Decree No. 59/2023/NĐ-CP provides detailed regulations on certain provisions of the Law on Implementing Democracy at the Grassroots Level

DECREE
Detailed regulations on certain provisions of the Law on Promoting Grassroots Democracy

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Promoting Grassroots Democracy dated November 10, 2022,

At the request of the Minister of Home Affairs,

The Government promulgates this Decree detailing certain provisions of the Law on Promoting Grassroots Democracy.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details Clause 4, Article 23; Clause 4, Article 33; Clause 3, Article 40; Clause 4, Article 45; Clause 3, Article 63 and Clause 4, Article 81 of the Law on Promoting Grassroots Democracy, including the following contents:

1. Organizing community meetings; distributing ballots to households for opinions; online voting at villages and residential wards for people's discussion and decision-making; procedures for electing and dismissing Village Chiefs and Ward Heads; organizing regular community meetings.

2. Organization and operation of People's Inspection Committees at communes, towns, and wards; of Community Investment Supervision Boards.

3. Organization and operation of People's Inspection Committees at agencies and units; at state-owned enterprises.

Article 2. Applicability

This Decree applies to Vietnamese citizens residing in communes, towns, and wards, in villages and residential wards where they reside; civil servants, public officials, employees working in state agencies, units; state-owned enterprises and employees at state-owned enterprises.

2. Relevant agencies, organizations, and individuals related to grassroots democracy implementation at communes, towns, and wards; within state agencies, public service units and at state-owned enterprises.

Chapter II

ORGANIZING MEETINGS AND REGULAR COMMUNITY ASSEMBLIES

OF THE COMMUNITY; DISTRIBUTING BALLOTS TO HOUSEHOLDS;

ONLINE VOTING AT VILLAGES AND RESIDENTIAL WARDS

FOR PEOPLE'S DISCUSSION AND DECISION-MAKING; PROCEDURES FOR ELECTING,

REMOVING VILLAGE CHIEFS AND WARD HEADS

Section 1

ORGANIZING MEETINGS OF THE COMMUNITY
DISTRIBUTING BALLOTS TO HOUSEHOLDS
AND ONLINE VOTING AT VILLAGES,
RESIDENTIAL WARDS FOR PEOPLE'S DISCUSSION AND DECISION-MAKING

Article 3. Organizing community meetings for people's discussion and decision-making

1. Authority to convene, chair, and content of organizing community meetings

a) Village Chief, Ward Head convenes and chairs the organization of community meetings for people's discussion and decision-making on matters prescribed in Clauses 1, 2, 3, 5, and 6, Article 15 of the Law on Promoting Grassroots Democracy.

b) Election Committee (established by the Chairman of the People's Committee at the commune level) convenes and chairs the community meeting for electing Village Chief and Ward Head.

c) Head of the Mass Mobilization Work Team at the village, ward convenes and chairs the community meeting for removing Village Chief and Ward Head. In case the Village Chief, Ward Head is concurrently the Head of the Mass Mobilization Work Team, the Chairman of the People's Committee at the commune level convenes and chairs the meeting after reaching consensus with the Chairman of the Vietnam Fatherland Front Committee at the commune level.

d) In case there is a vacancy for Village Chief, Ward Head, the Chairman of the People's Committee at the commune level designates a representative from the Mass Mobilization Work Team at the village, ward or convenes a citizen with credibility residing in the village, ward to convene and organize the community meeting for people's discussion and decision-making on matters except those stipulated in point b, point c, Clause 1 of this Article.

đ) Village Chief, Ward Head delegates a member of the Mass Mobilization Work Team at the village, ward or a credible resident in the residential area to chair and manage the meeting of the residential area and report the results to the Village Chief, Ward Head for consolidation into the overall results of the entire village, ward.

2. Participants in the community meeting are prescribed in Clauses 1, 2, Article 18 of the Law on Promoting Grassroots Democracy. The time and place of organizing the meeting must be convenient and suitable to the actual conditions for full participation of the community.

3. Information about the community meeting (in Form No. 01 attached to this Decree) must be notified to participants at least two days before the meeting takes place through one of the following methods: Invitation letter, direct notification to each household, through the village, ward's public address system, telephone, social media applications operating legally according to the law established and publicly posted at the communal house, community activity points of the residential area, village, ward.

4. Meeting materials for the community to discuss and decide must be fully prepared before organizing the meeting. For matters under Clauses 1, 2, 3, Article 15 of the Law on Promoting Grassroots Democracy, meeting materials must be sent to each household, relevant individual at least two days before the meeting takes place through direct delivery or through social media applications operating legally according to the law established and agreed upon by the village, ward.

5. Procedures for organizing community meetings

a) The person chairing the community meeting as prescribed in Clause 1 of this Article announces the purpose, introduces representatives; approves the agenda of the meeting; introduces the person to be elected as secretary of the meeting. The meeting secretary is decided when more than 50% of household representatives attending the meeting raise their hands to agree.

Based on the specific content of each meeting, the chairperson or the person assigned announces decisions, related documents according to the meeting agenda.

b) Participants in the meeting discuss the contents presented by the chairperson or the person assigned.

For community meetings to elect Village Chief, Ward Head; members of the Community Investment Supervision Board, members of the People's Inspection Committee at the commune, town, ward, representatives of the Mass Mobilization Work Team at the village, ward introduce the list of candidates agreed upon by the Mass Mobilization Work Team at the village, ward with the village, ward branch party committee and request household representatives attending the meeting to self-nominate or nominate persons meeting the required qualifications to participate in the election.

Upon concluding the discussion, the meeting chairperson compiles the opinions expressed during the discussion, proposes the contents to be voted on, and suggests voting methods either by raising hands or secret ballot for participants to choose from. The selected option is adopted when more than 50% of the household representatives present at the meeting raise their hands to agree.

c) Voting on the discussed contents

For the hand-raising voting method, the voting results are counted immediately at the time of voting and recorded in the meeting minutes.

For the secret ballot voting method, the meeting chairperson proposes the number and list of the Counting Board consisting of three to five members (including the Head and other members) for the household representatives present at the meeting to vote on by raising hands. The Counting Board is established when more than 50% of the household representatives present at the meeting raise their hands to agree.

The Counting Board guides the rules, how to fill out ballots, cast votes, and proceeds with distributing ballots.

After the voting ends, the Counting Board conducts the ballot counting (During the ballot counting process, the Counting Board invites two household representatives present at the meeting to witness the counting process) and prepares a ballot counting record according to Model No. 02 attached to this Decree. The Head of the Counting Board announces the ballot counting results at the meeting. The ballot counting record is prepared in three copies and sent along with the Community Decision to the People's Committee of the Commune, the Vietnam Fatherland Front Committee of the Commune, and kept in the village or residential area.

d) The meeting chairperson announces the voting results for each voting item and concludes the meeting. The community decision is reflected in various forms of documentation: resolutions, meeting minutes, memorandums, community agreements, clearly stating the community decision as stipulated in Clause 2, Article 20 of the Law on Implementing Democracy at the Grassroots Level.

In cases where the meeting elects the Village Chief or Residential Area Group Leader, the successful candidate presents themselves to the meeting. If no successful candidate can be determined, the reasons for not being able to elect the Village Chief or Residential Area Group Leader are noted in the meeting minutes for reporting to the People's Committee of the Commune for consideration and decision on organizing another election.

Immediately upon the conclusion of the meeting, the meeting chairperson is responsible for completing the meeting records. Within the latest five working days from the end of the meeting, the decision already approved by the community through voting (according to Model No. 03 attached to this Decree) must be submitted to the People's Committee of the Commune and the Vietnam Fatherland Front Committee of the Commune as prescribed in Clause 3, Article 20 of the Law on Implementing Democracy at the Grassroots Level.

6. In cases where a community meeting is organized according to the provisions of Clause 3, Article 18 of the Law on Implementing Democracy at the Grassroots Level, the Village Chief or Residential Area Group Leader reports to the People's Committee of the Commune for consideration and decision on the organization plan for the meeting after reaching consensus with the Mass Work Team in the village or residential area.

The organization plan for the community meeting by sub-communities includes the following contents: the number of sub-communities; the chairperson or authorized chairperson for each sub-community meeting; the proposed time and location for organizing the meeting, assignment of responsibilities, reporting the results of each sub-community meeting, and consolidating them into the overall results of the entire village or residential area.

Article 4. Organizing the distribution of ballots to collect opinions from households for the people to discuss and decide

1. Cases for organizing the distribution of ballots to collect opinions

a) The Chairman of the People's Committee at the commune level decides on the form of distributing ballots to collect opinions from households for the contents stipulated in Article 15 of the Law on Implementing Democracy at Grassroots Level within the commune's territory.

b) For the contents stipulated in Article 15 of the Law on Implementing Democracy at Grassroots Level which have been organized in meetings by villages and residential wards but did not have sufficient representation of household members to reach the required approval ratio as specified in Clause 1, Article 21 of the Law on Implementing Democracy at Grassroots Level.

c) The Village Head or Ward Head, after reaching consensus with the People's Campaign Team in the village or ward, decides to organize the distribution of ballots to collect voting opinions from households for the contents stipulated in Clause 6, Article 15 of the Law on Implementing Democracy at Grassroots Level within the village or ward.

2. Building a plan for distributing ballots to collect opinions

Based on each case of distributing ballots to collect opinions as stipulated in Clause 1 of this Article, the Village Head or Ward Head shall coordinate with the Head of the People's Campaign Team in the village or ward to build a Plan for organizing the distribution of ballots to collect opinions including the following main contents: Purpose, requirements, content, components, time frame, deadline for collecting opinions, assignment of organizations responsible for implementation, conditions ensuring the organization of distributing ballots to collect opinions.

The Plan for organizing the distribution of ballots to collect opinions must be sent to the Chairman of the People's Committee at the commune level and the Chairman of the Vietnam Fatherland Front Committee at the commune level no later than two days from the date of issuing the Plan.

3. Establishing the Ballot Distribution Team

The Village Head or Ward Head decides to establish the Ballot Distribution Team consisting of three to five members including representatives from the village or ward, the People's Campaign Team in the village or ward, and representatives from political and social organizations in the village or ward. The representative from the People's Campaign Team in the village or ward serves as the Team Leader.

4. Publicizing information about the distribution of ballots to collect opinions

Information about the distribution of ballots to collect opinions shall be publicized through one of the following methods: posting at the cultural house and community activity points in the village or ward, direct notification to each household, via the village or ward's public address system, telephone, and lawful social media applications established by the village or ward at least two days before the ballot distribution date. The content of the publicized information shall comply with the provisions of Clause 2, Article 19 of the Law on Implementing Democracy at Grassroots Level.

5. Opinion Collection Ballots

a) For each case of distributing opinion collection ballots from households as stipulated in Clause 1 of this Article, the People's Committee at the commune level is responsible for specifying the ballot format, providing guidance, and issuing the ballot format.

b) The ballot must ensure the following contents: ballot title, content for opinion collection, content for households to choose from for voting, instructions on how to choose, other opinions for households to participate (if any), and the deadline for collecting opinion ballots.

The People's Committee at the commune level stamps the upper left corner of each opinion collection ballot for voting on contents with a scope of implementation within the commune's territory.

The Village Head or Ward Head signs directly in the lower right corner of each opinion collection ballot for voting on contents with a scope of implementation within the village or ward.

6. Conducting the distribution of opinion collection ballots from households

a) The Ballot Distribution Team delivers the opinion collection ballots directly to each household; collects ballots according to the deadline specified on the ballot. The Ballot Distribution Team conducts a vote count, prepares a tally sheet according to Model Number 04 prescribed in this Decree. During the vote count process, the Ballot Distribution Team invites representatives from two households to witness the vote count.

b) The results of collecting opinions for the people to discuss and decide on the contents stipulated in Clause 1 of this Article are approved when the total number of votes from household representatives in the village or ward reaches the minimum required ratio as specified in Clause 1, Article 21 of the Law on Implementing Democracy at Grassroots Level.

c) For the distribution of ballots to collect opinions on contents with a scope of implementation within the commune's territory, the Village Head or Ward Head reports the results of the opinion collection ballots from the village or ward to the People's Committee at the commune level for consolidation of the overall commune results.

7. At the latest, five working days from the end date of the opinion collection period, the decision approved by the community must be sent to the People's Committee at the commune level and the Vietnam Fatherland Front Committee at the commune level.

8. Recognizing the results of the distribution of ballots to collect opinions and the validity of the community's decision shall be implemented in accordance with the provisions of Article 21 of the Law on Implementing Democracy at Grassroots Level.

Article 5. Online voting at village and neighborhood residents' group for people to discuss and decide

1. Conditions for organizing online voting at village and neighborhood residents' group

a) The contents prescribed in Clause 6, Article 15 of the Law on Implementing Democracy at Grassroots Level must be agreed upon by the Village Head and Neighborhood Group Leader with the People's Committee Working Group at the village and neighborhood residents' group regarding the unnecessary organization of community meetings or distribution of ballots to each household.

b) It must be unanimously chosen by the community according to the provisions at point c, Clause 2 of this Article.

c) Representatives of households having electronic devices or smartphones with internet connection to conduct online voting and suitable with the level of information technology application in the locality.

2. Preparing for online voting

a) The Village Head and Neighborhood Group Leader shall coordinate with the People's Committee Working Group at the village and neighborhood residents' group to report to the Commune People's Committee and the Commune Vietnam Fatherland Front Committee before implementation.

b) The Village Head and Neighborhood Group Leader shall establish an Opinion Collection Team for Online Voting consisting of 03 to 05 members including representatives from the village and neighborhood residents' group, the People's Committee Working Group at the village and neighborhood residents' group, representatives of households, and individuals proficient in information technology applications to organize online voting. The Opinion Collection Team Leader for Online Voting shall be a representative of the People's Committee Working Group at the village and neighborhood residents' group.

c) The Opinion Collection Team for Online Voting shall select a legally operating social network according to the law to create a social network group for the village and neighborhood residents' group and invite household representatives to join; create a poll within the social network group of the village and neighborhood residents' group to collect opinions from household representatives on the form of online voting.

Information of household representatives participating in the social network group of the village and neighborhood residents' group includes: Full name, permanent address.

The organization of online voting shall be carried out when more than 50% of the total number of household representatives in the village and neighborhood residents' group choose to agree through the form of online voting.

d) The Opinion Collection Team for Online Voting shall create poll content including: Voting content, voting form (agree, disagree, and other opinions). Poll content must be concise, clear, simple, easy to understand, and easy to operate.

3. Conducting online voting

The Opinion Collection Team for Online Voting shall notify specifically about the form, content, time of online voting, and guide household representatives to access the social network group of the village and neighborhood residents' group to carry out voting. In case household representatives need support, they should contact the Opinion Collection Team for Online Voting for detailed guidance.

4. Summarizing and reporting the results of online voting

a) The Opinion Collection Team for Online Voting shall monitor, summarize, record in a protocol, and report to the Village Head and Neighborhood Group Leader the results at the end of online voting including: start time, end time, total number of household representatives participating in voting, total number of household representatives agreeing, total number of households disagreeing, other opinions (if any) on the content of opinion collection for online voting, and attach a screenshot of the online voting results, list of household representatives participating in online voting.

b) The results of online voting shall be recorded in a protocol according to Form No. 03 attached to this Decree; it shall be approved when more than 50% of the total number of household representatives in the village and neighborhood residents' group choose to agree and shall be publicly posted at the cultural house, community activity points of the village and neighborhood residents' group, announced on the radio system, on the social network group of the village and neighborhood residents' group, or by other appropriate forms in accordance with the actual situation of the village and neighborhood residents' group.

The decision of the community shall be sent to the Commune People's Committee and the Commune Vietnam Fatherland Front Committee no later than five working days from the end of online voting.

5. In case the Village Head and Neighborhood Group Leader chooses to use other legal utilities or applications according to the law for online voting, the procedures for implementing online voting shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

6. The Provincial People's Committee shall build and guide the use of an online voting application on the website for villages and neighborhood residents' groups to choose and organize online voting for contents that people discuss and decide on their territory.

Section 2

VOTING PROCEDURE FOR ELECTION AND REMOVAL OF THE VILLAGE HEAD,
NEIGHBORHOOD GROUP LEADER

Article 6. Preparation for electing Village Chiefs and Ward Heads

1. The Chairman of the People's Committee at the commune level shall be responsible for:

a) Issuing a decision to organize the election of Village Chiefs and Ward Heads; taking the lead and coordinating with the Standing Board of the Vietnam Fatherland Front Committee at the commune level to develop plans, provide guidance on procedures, and implement the plan no later than 20 days before the community meeting to elect Village Chiefs and Ward Heads.

b) Issuing a decision to establish the Election Team no later than 10 days before the community meeting to elect Village Chiefs and Ward Heads, after reaching consensus with the Vietnam Fatherland Front Committee at the commune level.

The Election Team shall consist of: A representative from the Mass Organization Work Board in the village or ward serving as the Team Leader; members being representatives of mass organizations, political-social organizations, and household representatives in the village or ward (excluding candidates for Village Chief or Ward Head positions).

These decisions must be notified to the people in the village or ward, posted at the cultural house or community activity center in the village or ward, and announced through the local radio system or other appropriate methods no later than seven days before the election date.

2. The Head of the Mass Organization Work Board in the village or ward shall convene a meeting of the Mass Organization Work Board in the village or ward to propose a list of candidates for Village Chief and Ward Head; report to the Party Branch Committee in the village or ward for consensus to introduce at least one candidate for Village Chief or Ward Head; convene a meeting of the Mass Organization Work Board in the village or ward after receiving opinions from the Party Branch Committee in the village or ward to decide on the official list of candidates (at least one person). The contents of the meeting must be recorded in a minutes according to Model No. 05 attached to this Decree and sent to the People's Committee at the commune level no later than 15 days before the community meeting.

Article 7. Conducting the election of Village Chiefs and Ward Heads

The organization of the election of Village Chiefs and Ward Heads at the community meeting shall be carried out in accordance with the provisions of Article 3 of this Decree.

Article 8. Recognition of election results

Within five working days from the date of receipt of the decision approved by the community, the People's Committee at the commune level shall examine and decide to recognize the elected Village Chief or Ward Head or decide to hold another election; if no recognition decision or re-election decision is issued, it must be replied in writing and specify the reasons.

The officially appointed Village Chief or Ward Head shall commence their duties upon issuance of the recognition decision by the People's Committee at the commune level.

Article 9. Procedure for ceasing to serve as Village Chief or Ward Head

1. The decision to cease serving as Village Chief or Ward Head shall be made at the community meeting in the following cases:

a) The person requesting to cease serving as Village Chief or Ward Head due to health reasons, family circumstances, or other personal reasons according to their wishes, submitting a letter to the Chairman of the People's Committee at the commune level detailing the reasons for ceasing service.

b) The Head of the Mass Organization Work Board in the village or ward proposes to the Chairman of the People's Committee at the commune level to consider ceasing service in the case where the Village Chief or Ward Head is no longer trusted by the people, fails to fulfill their duties, violates the people's right to self-governance, engages in corruption, waste, does not comply with the directives and management of the People's Committee at the commune level, breaches higher-level regulations, violates laws but not to the extent of criminal prosecution, or when at least 50% of households or household representatives in the village or ward make a request.

2. The procedure for organizing the community meeting to cease serving as Village Chief or Ward Head shall be carried out in accordance with the provisions of Clause 5 of Article 3 of this Decree.

3. Recognition of the result of ceasing to serve as Village Chief or Ward Head

Within five working days from the date of receipt of the decision approved by the community, the People's Committee at the commune level shall examine and issue a decision recognizing the result of ceasing to serve as Village Chief or Ward Head. If no recognition decision for ceasing to serve as Village Chief or Ward Head is issued, it must be replied in writing and specify the reasons.

In the event that the meeting cannot reach a consensus on ceasing to serve as Village Chief or Ward Head, the People's Committee at the commune level shall examine and decide after reaching consensus with the Vietnam Fatherland Front Committee at the commune level.

Within sixty days from the date of the recognition decision for ceasing to serve as Village Chief or Ward Head, the People's Committee at the commune level shall decide on the conduct of the election for a new Village Chief or Ward Head.

During the period without a Village Chief or Ward Head, the People's Committee at the commune level, in agreement with the Vietnam Fatherland Front Committee at the commune level, shall decide to appoint an interim Village Chief or Ward Head to manage the activities of the village or ward until a new Village Chief or Ward Head is elected.

Section 3

REGULAR COMMUNITY MEETING ORGANIZATION

Article 10. Preparation work for regular community meetings

1. The Village Chief, Ward Head shall preside over and coordinate with the People's Committee Working Group at the village and ward to develop the plan for organizing regular community meetings.

2. The contents of the plan for organizing regular community meetings include: time, location, meeting agenda, and implementation organization.

3. The Village Chief, Ward Head, Chairman of the People's Committee Working Group at the village and ward, Chairman of the People's Inspectorate Board at the commune, ward, town shall directly or delegate members to prepare reports to be presented at the meeting.

4. The plan for organizing regular community meetings shall be sent to the Commune People's Committee, the Vietnam Fatherland Front Committee at the commune level, and the People's Inspectorate Board at the commune, ward, town for reporting and consensus before implementation.

Article 11. Procedure for organizing regular community meetings

1. Summoning regular meetings of the village and ward

a) The Village Chief, Ward Head shall announce the summoning of regular meetings of the village and ward.

The announcement of the summoning shall clearly state the time, location, and agenda of the regular meeting of the village and ward; the participants summoned to attend the meeting.

b) Participants in the regular meeting are representatives of households in the village and ward. The Village Chief, Ward Head decides on inviting representatives of the Commune People's Committee and relevant agencies and organizations to attend the meeting.

c) The announcement of the summoning must be directly delivered to households at least five days before the date of the meeting through written notice or via the village and ward public address system, or through social media applications legally established by the village and ward. In necessary cases, the Village Chief, Ward Head may make direct announcements to households.

2. Procedure for organizing regular meetings

a) The Village Chief, Ward Head shall declare the purpose, introduce delegates and the meeting agenda, and introduce the meeting secretary.

The meeting secretary is responsible for recording the minutes at the meeting.

b) The Village Chief, Ward Head shall present a report on the situation of the village and ward, and the results of implementing the items decided by the community.

c) Representatives of the People's Committee Working Group at the village and ward shall present a report and provide information on the situation and results of democratic implementation in the village and ward and within the commune.

d) Members of the People's Inspectorate Board elected at the village and ward shall present a report on the performance of inspection, supervision, examination, and verification tasks based on citizens' recommendations in the area.

d) Representatives of households shall discuss, participate in opinions, propose, and make recommendations.

e) Information exchange, acceptance, and explanation of opinions, proposals, and recommendations of the community regarding matters within their authority.

g) Approval of the contents presented at the meeting.

h) Commendation of individuals and households with outstanding achievements in community activities.

i) Conclusion of the meeting:

After the conclusion of the meeting, the Village Chief, Ward Head shall be responsible for submitting a written report on the meeting results to the Commune People's Committee and the Vietnam Fatherland Front Committee at the commune level.

Chapter III

ORGANIZATION AND OPERATIONS OF THE PEOPLE'S INSPECTORATE
AT THE COMMUNE, WARD, TOWN; OF THE INVESTMENT SUPERVISION BOARD
OF THE COMMUNITY

Section 1

ORGANIZATION AND ACTIVITIES OF THE PEOPLE'S INSPECTORATE BOARD AT THE COMMUNE, WARD, TOWN

Article 12. Principles of organization and operation of the People's Supervisory Board at commune, ward, town level

1. Adhere to legal regulations; ensure fairness, objectivity, transparency; carry out activities within the scope of assigned tasks and powers; do not affect the rights and legitimate interests of the inspected and supervised entities.

2. Shall not abuse duties and powers to incite, entice, or coerce organizations, individuals, or the people to commit acts contrary to the law.

3. Work collectively and decide by majority rule.

Article 13. Organization of the People's Supervisory Board at commune, ward, town level

1. Members of the People's Supervisory Board at commune, ward, town level are elected at community meetings.

Based on the proposal of the Mass Front Work Committee at village, residential group level, the Vietnam Fatherland Front Committee at commune level reviews and decides to terminate membership in the People's Supervisory Board at commune, ward, town level; guides the election and supplementation of members of the People's Supervisory Board at commune, ward, town level.

The organization of community meetings to elect, terminate, and supplement members of the People's Supervisory Board at commune, ward, town level shall be carried out in accordance with Article 3 of this Decree.

2. The number of members of the People's Supervisory Board at commune, ward, town level is determined based on the corresponding number of villages, residential groups within the commune but shall not be less than five members. The Vietnam Fatherland Front Committee at commune level decides the specific number of members of the People's Supervisory Board at commune, ward, town level according to the principle of ensuring that each village, residential group has a representative participating as a member of the People's Supervisory Board at commune, ward, town level.

For communes, wards, towns with fewer than five villages, residential groups, the maximum number of members of the People's Supervisory Board is five.

3. The People's Supervisory Board at commune, ward, town level has a Chairperson, Deputy Chairpersons, and members.

The number of Deputy Chairpersons is decided by the Vietnam Fatherland Front Committee at commune level based on the number of members of the People's Supervisory Board at commune, ward, town level but shall not exceed two persons.

Article 14. Activities of the People's Supervisory Board at commune, ward, town level

1. Developing orientation, content of activity plans

a) The People's Supervisory Board at commune, ward, town level develops activity plans to fulfill the tasks and powers stipulated in Article 38 of the Law on Implementing Democracy at Grassroots Level on a quarterly, semi-annual, annual, and term basis.

The plan includes basic contents: purpose, requirements, content, time, budget, organizational implementation, and other conditions to ensure the implementation of the Activity Plan.

The activity plan may be adjusted and supplemented in accordance with actual needs or when unexpected issues arise.

b) Based on the Activity Plan, the People's Supervisory Board at commune, ward, town level builds specific inspection and supervision plans to send to the Vietnam Fatherland Front Committee, the Chairman of the People's Committee at commune level, and other inspected and supervised entities (if any) at least five working days before conducting inspection and supervision activities.

2. Methods of operation

a) Receiving information, reflections, and suggestions directly or through suggestion boxes from organizations and individuals related to the scope of inspection and supervision of the People's Supervisory Board at commune, ward, town level.

b) Working with relevant organizations and individuals to collect information and documents, analyze, compare, synthesize information, and evaluate and clarify the content of reflections and suggestions.

c) Notifying the results of inspections, supervision, and verification to agencies, organizations, and individuals who have made reflections and suggestions in writing. In cases where violations of the law are discovered, recommendations are made to competent authorities for examination and handling in accordance with the law.

3. Reporting System

The People's Supervisory Board at commune, ward, town level reports to the Vietnam Fatherland Front Committee at commune level on the results of fulfilling tasks on a quarterly, semi-annual, annual, term, and ad hoc basis upon request or occurrence of events.

Article 15. Coordination in Implementing Activities of the People's Inspection Board at Communes, Wards, and Towns

1. The People's Inspection Board at communes, wards, and towns shall fulfill its assigned tasks accurately. It shall maintain regular contact and closely coordinate with the people to promptly receive and respond to their feedback and reflections.

2. Maintain close ties with the People's Council and People's Committee at the commune level to resolve citizens' feedback and reflections within their authority or report to competent authorities for resolution as prescribed by law.

The People's Council and People's Committee at the commune level shall create favorable conditions for the People's Inspection Board at communes, wards, and towns to perform its duties and powers.

Section 2

ORGANIZATION AND ACTIVITIES OF THE INVESTMENT SUPERVISION BOARD
OF THE COMMUNITY

Article 16. Principles of Organization and Operation of the Community Investment Supervision Board

1. Adhere to legal regulations; fulfill assigned tasks and powers accurately.

2. Ensure objectivity, transparency, timeliness, thoroughness, effectiveness, without hindering or affecting the implementation of programs and projects.

3. Work collectively and decide by majority rule.

Article 17. Composition of the Community Investment Supervision Board

1. Members of the Community Investment Supervision Board are representatives of residents in villages and residential wards where programs and projects are located, elected at community meetings.

The Vietnam Fatherland Front Committee at the commune level proposes and guides the organization of supplementary elections for members of the Community Investment Supervision Board in cases of vacancy or shortage.

The organization of community meetings to elect and remove members of the Community Investment Supervision Board is carried out according to the provisions of Article 3 of this Decree.

2. The number and standards of Community Investment Supervision Board members are implemented according to the provisions of Articles 41 and 42 of the Law on Promoting Democracy at the Grassroots Level.

For the number of Community Investment Supervision Board members representing residents in villages and residential wards where programs and projects are located, it is decided by the Standing Committee of the Vietnam Fatherland Front Committee at the commune level but not exceeding five persons.

3. The number of Deputy Chairpersons is decided by the Standing Committee of the Vietnam Fatherland Front Committee at the commune level based on the number of Community Investment Supervision Board members but not exceeding two persons.

Article 18. Activities of the Community Investment Supervision Board

1. Developing Programs and Plans for Activities

The Community Investment Supervision Board develops activity plans to fulfill the tasks and powers stipulated in Article 43 of the Law on Promoting Democracy at the Grassroots Level and must be consistent with each program and project.

The activity plan includes basic contents: purpose, requirements, content, time, budget, organizational implementation, and other guarantee conditions. The activity plan is adjusted when there are changes in the program or project.

2. Methods of operation

a) Receiving direct feedback or suggestions from citizens, organizations, and individuals related to programs and projects within the scope of inspection and supervision by the Community Investment Supervision Board.

b) Proactively collecting information and materials to conduct analysis, comparison, and synthesis, evaluating the authenticity and suitability when implementing programs and projects; the content of citizens' feedback and suggestions about programs and projects in the area.

c) Organizing direct inspections and supervision at the site where programs and projects are being implemented. During the performance of tasks, the Community Investment Supervision Board may invite relevant experts to participate in inspections and supervision of compliance with technical procedures, norms, and types of materials as prescribed.

d) Reporting the results of inspections and supervision in writing to agencies, organizations, and individuals who have provided feedback or suggestions. In case of discovering violations or other suggestions regarding programs and projects during supervision, the Community Investment Supervision Board recommends competent authorities to handle them according to the law.

3. Reporting System

The Community Investment Supervision Board regularly reports to the Vietnam Fatherland Front Committee at the commune level or upon request on the results of supervising programs and projects in the area.

Article 19. Coordination work for the implementation of activities of the People's Investment Supervision Board

1. The People's Investment Supervision Board shall closely connect with the people to collect information reflected by them, promptly report to competent authorities, organizations, and individuals for resolution; at the same time, provide feedback to the people on the results of resolution by such authorities, organizations, and individuals.

2. State management agencies, program sponsors, investors, program and project management boards shall create favorable conditions for the People's Investment Supervision Board to perform its tasks and powers.

Chapter IV

ORGANIZATION AND OPERATIONS OF THE PEOPLE'S INSPECTORATE
AT ORGANIZATIONS AND UNITS

Article 20. Principles of organization and operation of the People's Inspection Board at organizations and units

1. Adhere to legal regulations; fulfill assigned tasks and powers accurately; ensure objectivity, transparency, and fairness; all opinions and reflections of officials, civil servants, employees, and workers are truthfully reflected to those authorized to resolve issues according to the law.

2. It is not allowed to abuse tasks and powers to incite, entice, or lure civil servants, employees, and workers to commit acts contrary to the law.

3. Work collectively and decide by majority rule.

Article 21. Organization of the People's Inspection Board at organizations and units

1. Members of the People's Inspection Board at organizations and units shall be elected at meetings of officials, civil servants, employees, and workers in accordance with Article 51 of the Law on Implementing Democracy at Grassroots Level.

Within the latest five working days from the date of the meeting of officials, civil servants, employees, and workers electing members of the People's Inspection Board, the Trade Union Committee of the organization or unit shall recognize the election results.

2. The number of members of the People's Inspection Board shall be implemented in accordance with Clause 1 of Article 60 of the Law on Implementing Democracy at Grassroots Level.

In cases where organizations and units have special characteristics or dispersed operations, based on requirements, tasks, features, organizational structure, operational nature, and actual conditions, after reaching consensus with the heads of the organizations and units, the Trade Union Committee may propose to the meeting of officials, civil servants, employees, and workers to decide on having more than nine members in the People's Inspection Board to ensure effective operation.

In special cases where the People's Inspection Board is not organized, the Trade Union Committee, after reaching consensus with the head of the organization or unit, shall report to the higher-level trade union for decision.

3. The People's Inspection Board at organizations and units shall have a Chairman, Deputy Chairmen, and members. If the number of members of the People's Inspection Board is nine or more, the number of Deputy Chairmen shall not exceed two.

Article 22. Activities of the People's Inspection Board at organizations and units

1. Building work programs and plans

a) The People's Inspection Board at organizations and units shall build work programs to implement the tasks prescribed in Article 61 of the Law on Implementing Democracy at Grassroots Level quarterly, semi-annually, and annually.

The work program includes basic contents: purpose, requirements, content, time frame, budget, implementation organization, and other guarantee conditions. The work program can be adjusted and supplemented appropriately according to actual needs or when unexpected issues arise.

b) The People's Inspection Board at organizations and units shall build specific inspection and supervision plans to report to the Trade Union Committee of the organization or unit and notify other inspected and supervised entities (if any) at least five working days before conducting inspection and supervision activities.

2. Methods of operation

a) Receiving information directly reflected by officials, civil servants, employees, and workers, through suggestion boxes; through studying relevant documents provided by the leadership of the organization or unit. Working with related units and individuals regarding suggestions and reflections to assess the authenticity of the reflected content.

The People's Inspection Board at organizations and units shall compile, analyze, compare with legal regulations, rules, and working procedures of the organization or unit to evaluate, propose, and suggest to the head of the organization or unit to consider and resolve according to the law or through the Trade Union Committee of the organization or unit.

b) Inspection and supervision results, verification findings shall be documented and sent to the organizations, entities, and individuals that made suggestions and reflections. In case of discovering violations of the law, it shall be suggested to the competent organizations and entities to examine and handle according to the law.

3. Reporting System

The People's Inspection Board shall regularly report to the Trade Union Committee of the organization or unit on the results of implementing tasks quarterly, semi-annually, annually, during the term, or upon request; report the results of annual task implementation at the meeting of officials, civil servants, employees, and workers of the organization or unit.

Article 23. Coordination in Fulfilling the Tasks of the People's Inspectorate Board at Agencies and Units

Maintain close contact and coordinate closely with the heads and officials, civil servants, employees at agencies and units to promptly receive opinions and reflections; synthesize, compare, verify and propose solutions according to authority or report to competent authorities for resolution as prescribed by law.

Chapter V

ORGANIZATION AND OPERATIONS OF THE PEOPLE'S INSPECTORATE
AT STATE ENTERPRISES

Article 24. Principles of Organization and Operation of the People's Inspectorate Board at State Enterprises

1. Adhere to the provisions of the law; fulfill assigned tasks and powers accurately; ensure objectivity, transparency, and fairness; all opinions and reflections of employees are truthfully reflected to organizations or individuals with the authority to resolve as prescribed by law.

2. Shall not abuse tasks and powers to incite, entice, or lure employees to commit acts contrary to the law.

3. Work collectively and decide by majority rule.

Article 25. Organization of the People's Inspectorate Board at State Enterprises

1. Members of the People's Inspectorate Board at state enterprises are elected at the employee assembly in accordance with Article 69 of the Law on Implementing Democracy at the Grassroots Level.

Within the latest five working days from the end date of the employee assembly electing members of the People's Inspectorate Board, the Executive Committee of the Trade Union of the state enterprise shall recognize the election results of the People's Inspectorate Board members.

2. The People's Inspectorate Board at state enterprises has a Chairperson, Deputy Chairpersons, and members. In cases where the number of People's Inspectorate Board members is nine or more, the number of Deputy Chairpersons shall not exceed two.

In cases where state enterprises have special characteristics or operate in a dispersed manner, based on requirements, tasks, features, organizational and operational nature, and actual conditions, after reaching consensus with the leadership board of the state enterprise, the Executive Committee of the Trade Union, and the representative body of other employee organizations at the grassroots level (if any), propose to the employee assembly to decide on having more than nine members of the People's Inspectorate Board to ensure effective operation.

Article 26. Activities of the People's Inspectorate Board at State Enterprises

1. Building work programs and plans

a) Develop a Work Program to implement the tasks stipulated in Article 78 of the Law on Implementing Democracy at the Grassroots Level quarterly, semi-annually, and annually.

The work program includes basic contents: purpose, requirements, content, time frame, budget, implementation organization, and other guarantee conditions. The work program can be adjusted and supplemented appropriately according to actual needs or when unexpected issues arise.

b) Based on the resolutions of the employee assembly and the democratic implementation regulations of the enterprise, develop inspection and supervision plans and report to the Executive Committee of the Trade Union at the state enterprise and notify the management board at least five working days before conducting inspection and supervision activities.

2. Methods of operation

a) Receive information directly reported by employees, through suggestion boxes; through studying relevant documents provided by the management board concerning the content under supervision.

b) Synthesize, analyze, and compare with the content of resolutions and decisions of the employee assembly, democratic implementation regulations of the enterprise, internal regulations, other regulations of the enterprise, and legal provisions to assess, propose, and recommend to the management board or competent authorities for consideration and resolution or organize timely dialogue as prescribed by law.

c) Recommendations of the People's Inspectorate Board at state enterprises to resolve issues related to inspection and supervision content are directly reported to the head of the management board of the state enterprise, competent authorities, or through the Executive Committee of the Trade Union at the enterprise.

d) Inspection, supervision, and verification results of the People's Inspectorate Board at state enterprises are documented and sent to the organizations, entities, or individuals who have raised concerns or recommendations. In cases where violations of the law are discovered, recommendations are made to competent authorities for examination and handling in accordance with the law.

3. Reporting System

The People's Inspectorate Board is responsible for regularly reporting to the Executive Committee of the Trade Union at the enterprise quarterly, semi-annually, and annually or upon request; annual reports are presented at the employee assembly.

Article 27. Coordination in the Implementation of Activities of the People's Inspectorate Board at State-Owned Enterprises

Maintain close contact and coordinate closely with the enterprise leadership, management, and workers to promptly receive opinions and reflections; compile, compare, verify, and propose solutions within their authority or report to competent authorities for resolution in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Decree takes effect from August 15, 2023.

2. Decree No. 159/2016/NĐ-CP dated November 29, 2016 of the Government detailing and providing implementation measures for certain provisions of the Inspection Law regarding the organization and operation of the People's Inspectorate Board ceases to be effective from August 8, 2023.

Article 29. Transitional Provisions

1. The organizational structure of the Community Investment Oversight Board that has been established shall continue to operate until the completion of the program or project.

2. The organizational structure of the People's Inspectorate Board at communes, wards, towns, agencies, units, and state-owned enterprises shall continue to operate until the new term election is held.

Article 30. Coordination in Organization and Implementation

1. Request the Standing Committee of the Vietnam Fatherland Front Central Committee to direct and guide the implementation of regulations on the organization and operation of the People's Inspectorate Board at communes, wards, towns, and the Community Investment Oversight Board.

2. Request the General Confederation of Labor Vietnam to direct and guide trade unions at all levels to implement regulations on the organization and operation of the People's Inspectorate Board at agencies, units, and state-owned enterprises.

Article 31. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.

The Central Committee of the Communist Party of Vietnam;

Prime Minister, Deputy Prime Ministers;

Central Party Office and Party Committees,

Office of the General Secretary;

President's Office;

National Assembly Office;

Supreme People's Court;

Supreme People's Procuracy;

State Audit Agency;

National Financial Supervisory Council;

The Social Policy Bank;

The Vietnam Development Bank;

Central Committee of the Vietnam Fatherland Front;

Central bodies of mass organizations;

VPCP: Deputy PM, Deputy Ministers, PM's Assistants, Director General of the Government Electronic Portal,

various Departments, Bureaus, subordinate units, Official Gazette;

File: VT, QHDP (2), Th Tùng, m

ANNEX
pursuant to Decree No. 59/2023/NĐ-CP
August 4, 2023 of the Government

Form No. 01

..., day ... month ... year ...

INVITATION LETTER

We respectfully invite Mr./Mrs. ...

1. Time and Location

a) Time:

b) Location:

2. Participants

a) Chairperson:

b) Delegates attending:

3. Content

4. Contact person for information about the meeting:

5. Documents for the meeting (if any).

Village, people's group... requests Mr./Mrs. to arrange time to fully participate according to the composition.

Chairperson of the meeting (Signature, full name)

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

..., day ... month ... year ...

MINUTES OF THE COUNTING SESSION
Regarding...

Today, at... hours... minutes, ...day... month... year..., at... village, people's group..., the community residents' meeting was organized regarding...

The counting board consists of the following persons:

Representatives of households witnessing the counting process include:

Total number of household representatives in the entire village, people's group: ...

The minutes of the counting session are made in three copies, signed by members of the Counting Board and two witnesses to the counting process.

CHAIRPERSON OF THE COUNTING BOARD MEMBERS OF THE COUNTING BOARD (Signature and full name) (Signature and full name)

REPRESENTATIVES OF HOUSEHOLDS WITNESSING (Signature and full name)

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

..., day ... month ... year ...

RESOLUTION/MEETING MINUTES/MEMORANDUM/AGREEMENT
OF THE COMMUNITY RESIDENTS

Regarding...

Today, at... hours... minutes, day... month... year, at..., village, people's group..., the community residents' meeting was organized regarding...

I. Participants

IV. Voting Results

1. For the method of raising hands to vote

Total number of households in the village, people's group ...

Number of household representatives present to vote:..., accounting for ...%

Number of households without representatives present to vote:..., accounting for ...%

Voting results are as follows:

2. For the method of secret ballot voting

Total number of households in the village, people's group ...

Number of household representatives present to cast ballots:..., accounting for ...%

Number of households without representatives present to cast ballots:..., accounting for ...%

Number of ballots issued: ...ballots

Number of ballots received: ...ballots

Number of valid ballots: ...ballots

Number of invalid ballots: ...ballots

Voting results are as follows:

3. For the method of online voting

Total number of households in the village, people's group ...

Total number of household representatives in the village, people's group who agreed to choose the online voting method (accounting for ...%) compared to the total number of household representatives participating in choosing the online voting method.

Number of households with representatives participating in online voting:..., accounting for ...%

Number of households without representatives participating in online voting:..., accounting for ...%

Specific voting results are as follows:

(2)

V. Conclusion of the Meeting

The community residents decided on the following contents...

The meeting concluded at... hours... day... month... year..., the Resolution/Meeting Minutes/Memorandum/Agreement of the community residents' meeting was made in three copies with equal legal validity.

Form number 04

..., day ... month ... year ...

MINUTES OF THE COUNTING SESSION
On the issuance of ballots to solicit opinions from households on...

Today, at... hours... minutes, day... month... year..., at..., village, people's group..., the Ballot Issuance Team conducted the ballot issuance and counting process to solicit opinions from households in the village, people's group...

Content of the ballot issuance to solicit opinions from households: ...

The ballot issuance to solicit opinions from households includes the following persons:

The results of the ballot counting process to solicit opinions from households are as follows:

Number of ballots received: ...ballots

The minutes of the ballot counting process are made in three copies with equal legal validity.

REPRESENTATIVES OF HOUSEHOLDS WITNESSING (Signature, full name)

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

..., day ... month ... year ...

MEETING MINUTES
Draft list of candidates for Village Chief, People's Group Leader
(Term...)

Today, at... hours... minutes, ...day... month... year..., at... village, people's group..., the Mass Mobilization Committee at the village, people's group... convened a meeting to draft the list of candidates for Village Chief, People's Group Leader to be put forward for the community residents' election of Village Chief, People's Group Leader for the term...

1. Composition of the Meeting

Chairperson: Mr./Mrs. ...Position: ...

Attendees...

I

Number of attendees: ...people, absent...with reason.

2. Agenda of the Meeting

Mr./Mrs. ...Chairman of the Mass Mobilization Committee at the village, people's group... announced the list of persons nominated by the Mass Mobilization Committee at the village, people's group... and representatives of households, including self-nominated candidates (if any) for Village Chief, People's Group Leader for the term...

BASED ON THE STANDARDS FOR HEADS OF VILLAGE AND HEADS OF URBAN COMMUNITIES AND THE ELECTION CONDITIONS AS PROVIDED IN THE REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF VILLAGES AND URBAN COMMUNITIES...; THE MEETING DISCUSSED, REVIEWED, AND DETERMINED THE PROPOSED LIST OF CANDIDATES FOR HEADS OF VILLAGE AND HEADS OF URBAN COMMUNITIES... FOR THE HOUSEHOLDS OF THE VILLAGE AND URBAN COMMUNITY... TO ELECT (ATTACHED IS A LIST OF SHORTLISTED CANDIDATES).

1. MR./MS. ...

2. MR./MS. ...

THE MEETING ENDED AT ... O'CLOCK ON ... DAY OF ... MONTH OF ... YEAR ..., THE CONTENT OF THE MEETING WAS DOCUMENTED INTO THREE COPIES WITH EQUAL LEGAL EFFECT.