ACCORDANCE WITH THE LAWS OF THE STATE.

5. THE ESTABLISHMENT OF A MONITORING COMMITTEE FOR CONSTRUCTION PROJECTS FUNDED BY THE PEOPLE.

6. THE ORGANIZATION OF PRODUCTION AND BUSINESS PROTECTION.

Article 7. IN ADDITION TO THE CONTRIBUTIONS LISTED IN ARTICLE 6, ANY SUPPORT FUNDS FOR MUTUAL AID, CHARITY, AND PHILANTHROPY MUST BE VOLUNTARY, WITHOUT COMPULSION, AVERAGING, OR UNIFORM DISTRIBUTION, AS PROMOTED AND ENCOURAGED BY THE LOCAL AUTHORITIES, THE UNITED FRONT ORGANIZATION, ASSOCIATIONS, AND COMMUNITY GROUPS.

Article 8. THE METHODS FOR IMPLEMENTING MATTERS DECIDED DIRECTLY BY THE PEOPLE:

THE PARTY BUREAU LEADS, THE PEOPLE'S COMMITTEE OF THE VILLAGE DEVELOPS THE SCHEMES, PROGRAMS, AND PLANS. THE PEOPLE'S COMMITTEE OF THE VILLAGE COORDINATES WITH THE UNITED FRONT ORGANIZATION TO GUIDE AND ORGANIZE THE PEOPLE TO DISCUSS AND DECIDE BY ONE OF THE FOLLOWING METHODS:

1. MEETINGS OF THE PEOPLE IN EACH HAMLET, VILLAGE, AND SETTLEMENT TO DISCUSS AND VOTE OPENLY OR SECRETELY, RECORDING THE RESULTS AND SUBMITTING THEM TO THE PEOPLE'S COMMITTEE OF THE VILLAGE.

2. MEETINGS OF HOUSEHOLD HEADS TO DISCUSS AND VOTE OPENLY OR SECRETELY, RECORDING THE RESULTS AND SUBMITTING THEM TO THE PEOPLE'S COMMITTEE OF THE VILLAGE.

These meetings shall be held when at least two-thirds of the people (or households) in attendance participate.

3. In the event that a meeting cannot be held, ballots shall be distributed to solicit opinions from household heads.

If the majority of the people or household heads agree, the People's Committee of the commune shall organize the implementation with the supervision and inspection of the People's Supervision Board of the commune or the construction supervision board elected by the people. The people have the obligation to strictly comply with decisions approved by the majority. If it is determined that the decision of the majority does not conform to the law and local administrative regulations, the People's Committee of the commune shall propose that the People's Committee of the district review and make a decision.

PART IV
MATTERS DISCUSSED AND PARTICIPATED IN BY THE PEOPLE
THE PEOPLE'S ASSEMBLY, THE PEOPLE'S COMMITTEE OF THE COMMUNE SHALL DECIDE

Article 9. Matters primarily put forward for discussion or solicitation of opinions from the people before the People's Assembly and the People's Committee of the commune decide (or submit to competent authorities for decision) include:

1. Draft plans for long-term and annual socio-economic development of the commune, schemes for economic structure transformation, production structure adjustment, and industry development, as well as solutions for job creation for workers.

2. Draft plans for land use and effective management of public land funds at the local level.

3. Draft plans for residential areas and resettlement schemes, new economic zones. Plans and projects for mobilizing and utilizing contributions from the people to invest in infrastructure managed by the commune.

4. Draft proposals for delineation and adjustment of commune administrative boundaries, schemes for dividing, splitting, establishing villages, hamlets, wards, and villages.

5. Draft plans for implementing national programs on health, clean water, and environmental sanitation.

6. Policies and compensation schemes for land clearance and relocation.

7. Introduction of candidates for representatives of the People's Assembly of the commune.

8. Other matters deemed necessary by the People's Assembly and the People's Committee.

Article 10. Methods for implementing matters discussed and participated in by the people, decided upon (or submitted to competent authorities for decision) by the People's Assembly and the People's Committee.

Based on resolutions of the Party Committee and the People's Assembly of the commune, the People's Committee of the commune drafts relevant documents, plans, and proposals, and collaborates with the United Front Committee of the commune and mass organizations to openly solicit opinions through various methods:

1. Distributing questionnaires to solicit opinions from each household.

2. Holding meetings of villagers or village heads to discuss and record minutes to be sent to the People's Committee of the commune.

3. Holding meetings of mass organizations and economic groups to discuss and record minutes to be sent to the People's Committee of the commune.

4. Setting up suggestion boxes, with the People's Committee of the commune collecting and summarizing opinions.

The results of meetings and public opinion surveys must be fully and objectively reported for the People's Committee of the commune to consider and compile for submission to the People's Assembly of the commune for decision within its authority or for higher-level consideration.

CHAPTER V
MATTERS SUPERVISED AND CHECKED BY THE PEOPLE

Article 11. Matters supervised and checked by the people in the commune include:

1. Activities of the People's Assembly and the People's Committee of the commune.

2. Results of implementing resolutions of the People's Assembly and decisions of the People's Committee of the commune.

3. Activities of commune People's Assembly representatives, commune committee officials, and state civil servants working in the locality.

4. Handling of citizens' complaints and denunciations.

5. Commune budget estimates and final accounts.

6. Results of acceptance and final accounting of projects constructed with contributions from the people and programs funded directly by the state, organizations, and individuals.

7. Land management and utilization.

8. Collection and expenditure of various funds and fees as prescribed by the state, and contributions from the people.

9. Results of inspections, investigations, and resolution of cases of corruption and negative practices involving commune officials.

10. Implementation of preferential policies, care, and assistance for war invalids, families of martyrs, those who have rendered meritorious service to the country, social insurance policies, and social relief.

Article 12. METHODS FOR IMPLEMENTING CITIZEN MONITORING AND INSPECTION:

1. Citizens monitor the activities and conduct of People's Assembly representatives and members of the People's Committee. They have the right to petition, complain, and denounce actions that infringe upon the people's rights as masters, violate laws, involve corruption, and negative practices by People's Assembly representatives and members of the People's Committee.

2. Meetings of the People's Assembly of the commune invite representatives of mass organizations to attend and invite representatives of the people to listen.

3. Through organizations such as the United Front Committee, the Communist Youth Union, the Women's Union, the Farmers' Association, the Veterans' Association, and the Senior Citizens' Association.

4. Through the People's Inspection Board established and operating according to the law.

5. The People's Committee of the commune is responsible for organizing citizen reception, promptly addressing petitions, complaints, and denunciations of citizens in accordance with the law.

6. When signs of corruption, negative practices, misuse of purposes, and wastefulness in budget collection and expenditure, contributions, various funds, and land management are discovered, citizens have the right to request clarification, and the People's Assembly, the People's Committee, and direct managers must provide and explain all matters mentioned without any restrictions.

Chapter VI
CONSTRUCTION OF RURAL COMMUNITIES IN VILLAGES, HAMLETS, WARD, AND VILLAGE

Article 13. Villages, hamlets, wards, and villages are not administrative levels but are places where communities reside, where direct and extensive democracy is practiced to resolve internal community affairs, ensuring unity, maintaining social order and safety, and environmental hygiene; building a new life; mutual support and assistance in production and daily life; preserving and promoting fine traditions and customs of the community to implement Party policies and state laws effectively; fulfilling citizens' rights and obligations and superior tasks assigned.

Article 14. Village meetings are organized twice a year or irregularly, convened by all voters or household heads, coordinated by the village head in conjunction with the Mass Front Work Team and mass organizations, chaired to:

1. Discuss and decide on internal community affairs regarding production, infrastructure construction, employment generation, poverty alleviation, mutual support and assistance in production and daily life, cultural, social, environmental hygiene, security, and social order issues in compliance with state laws.

2. Discuss measures to implement the resolutions of the People's Council of the commune, decisions of the People's Committee of the commune, citizens' obligations, and tasks assigned by higher authorities.

3. Deliberate and provide opinions on reports on the results of work and self-criticism, self-examination of village chiefs, hamlet chiefs, ward chiefs, village chiefs, the Chairman of the People's Council, and the Chairman of the People's Committee of the commune.

4. Elect and remove village chiefs, hamlet chiefs, ward chiefs, village chiefs; draft village covenants, community agreements; appoint self-management groups, people's inspection committee members.

The resolution of the conference is valid when at least half of the attendees agree and it does not contravene the law;

Article 15. The village chief, hamlet chief, ward chief, village chief represents the community and the People's Committee of the commune, subject to management and direction by the People's Committee of the commune. The village chief, hamlet chief, ward chief, village chief is elected by the people and recognized by the Chairman of the People's Committee of the commune.

The village chief, hamlet chief, ward chief, village chief has duties and powers:

1. Guide, urge, organize, mobilize the people to fulfill their civic duties and rights, resolutions of the People's Council, decisions of the People's Committee, and tasks entrusted by the People's Committee of the commune.

2. Coordinate with the communal mass organization working group to chair meetings of the village, hamlet, ward, village; organize the implementation of community decisions.

3. Coordinate with economic organizations, the United Front, mass organizations, associations to guide the people in developing the economy, improving living standards, maintaining social order and safety, building infrastructure for the village, hamlet, ward, village.

4. Coordinate with the communal mass organization working group to guide the activities of mediation committees, security committees, production protection committees, construction committees.

5. Timely detect and report to the People's Committee of the commune any acts violating laws, infringing upon citizens' interests and democratic freedoms.

6. Regularly report work and conduct self-criticism, self-examination before the village, hamlet, ward, village meeting every six months.

7. Participate in training courses and receive stipends according to regulations of the provincial/municipal level.

The People's Committee of the province/municipality directly under the central government shall specify the duties, powers, term of office, and stipends of the village chief, hamlet chief, ward chief, village chief.

Article 16. The village, hamlet, ward, village shall establish village covenants, community agreements regarding internal community affairs, inheriting and promoting traditional customs, in accordance with legal provisions to eliminate outdated customs, superstitions, social evils, and build a new, prosperous, civilized countryside. Village covenants, community agreements are built by the people, proposed by the Chairman of the People's Council of the commune, and approved by the Chairman of the People's Committee of the district.

Article 17. The village, hamlet, ward, village may establish mediation committees, security committees, production protection teams, construction committees. These organizations are elected by the people and managed and directed by the village chief, hamlet chief, ward chief, village chief in coordination with the communal mass organization working group.

Chapter VII
IMPLEMENTING PROVISIONS

Article 18. All levels and sectors have the responsibility to build clean, strong, effective grassroots administration. Overcome manifestations of bureaucracy, lack of responsibility, loss of democracy in handling matters.

Article 19. Continuously pay attention to building a cadre team at the grassroots level. Develop plans to train and educate about cultural level, professional skills, political theory, and work methods to meet the requirements of the new revolutionary stage.

Article 20. Cadres at all levels of the administration and the people have the obligation to strictly comply with the provisions of this Regulation.

Article 21. Provinces, municipalities directly under the central government, districts, towns, cities under provinces must organize pilot implementation and expand implementation firmly.

Article 22. Chairmen of People's Committees at all levels are responsible for directing the implementation of this Regulation. Every quarter, the Chairman of the People's Committee of the lower level reports the results of implementation to the Chairman of the People's Committee of the higher level, and every six months, the Chairman of the People's Committee of the province/municipality directly under the central government reports to the Government (through the Government Organizational Affairs - Civil Service Department) the results of implementation of this Regulation.

Article 23. The Government Organizational Affairs - Civil Service Department is responsible for directing, guiding, and supervising the implementation of this Regulation. The Ministry of Finance is responsible for directing and guiding subordinate agencies to inspect financial matters and budget revenues and expenditures of communes, and to train commune finance officials in professional skills. The State Inspectorate is responsible for guiding inspection and supervision work at the commune level, training, and guiding the people's inspection committees at the commune level. The Ministry of Justice and the Ministry of Culture, Sports and Tourism are responsible for guiding the establishment of village covenants and community agreements for villages, hamlets, wards, villages.

Article 24. Request the Central Committee of the Vietnam Fatherland Front, mass organizations to direct, guide, and supervise subordinate levels to effectively perform the tasks specified in this Regulation.

Article 25. During the implementation of this Regulation, individuals and organizations with achievements will be rewarded; those who violate will be dealt with according to current laws./.