Ordinance No. 34/2007/PL-UBTVQH11 on Implementing Democracy at Communes, Wards, and Towns

ORDINANCE

Implementation of democracy at commune, ward, town level

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth Session of the Tenth National Assembly;

This Ordinance stipulates the implementation of democracy at commune, ward, town level.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the contents that must be made public for the people to know; the contents that the people discuss and decide; the contents that the people provide opinions before the competent authority decides; the contents that the people supervise; the responsibilities of the commune-level authorities, commune-level cadres and civil servants (hereinafter referred to as commune-level), village-level cadres, the people's groups, neighborhood associations, street blocks, and community blocks (hereinafter referred to as neighborhood associations), relevant agencies, organizations, and individuals, and the people in implementing democracy at the commune level.

Article 2. Principles of implementing democracy at the commune level

1. Ensuring order and discipline within the framework of the Constitution and laws.

2. Ensuring the people's right to know, participate in opinions, decide, implement, and supervise the implementation of democracy at the commune level.

3. Protecting the interests of the State, the rights and legitimate interests of organizations and individuals.

4. Transparency in the process of implementing democracy at the commune level.

5. Ensuring the leadership of the Party and the management of the State.

Article 3. Responsibilities for organizing the implementation of democracy at the commune level

1. Within their respective tasks and powers, the People's Council, People's Committee at the commune level, and related agencies, organizations, and individuals have the responsibility to organize the implementation of democracy at the commune level.

2. The People's Council and People's Committee at the commune level have the responsibility to coordinate with the Vietnam Fatherland Front Committee and its member organizations at the same level in organizing the implementation of democracy at the commune level.

3. The Vietnam Fatherland Front Committee and its member organizations at the commune level have the responsibility to supervise the implementation and participate in propaganda and mobilization of the people to implement democracy at the commune level.

Article 8. Prohibited acts

1. Not implementing or violating regulations on implementing democracy at the commune level.

2. Harassing persons who lodge complaints, reports, or proposals related to the implementation of democracy at the commune level.

3. Shielding, obstructing, or failing to fulfill responsibilities in handling complaints, reports, or proposals related to the implementation of democracy at the commune level.

4. Exploiting the implementation of democracy at the commune level to infringe upon national security, social order, and safety; infringing upon the interests of the State, the rights and legitimate interests of organizations and individuals.

Chapter II

CONTENTS TO BE MADE PUBLIC FOR THE PEOPLE TO KNOW

Article 5. Contents to be made public

1. Plans for socio-economic development, plans for economic structure adjustment, and annual budget estimates and final accounts of the commune level.

2. Investment projects and construction works, their priority order, progress schedule, compensation and support plans for land clearance and resettlement related to projects and works within the commune area; detailed land use plans and adjustment plans, residential area planning within the commune area.

3. Tasks and powers of commune-level cadres and civil servants directly handling people's affairs.

4. Management and use of various types of funds, investments, and sponsorships under programs and projects for the commune level; amounts raised from people's contributions.

5. Policies and plans for loans to people for production development, poverty alleviation, and reduction; methods and results of assessing poor households eligible for production development loans, social assistance, construction of charity houses, and issuance of health insurance cards.

6. Proposals for establishing new administrative units, merging, dividing administrative units, and adjusting administrative boundaries directly related to the commune level.

7. Results of inspections, investigations, and resolution of negative cases and corruption involving commune-level cadres and civil servants, village-level cadres, and neighborhood association cadres; results of confidence votes for the Chairman and Vice Chairmen of the People's Council, and the Chairman and Vice Chairmen of the People's Committee at the commune level.

8. Contents and results of adopting people's opinions on issues within the competence of the commune level that the commune-level authorities put forward for public opinion according to Article 19 of this Ordinance.

9. Objects and rates of fees, charges, and other financial obligations collected directly by the commune-level authorities.

10. Legal provisions on administrative procedures for handling matters related to the people directly implemented by the commune-level authorities.

11. Other contents as prescribed by law, as required by competent state agencies, or deemed necessary by the commune-level authorities.

Article 6. Forms of Public Disclosure

1. The contents prescribed in Article 5 of this Ordinance shall be disclosed through the following forms:

a) Publicly posting at the offices of the People's Councils and People's Committees at the commune level;

b) Disclosing on the commune-level public address system;

c) Disclosing through the Village Chiefs and Ward Chiefs to inform the people.

2. The commune-level authorities may simultaneously apply multiple forms of disclosure prescribed in Clause 1 of this Article; they shall provide information in accordance with the provisions of Article 32 of the Law on Prevention and Combating Corruption.

Article 7. Public Disclosure by Posting

1. The contents prescribed in Clauses 2, 3, 9, and 10 of Article 5 of this Ordinance must be publicly posted at the offices of the People's Councils and People's Committees at the commune level.

2. The commune-level authorities are responsible for posting the contents prescribed in Clause 1 of this Article no later than two days from the date the document is adopted and signed into force for matters within the decision-making authority of the commune-level authorities, or from the date of receipt of the document for matters within the decision-making authority of higher state agencies.

3. The posting period for the contents prescribed in Clauses 2 and 9 of Article 5 of this Ordinance shall be at least thirty consecutive days from the date of posting; the contents prescribed in Clauses 3 and 10 of Article 5 of this Ordinance shall be posted regularly.

Article 8. Public Disclosure on the Public Address System and Through Village Chiefs and Ward Chiefs to Inform the People

1. The contents prescribed in Clauses 1, 4, 5, 6, 7, 8, and 11 of Article 5 of this Ordinance shall be disclosed on the commune-level public address system or sent to the Village Chiefs and Ward Chiefs to inform the people.

2. The commune-level authorities are responsible for disclosing the contents prescribed in Clause 1 of this Article no later than two days from the date the document is adopted and signed into force for matters within the decision-making authority of the commune-level authorities, or from the date of receipt of the document for matters within the decision-making authority of higher state agencies.

3. In cases where the contents are disclosed on the commune-level public address system, the disclosure period shall be three consecutive days.

Article 9. Responsibilities for Organizing Implementation of Public Disclosure Contents

1. The People's Committee at the commune level is responsible for drafting and adopting plans to implement public disclosure contents, specifying the methods of implementation, timeframes, and responsibilities for organizing implementation.

2. The Chairman of the People's Committee at the commune level is responsible for organizing implementation and directing the execution of approved plans and schemes.

3. The People's Committee at the commune level shall report to the same-level People's Council on the progress and results of implementing public disclosure contents at the nearest session of the People's Council.

Chapter III

CONTENTS DISCUSSED AND DECIDED BY THE PEOPLE

Section 1

CONTENTS, FORMS DISCUSSED AND

DIRECTLY DECIDED BY THE PEOPLE

Article 10. Contents Discussed and Directly Decided by the People

The people discuss and directly decide on policies and contribution levels for building infrastructure and public welfare facilities within the commune, village, or ward, funded entirely or partially by the people, and other internal community affairs, in compliance with the law.

Article 11. Forms of direct discussion and decision-making by the people

1. The people shall directly discuss and decide on the contents stipulated in Article 10 of this Ordinance through one of the following forms:

a) Organizing meetings of voters or representatives of household voters within each village or residential ward.

b) Distributing ballots to voters or household representative voters.

2. In cases where meetings of voters or representatives of household voters are organized, voting shall be conducted through raising hands or secret ballot; the form of voting shall be decided by the meeting; if the number of those in favor does not reach more than 50% of the total number of voters or representatives of household voters in the village or residential ward or at the commune level, then another meeting shall be organized.

3. In cases where another meeting cannot be organized, ballots shall be distributed to voters or representatives of household voters to collect their opinions.

Article 12. Effectiveness of Direct Discussion and Decision-Making by the People

1. Contents stipulated in Article 10 of this Ordinance, when put forward for direct discussion and decision-making by the people, shall have effectiveness if more than 50% of the total number of voters or representatives of household voters in the village or residential ward or at the commune level agree.

2. The people have the responsibility to participate in discussing and deciding on matters of the village, residential ward, and commune as prescribed by law; they must comply with and implement decisions that have been made effective.

3. The commune-level authority shall coordinate with the Vietnam Fatherland Front Committee and its affiliated organizations at the same level to organize propaganda, mobilization, and persuasion of voters or households who have not agreed with the implementation of decisions that have been made effective.

Section 2

CONTENTS AND FORMS OF DISCUSSION AND VOTING BY THE PEOPLE FOR AUTHORITIES TO DECIDE

WITH COMPETENT AUTHORITY TO DECIDE

Article 13. Contents of Discussion and Voting by the People

1. Village and residential ward conventions and regulations.

2. Election, removal from office, and dismissal of the Village Head or Ward Chief.

3. Election and dismissal of members of the People's Inspection Board and Community Investment Supervision Board.

Article 14. Forms of Discussion and Voting by the People

1. The people shall discuss and vote on the contents stipulated in Article 13 of this Ordinance through one of the following forms:

a) Organizing meetings of voters or representatives of household voters within each village or residential ward.

b) Distributing ballots to voters or household representative voters.

2. In cases where meetings of voters or representatives of household voters are organized, voting shall be conducted through raising hands or secret ballot; the form of voting shall be decided by the meeting; if the number of those in favor does not reach more than 50% of the total number of voters or representatives of household voters in the village or residential ward, then another meeting shall be organized.

3. In cases where another meeting cannot be organized, ballots shall be distributed to voters or representatives of household voters to collect their opinions, except for the election, removal from office, and dismissal of the Village Head or Ward Chief.

Article 15. Effectiveness of Matters Discussed and Voted Upon by the People

1. For the contents stipulated in Clause 1 of Article 13 of this Ordinance, if more than 50% of the total number of voters or representatives of household voters in the village or residential ward agree, it shall take effect after the People's Committee of the district, town, city under province (hereinafter referred to collectively as the district level) issues a decision recognizing it.

2. For the contents stipulated in Clause 2 of Article 13 of this Ordinance, if more than 50% of the total number of voters or representatives of household voters in the village or residential ward agree, it shall take effect after the People's Committee of the commune issues a decision recognizing it.

3. For the contents stipulated in Clause 3 of Article 13 of this Ordinance, if more than 50% of the total number of voters or representatives of household voters agree, it shall take effect after being recognized by the Vietnam Fatherland Front Committee at the commune level.

Article 16. Recognition of Content Discussed and Decided by the People

1. The recognition of village regulations and community agreements shall be carried out as follows:

a) The Village Head or Ward Chief shall report immediately to the Commune People's Committee on the results of the people's discussion and voting.

b) Within three working days from the date of receiving the report from the Village Head or Ward Chief, the Commune People's Committee must prepare a dossier to submit to the District People's Committee.

c) Within seven working days from the date of receiving the submission dossier from the Commune People's Committee, the District People's Committee must examine and issue a decision to recognize; if not recognizing, it must reply in writing and specify the reasons.

2. The recognition of election, appointment, and removal results for Village Heads and Ward Chiefs shall be carried out as follows:

a) The person in charge of the meeting shall record the minutes and report immediately to the Commune People's Committee on the results of the election, appointment, and removal of Village Heads and Ward Chiefs.

b) Within five working days from the date of receiving the report, the Commune People's Committee must examine and issue a decision to recognize; if not recognizing, it must reply in writing and specify the reasons.

3. The recognition of election and removal results for members of the People's Inspectorate Board and Community Investment Supervision Board shall be carried out as follows:

a) The person in charge of the meeting shall report immediately to the Vietnam Fatherland Front Committee at the commune level on the results of the election and removal of members of the People's Inspectorate Board and Community Investment Supervision Board.

b) Within five working days from the date of receiving the report, the Vietnam Fatherland Front Committee at the commune level must examine and recognize; if not recognizing, it must reply in writing and specify the reasons.

Section 3

RESPONSIBILITY FOR IMPLEMENTING CONTENT DISCUSSED AND DECIDED BY THE PEOPLE

THE PEOPLE DELIBERATE AND RESOLVE

Article 17. Responsibilities of the Commune People's Committee and Chairman of the Commune People's Committee

1. The Commune People's Committee shall establish and approve plans to implement the content discussed and decided by the people; coordinate with the Vietnam Fatherland Front Committee and other political-social organizations at the same level to organize implementation; direct the Village Heads and Ward Chiefs to implement the approved plan.

2. The Chairman of the Commune People's Committee shall be responsible for recording the minutes summarizing the results of the content put forward for discussion and decision by all people at the commune level; organize the implementation of the content decided by the people; coordinate with the Vietnam Fatherland Front Committee at the commune level to organize the election, appointment, and removal of Village Heads and Ward Chiefs.

3. The Commune People's Committee shall report to the People's Council at the same level about the process and results of implementing the content discussed and decided by the people at the nearest session of the People's Council.

Article 18. Responsibilities of the Village Head and Ward Chief

1. Chair and coordinate with the Mass Work Team in the village or ward to organize meetings of voters or representatives of households, distribute ballots to collect voter opinions or household representative opinions to enable the people to implement the provisions set forth in Article 10, Clause 1 and Clause 3 of this Ordinance.

2. Record the minutes on the results of the village or ward people's discussion and direct decision-making on village or ward matters.

3. Record the minutes on the results of the village or ward people's discussion and direct decision-making on matters within the commune's jurisdiction; report the results to the Chairman of the Commune People's Committee.

Organize the implementation of village or ward matters that have been decided by the people.

Chapter IV

CONTENTS OF THE PEOPLE'S PARTICIPATION IN OPINION BEFORE AUTHORITIES MAKE DECISIONS

AUTHORITY WITH DECISION-MAKING POWER

Article 19. Contents for People's Participation in Opinions

1. Draft socio-economic development plans at the commune level; economic structure transformation schemes, production structure schemes; settlement schemes, new economic zones, and industry development schemes at the commune level.

2. Draft detailed land use planning schemes and adjustment plans; management and utilization of communal land funds.

3. Draft implementation plans for programs and projects on the commune territory; master plans, compensation and support schemes for land clearance, infrastructure construction, and resettlement; residential area planning schemes.

4. Draft proposals for establishing new administrative units, merging, dividing administrative units, and adjusting administrative boundaries directly related to the commune.

5. Other contents requiring people's opinions according to legal provisions, requests from competent state agencies, or deemed necessary by the commune authority.

Article 20. Forms for People's Participation in Opinions

1. Holding meetings with voters or household representatives within each village or neighborhood.

2. Distributing ballots to collect voter or household representative opinions.

3. Through suggestion boxes.

Article 21. Responsibilities of Commune Authorities in Organizing Implementation of People's Participation in Opinions

1. The Commune People's Committee is responsible for drafting and approving plans to solicit public opinions on matters within its decision-making authority, specifying methods of implementation, timeframes, and responsibilities for organizing such activities.

2. The Commune People's Committee coordinates with the Vietnam Fatherland Front Committee and other political-social organizations at the same level to implement approved plans.

3. The Chairman of the Commune People's Committee is responsible for directing opinion solicitation activities, compiling voter or household representative opinions, studying and adopting opinions, and informing the public about the adoption of voter or household representative opinions.

In cases where the commune authority decides on contents stipulated in Article 19 of this Ordinance contrary to the majority opinion, it must clearly state reasons and bear responsibility for its decisions.

4. For contents assigned by competent authorities to be solicited from the public, the Commune People's Committee is responsible for drafting and approving implementation plans, specifying methods of implementation, timeframes, and responsibilities for organizing such activities; directing implementation, compiling opinions, and reporting results of public opinion solicitation to the competent authority.

5. The Commune People's Committee reports to the same-level People's Council on the process and results of implementing public opinion solicitation contents at the most recent session of the People's Council.

Article 22. Responsibilities of Higher-Level Competent Authorities in Organizing Implementation of Public Opinion Solicitation at the Commune Level

1. Solicit public opinions before making decisions directly affecting citizens' rights and interests in the commune.

2. Direct the Commune People's Committee to organize public opinion solicitation in the commune.

3. Provide necessary materials for organizing public opinion solicitation.

4. Adopt public opinions on solicited contents. In cases where competent authorities decide on contents stipulated in Article 19 of this Ordinance contrary to the majority opinion, they must clearly state reasons and bear responsibility for their decisions.

Chapter V

CONTENTS FOR PUBLIC SUPERVISION

Article 23. Contents subject to people's supervision

The people supervise the implementation of the contents prescribed in Articles 5, 10, 13, and 19 of this Ordinance.

Article 24. Forms for implementing people's supervision

1. The people carry out supervision through the activities of the People's Inspection Board and the Community Investment Supervision Board.

The procedures and processes of the People's Inspection Board and the Community Investment Supervision Board shall be implemented in accordance with the provisions of the law.

2. The people directly carry out supervision through their right to complain, report, and make suggestions to competent authorities or organizations, or through the Vietnam Fatherland Front Committee, member organizations at the commune level, the People's Inspection Board, and the Community Investment Supervision Board.

The procedures and processes for complaints, denunciations, and recommendations by the public shall be carried out according to the law.

Article 25. Responsibilities of agencies, organizations, and individuals in implementing people's supervision

Within the scope of their tasks and powers, agencies, organizations, and individuals have the following responsibilities:

1. To provide complete and timely information and documents necessary for the People's Inspection Board and the Community Investment Supervision Board;

2. To consider, resolve, and promptly respond to citizens' complaints, reports, and suggestions, as well as those from the People's Inspection Board, the Community Investment Supervision Board, the Vietnam Fatherland Front Committee, and member organizations at the commune level, or to report to competent authorities about issues not within their jurisdiction;

3. To handle persons obstructing the activities of the People's Inspection Board and the Community Investment Supervision Board, or retaliating against citizens who complain, report, or suggest, in accordance with the provisions of the law.

Article 26. Confidence Polls

1. Every two years during each term of the Commune People's Council, the Standing Committee of the Vietnam Fatherland Front Committee at the same level organizes confidence polls for the Chairperson, Vice-Chairpersons of the Commune People's Council, and the Chairperson, Vice-Chairpersons of the Commune People's Committee.

2. Participants in the confidence poll include members of the Vietnam Fatherland Front Committee, members of the Standing Committees of political and social organizations at the commune level, Heads of the People's Inspection Board, Heads of the Community Investment Supervision Board (if any), Secretaries of village branches, Village Chiefs, Ward Group Leaders, and Heads of the Mass Mobilization Work Board in villages and wards.

3. The Standing Committee of the Vietnam Fatherland Front Committee at the commune level sends the results of the confidence poll and its recommendations to the same-level People's Council and relevant competent authorities.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Ordinance takes effect from July 1, 2007.

2. Decree No. 79/2003/NĐ-CP dated July 7, 2003 of the Government promulgating the Rules on Implementing Democracy at the Commune Level ceases to be effective from the date this Ordinance takes effect.

Article 28. Guidance on Implementation

The Government and the Central Committee of the Vietnam Fatherland Front, within the scope of their tasks and powers, shall guide the contents prescribed in Articles 11, 14, 16, 22, and 26 of this Ordinance.