Joint Resolution No. 403/2017/NQLT-UBTVQH14-CP-ĐCTUBTWMTTQVN detailing the forms of social supervision and social criticism by the Vietnam Fatherland Front

JOINT RESOLUTION

Detailed regulations on forms of social supervision and social criticism of the Vietnam Fatherland Front

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On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 27 and Article 34 of the Law on the Vietnam Fatherland Front No. 75/2015/QH13;

The Standing Committee of the National Assembly, the Government, and the Central Steering Committee of the Vietnam Fatherland Front issue this Joint Resolution detailing the forms of social supervision and social criticism of the Vietnam Fatherland Front.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Resolution details the forms of social supervision and social criticism of the Vietnam Fatherland Front.

Article 2. Basis for organizing social supervision and social criticism

1. Basis for organizing social supervision:

a) Annual program of coordination and unified action of the Vietnam Fatherland Front Committees at all levels;

b) Program of coordinated supervision between the Vietnam Fatherland Front Committee and member organizations of the Vietnam Fatherland Front and state agencies at the same level;

c) Suggestions from member organizations of the Vietnam Fatherland Front;

d) Petitions, complaints, reports, and suggestions from individuals and organizations received by the Vietnam Fatherland Front Committee;

đ) Information reflected in mass media.

2. Basis for organizing social criticism:

a) Annual program of coordination and unified action of the Vietnam Fatherland Front Committees at all levels;

b) Annual program and plan for drafting normative legal documents; draft planning, plans, programs, projects, and proposals (hereinafter referred to collectively as draft documents) of state agencies at the same level directly related to the legitimate rights and interests of the people, members, and affiliates of member organizations, and the responsibilities of the Vietnam Fatherland Front Committee;

c) Suggestions from member organizations of the Vietnam Fatherland Front;

d) Requests from state agencies at the same level with draft documents.

Article 3. Building plans for social supervision and social criticism

1. Based on the provisions of Article 2 of this Resolution, annually, the Vietnam Fatherland Front Committee shall take the lead in negotiating with political and social organizations at the same level to select issues of concern and distress to the people and determine appropriate forms of social supervision and social criticism to build plans for social supervision and social criticism.

2. For matters involving the rights and responsibilities of member organizations of the Vietnam Fatherland Front, the Vietnam Fatherland Front Committee shall invite representatives of these organizations to participate in building plans for social supervision and social criticism.

3. In the fourth quarter of each year, the Vietnam Fatherland Front Central Committee's plan for social supervision and social criticism for the following year shall be developed and issued based on exchanges and consensus with the Standing Committee of the National Assembly and the Government; the provincial-level Vietnam Fatherland Front Committee's plan for social supervision and social criticism for the following year shall be developed and issued based on exchanges and consensus with the Delegation of the National Assembly, People's Council, and People's Committee at the same level; the district and commune-level Vietnam Fatherland Front Committee's plan for social supervision and social criticism for the following year shall be developed and issued based on exchanges and consensus with the People's Council and People's Committee at the same level regarding content, fields, areas, and time of implementation.

4. Plans for social supervision and social criticism must specify content, form, time, subject conducting, and object being supervised and criticized.

5. Plans for social supervision and social criticism may be adjusted and supplemented regarding content, field, area, and time of implementation in accordance with actual requirements and situations or when urgent issues arise and based on exchanges and consensus with relevant parties.

6. Activities of social supervision and social criticism of the Vietnam Fatherland Front shall be carried out in accordance with the principles stipulated in Clause 3 of Article 25 and Clause 3 of Article 32 of the Law on the Vietnam Fatherland Front No. 75/2015/QH13.

Chapter II

FORMS OF SOCIAL SUPERVISION

Section 1

STUDYING AND REVIEWING DOCUMENTS FROM AUTHORITIES RELATED TO THE LEGITIMATE RIGHTS AND INTERESTS OF THE PEOPLE

Article 4. Documents to be studied and reviewed

The Vietnam Fatherland Front Committee shall take the lead or propose political-social organizations at the same level to take the lead in studying and reviewing documents implementing policies and laws of competent authorities related to the rights and legitimate interests of the people.

Article 5. Procedures for studying and reviewing documents

1. The Vietnam Fatherland Front Committee and political-social organizations at all levels shall take the lead in studying and reviewing documents issued by competent authorities; where necessary, organize meetings or send documents to seek advisory opinions from experts and scientists.

2. The organization of meetings to study and review documents shall be carried out in the following sequence:

a) Representatives of the leadership of the Vietnam Fatherland Front Committee and political-social organizations present their research opinions on the documents;

b) Representatives of agencies and organizations issuing the monitored documents present their opinions;

c) Representatives of invited individuals and organizations participating in the meeting express their opinions;

d) Representatives of the Vietnam Fatherland Front Committee and leaders of political-social organizations chairing the meeting conclude the discussion.

3. Sending documents to seek advisory opinions from experts and scientists shall be carried out in the following sequence:

a) The Vietnam Fatherland Front Committee and political-social organizations send the monitored documents to experts and scientists in relevant fields concerning the content of the monitored documents;

b) The Vietnam Fatherland Front Committee and political-social organizations collect, compile opinions and build a document with recommendations regarding the content of the monitored documents.

Section 2

ORGANIZATION OF MONITORING DELEGATIONS

Article 6. Plan for organizing monitoring delegations

1. The Vietnam Fatherland Front Committee shall take the lead in drafting plans for organizing monitoring delegations at its own level; political-social organizations shall draft plans for organizing monitoring delegations according to the proposal of the Vietnam Fatherland Front Committee at the same level.

2. The plan for organizing monitoring delegations includes the following contents:

a) Objectives and requirements for monitoring;

b) Monitoring subjects, content, and scope;

c) Composition of the monitoring delegation;

d) Time and location of monitoring;

đ) Assignment of responsibilities among members of the monitoring delegation;

e) Conditions to ensure.

3. Based on the monitoring subjects, content, and scope, the Vietnam Fatherland Front Committee and political-social organizations leading the monitoring shall decide on inviting representatives of relevant agencies and organizations to participate in the monitoring delegation.

Article 7. Issuance and announcement of decisions to establish monitoring delegations

1. Based on the plan for organizing monitoring delegations, the Vietnam Fatherland Front Committee or the political-social organization leading the monitoring shall issue a decision to establish a monitoring delegation.

2. The head of the monitoring delegation shall notify the plan; organize the collection and research of information related to the monitoring content; send reports from agencies, organizations, and individuals being monitored, and related materials to members of the monitoring delegation for research.

3. The monitoring plan, decision to establish the monitoring delegation, and reporting requirements shall be sent to agencies, organizations, and individuals being monitored no later than 15 days before the monitoring delegation works with those agencies and organizations. No later than 7 days before the monitoring delegation works, agencies, organizations, and individuals being monitored must send their reports and related materials to the monitoring delegation.

Article 8. Supervision Procedure

1. The supervision delegation of the Vietnam Fatherland Front Committee, political-social organizations shall work with agencies, organizations, and individuals under supervision according to the following procedure:

a) The head of the supervision delegation announces the plan, decision on establishing the supervision delegation; states the purpose, requirements, content, method, and program of work of the supervision delegation;

b) The head or deputy head of the agency, organization, or individual under supervision reports on the contents as requested by the supervision delegation;

c) Members of the supervision delegation express their opinions and may request the agency, organization, or individual under supervision to provide additional information, documents related to clarify the supervision content;

d) A representative of the agency, organization, or individual under supervision supplements the report, clarifies the opinions of the supervision delegation members, and proposes recommendations to the supervision delegation (if any);

đ) The head of the supervision delegation concludes.

2. When necessary, the supervision delegation conducts on-site surveys at relevant agencies and organizations; the head of such agencies and organizations has the responsibility to create conditions for the supervision delegation to perform its tasks.

Article 9. Reporting on Supervision Results and Recommendations After Supervision

1. Within the latest 15 days from the end date of the working session with the agency, organization, or individual under supervision, the head of the supervision delegation shall submit a report on the supervision results to the Vietnam Fatherland Front Committee, political-social organizations leading the supervision.

2. When necessary, the Vietnam Fatherland Front Committee, political-social organizations leading the supervision organize meetings or seminars to review the report of the supervision delegation.

3. Based on the supervision results, the Vietnam Fatherland Front Committee, political-social organizations leading the supervision conclude on the supervision content and issue recommendation documents sent to the agency, organization, or individual under supervision, competent agencies, organizations, and individuals, while sending them to the Vietnam Fatherland Front Committee, political-social organizations of the higher level.

Section 3

SUPERVISION THROUGH THE ACTIVITIES OF THE PEOPLE'S AUDIT BOARD AND THE COMMUNITY INVESTMENT MONITORING BOARD

Article 10. Supervision by the People's Audit Board and the Community Investment Monitoring Board

1. The Vietnam Fatherland Front Committee at the commune level guides the organization and directly directs the activities of the People's Audit Board.

2. The Vietnam Fatherland Front Committee at the commune level establishes plans for community investment supervision annually for programs and projects within its jurisdiction and forms a Community Investment Monitoring Board for each program and project.

3. The content of supervision by the People's Audit Board and the Community Investment Monitoring Board is carried out according to Law on Inspection No. 56/2010/QH12 and Law on Public Investment No. 49/2014/QH13.

Article 11. Organization of Supervision Through the Activities of the People's Audit Board and the Community Investment Monitoring Board

1. The Vietnam Fatherland Front Committee at the commune level organizes supervision through the People's Audit Board:

a) Directs the People's Audit Board to build a supervision program and plan. The supervision program and plan of the People's Audit Board are publicly disclosed via the communication system or posted publicly at the commune-level People's Committee office;

b) The People's Audit Board has the responsibility to report to the Vietnam Fatherland Front Committee at the commune level on the supervision plan; send recommendations to competent agencies, organizations, and individuals during the supervision process.

In case recommendations are not considered or resolved by competent agencies or organizations, or are not fully implemented, the People's Audit Board will recommend the Vietnam Fatherland Front Committee at the commune level to consider and send recommendations to competent agencies, organizations, and individuals for resolution;

c) Regularly listen to reports on the activities of the People's Audit Board; confirm documents reflecting, minutes, and recommendations of the People's Audit Board before sending them to competent agencies, organizations, and individuals; consider, resolve, and urge the resolution of the People's Audit Board recommendations;

d) Encourage local people to support, cooperate, and participate in the activities of the People's Audit Board.

2. The Vietnam Fatherland Front Committee at the commune level organizes supervision through the Community Investment Monitoring Board:

a) Guide the Community Investment Monitoring Board to build a supervision program and plan for community investment for programs and projects within its jurisdiction based on exchanges and consensus with the People's Council and People's Committee at the same level;

b) Receive opinions, recommendations, and reflections from the Community Investment Monitoring Board; confirm reflection and recommendation documents of the Community Investment Monitoring Board before sending them to competent agencies and organizations;

c) Support the Community Investment Monitoring Board in providing information, compiling, and submitting community investment supervision reports to relevant agencies and organizations when necessary;

d) Consider, resolve, and urge the resolution of the Community Investment Monitoring Board recommendations;

đ) Encourage local people to support, cooperate, and participate in the activities of the Community Investment Monitoring Board.

Section 4

PARTICIPATION IN SUPERVISION WITH COMPETENT AUTHORITIES

Article 12. Participation in supervision with competent authorities

1. When invited to participate in supervision by competent authorities, the Vietnam Fatherland Front Committee and social-political organizations shall send representatives to participate.

2. During the participation in supervision, representatives of the Vietnam Fatherland Front Committee and social-political organizations shall be responsible for participating in building and implementing the supervision program, plan, and content; studying reports from supervised agencies, organizations, and individuals; expressing opinions on the supervision content; and participating in building and perfecting the report on the supervision results.

Article 13. Recommendations when participating in supervision with competent authorities

1. During the supervision process, if violations or signs of violations of laws are discovered, representatives of the Vietnam Fatherland Front Committee and social-political organizations shall be responsible for proposing the supervision team to recommend that competent authorities take timely measures to address the issues.

2. In cases where violations or inconsistencies with policies and laws are found but the supervising agency does not make recommendations, representatives of the Vietnam Fatherland Front Committee and social-political organizations participating in the supervision team shall be responsible for reporting to their leadership to consider and make recommendations according to the law.

Chapter III

FORMS OF SOCIAL FEEDBACK

Section 1

ORGANIZATION OF SOCIAL FEEDBACK MEETINGS

Article 14. Composition of social feedback meetings

1. The composition of social feedback meetings organized by the Central Vietnam Fatherland Front Committee includes:

a) Representatives of the Standing Board of the Central Vietnam Fatherland Front Committee chairing the meeting; representatives of central agencies of social-political organizations; members of advisory councils of the Central Vietnam Fatherland Front Committee; experts and scientists in fields related to the content of the draft document being socially fed back;

b) Representatives of the agencies and organizations drafting the document being socially fed back;

c) Representatives of other relevant agencies and organizations.

2. The composition of social feedback meetings organized by the Vietnam Fatherland Front Committee at the local level includes:

a) Representatives of the Standing Board of the Vietnam Fatherland Front Committee organizing the social feedback meeting chairing the meeting; representatives of social-political organizations; members of advisory boards (at provincial level), advisory teams (at district level), advisory groups (at commune level); experts and scientists in fields related to the content of the draft document being socially fed back;

b) Representatives of the agencies and organizations drafting the document being socially fed back;

c) Representatives of other relevant agencies and organizations.

3. The composition of social feedback meetings organized by social-political organizations upon the request of the Vietnam Fatherland Front Committee at the same level includes:

a) Representatives of the leadership of the social-political organization chairing the meeting; representatives of the leadership of the Vietnam Fatherland Front Committee; experts and scientists in fields related to the content of the draft document being socially fed back;

b) Representatives of the agencies and organizations drafting the document being socially fed back;

c) Representatives of other relevant agencies and organizations.

Article 15. Procedures for organizing social feedback meetings

1. Representatives of the leadership of the Vietnam Fatherland Front Committee and social-political organizations shall chair the social feedback meeting.

2. Representatives of the leadership of the agency or organization drafting the document being socially fed back shall present the main contents of the draft document.

3. Representatives of the leadership of the Vietnam Fatherland Front Committee and social-political organizations shall guide the focus of the social feedback.

4. Delegates attending the meeting shall discuss the content of the draft document being socially fed back.

5. Representatives of the agency or organization drafting the document being socially fed back shall provide additional information or clarify issues related to the content being socially fed back.

6. Representatives of the leadership of the Vietnam Fatherland Front Committee and social-political organizations shall conclude the meeting.

7. Based on the results of the social feedback meeting, the Vietnam Fatherland Front Committee and social-political organizations shall prepare a social feedback document to send to the agency or organization drafting the document being socially fed back.

Section 2

SUBMISSION OF DRAFT DOCUMENTS FOR SOCIAL FEEDBACK TO RELEVANT AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS FOR THEIR OPINIONS

Article 16. Organization of research on legal documents

The Vietnam Fatherland Front Committee, political-social organizations shall organize the research or send draft legal documents for social review to agencies, organizations, experts, scientists, practical activists, religious dignitaries, outstanding individuals within the Vietnam Fatherland Front system or entities directly affected by the legal documents subject to social review to collect opinions.

Article 17. Collection and synthesis of social review opinions

1. The Vietnam Fatherland Front Committee, political-social organizations primarily responsible for social review shall be responsible for collecting and synthesizing contributions and suggestions for the social review of legal documents.

2. In cases where necessary, the Vietnam Fatherland Front Committee, political-social organizations may request the agency or organization primarily responsible for drafting the legal document subject to social review to provide explanations in writing or through meetings regarding the contents of the social review.

3. The social review document of the Vietnam Fatherland Front Committee, political-social organizations shall be sent to the agency or organization primarily responsible for drafting the legal document subject to social review.

Section 3

ORGANIZATION OF DIRECT DIALOGUE BETWEEN THE VIETNAM FATHERLAND FRONT AND AGENCIES, ORGANIZATIONS WITH LEGAL DOCUMENTS SUBJECT TO SOCIAL REVIEW

Article 18. Composition of dialogue conference

1. The composition of the dialogue conference organized by the Central Vietnam Fatherland Front Committee includes:

a) Representatives of the Standing Board of the Central Vietnam Fatherland Front Committee chairing the conference; representatives of central agencies of political-social organizations; members of the Advisory Council of the Central Vietnam Fatherland Front Committee, experts, and scientists in fields related to the content of the draft legal document subject to social review;

b) Representatives of the agencies and organizations drafting the document being socially fed back;

c) In cases where necessary, the agency or organization authorized to issue the legal document subject to social review may send representatives to attend the dialogue conference.

2. The composition of the dialogue conference organized by the Vietnam Fatherland Front Committee at the local level includes:

a) Representatives of the Standing Board of the Vietnam Fatherland Front Committee at the organizational level chairing the conference; representatives of political-social organizations; members of the Advisory Council (at provincial level), Advisory Board (at district level), Advisory Team (at commune level), experts, and scientists in fields related to the content of the draft legal document subject to social review;

b) Representatives of the agencies and organizations drafting the document being socially fed back;

c) In cases where necessary, the agency or organization authorized to issue the legal document subject to social review may send representatives to attend the dialogue conference.

3. The composition of the dialogue conference organized by political-social organizations upon the proposal of the Vietnam Fatherland Front Committee at the same level includes:

a) Representatives of the leadership of political-social organizations chairing the conference; representatives of the Standing Board of the Vietnam Fatherland Front Committee at the same level; experts, and scientists in fields related to the content of the draft legal document subject to social review;

b) Representatives of the agencies and organizations drafting the document being socially fed back;

c) In cases where necessary, the agency or organization authorized to issue the legal document subject to social review may send representatives to attend the dialogue conference.

Article 19. Procedure for dialogue conference

1. Representatives of the Vietnam Fatherland Front Committee, political-social organizations chairing the dialogue conference shall clearly state the necessity, significance, and purpose of the social review of the draft legal document subject to social review.

2. Representatives of the agency or organization primarily responsible for drafting the legal document subject to social review shall present the main contents of the draft legal document.

3. Invited delegates attending the dialogue conference shall raise questions, issues requiring clarification, express their views, and opinions on the content subject to social review.

4. Representatives of the agency or organization primarily responsible for drafting the legal document subject to social review shall provide additional explanations and clarifications on issues related to the content subject to social review.

5. Representatives of the Vietnam Fatherland Front Committee, political-social organizations shall conclude the meeting.

6. Representatives of the agency or organization authorized to issue the legal document subject to social review shall make remarks (if any).

7. Based on the results of the dialogue conference, the Vietnam Fatherland Front Committee, political-social organizations shall prepare the social review document and send it to the agency or organization primarily responsible for drafting the legal document subject to social review and the agency or organization authorized to issue the legal document.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Responsibilities of the Standing Committee of the National Assembly and the Government

1. Coordinate with the Chairman's Board of the Vietnam Fatherland Front Central Committee to direct, guide, inspect, and organize the implementation of this Resolution.

2. Coordinate in the development and implementation of programs and plans for social supervision and public opinion activities of the Vietnam Fatherland Front Central Committee.

3. Examine and respond to recommendations arising from the social supervision and public opinion activities of the Vietnam Fatherland Front Central Committee and central agencies of political-social organizations in accordance with the provisions of the law.

Article 21. Responsibilities of the Chairman's Board of the Vietnam Fatherland Front Central Committee and the Standing Board of the Vietnam Fatherland Front Central Committee

1. The Chairman's Board of the Vietnam Fatherland Front Central Committee shall take the lead and coordinate with the Standing Committee of the National Assembly and the Government to guide, urge, inspect, review, and summarize the implementation of this Resolution.

2. The Standing Board of the Vietnam Fatherland Front Central Committee shall guide local Vietnam Fatherland Front Committees in developing programs and plans for social supervision and public opinion activities.

Article 22. Responsibilities of political-social organizations

1. Coordinate with the Vietnam Fatherland Front Committee at the same level to develop and implement programs and plans for social supervision and public opinion activities.

2. Take the lead in implementing social supervision and public opinion activities proposed by the Vietnam Fatherland Front Committee at the same level; report the results of such activities to the Vietnam Fatherland Front Committee at the same level.

3. Regularly review and summarize the implementation of this Resolution.

Article 23. Responsibilities of agencies and organizations

1. Create conditions and fulfill the requirements of the Vietnam Fatherland Front Committee and political-social organizations during the process of social supervision and public opinion activities.

2. Examine and respond to recommendations arising from the social supervision and public opinion activities of the Vietnam Fatherland Front Committee and political-social organizations in accordance with the provisions of the law.

Article 24. Funding for Social Supervision and Public Opinion Activities

Annual funding for social supervision and public opinion activities of the Vietnam Fatherland Front shall be guaranteed from the state budget in accordance with the provisions of the law.

Article 25. Effective Date

This Resolution takes effect from the date of signature.