Decree No. 79/2003/NĐ-CP Issuing the Regulation on Implementing Democracy at Communes

DECREE

Issuing the Regulation on Implementing Democracy at Communes

_________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 17/NQ-TW dated March 18, 2002 of the Fifth Plenary Session of the Central Committee of the Communist Party of Vietnam, Ninth Tenure, on "Renewing and Improving the Quality of the Political System at the Grassroots Level of Communes, Wards, and Towns";

Pursuant to Directive No. 10-CT/TW dated March 28, 2002 of the Central Committee Secretariat on Continuing to Vigorously Promote the Construction and Implementation of the Regulation on Implementing Democracy at the Grassroots Level;

At the request of the Minister of Home Affairs,

DECREE:

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

Article 2. The Regulation issued together with this Decree shall apply to both wards and towns. The Minister of Home Affairs shall issue guiding documents for implementing the Regulation on Implementing Democracy at Communes in wards and towns.

Article 3. This Decree takes effect 15 days from the date of publication in the Official Gazette and replaces Government Decree No. 29/1998/NĐ-CP dated May 11, 1998 on the issuance of the Regulation on Implementing Democracy at Communes.

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

REGULATIONS

IMPLEMENTING DEMOCRACY AT COMMUNES
(issued together with Government Decree No. 79/2003/NĐ-CP dated July 7, 2003

 of the government)

Chapter 1:

GENERAL PROVISIONS

Article 1. This Regulation specifies the matters that the People's Council and People's Committee of communes (hereinafter referred to as commune authorities) must promptly and publicly inform the people about; the matters that the people discuss and decide directly; the matters that the people provide opinions before state agencies make decisions; the matters that the people supervise, inspect, and the forms of implementing democracy at communes.

Article 2. The implementation of democracy at communes aims to promote the people's right to be masters, their creativity, mobilize the substantial material and spiritual strength of the people in economic and social development, improve living standards, raise public awareness, stabilize politics, strengthen unity, build clean and strong party organizations, governments, and mass organizations at the commune level, prevent and overcome the decline, bureaucracy, and corruption of some cadres and party members, and social evils, contributing to achieving the goal of a wealthy people, a strong country, a fair, democratic, and civilized society according to the socialist orientation.

Article 3. Promoting the people's right to be masters in conjunction with the mechanism of "Party leadership, State management, people's mastery"; promoting representative democracy, improving the quality and effectiveness of local government operations, implementing direct democracy at the grassroots level so that the people can discuss and directly decide important practical matters related to their rights and obligations.

Article 4. Democracy must be within the framework of the Constitution and laws; combined with order and discipline; rights go hand in hand with duties; firmly deal with acts that abuse democracy, violate the Constitution and laws, infringe upon the interests of the State, collective interests, citizens' freedom, democracy, and legitimate rights.

Chapter 2:

MATTERS THAT NEED TO BE ANNOUNCED FOR THE PEOPLE TO KNOW

Article 5. The commune authorities have the responsibility to promptly and publicly inform the people about the following main tasks:

1. Policies, laws of the State directly related to the rights and interests of the people in the commune, including:

a) Resolutions of the People's Council, decisions of the People's Committee of the commune and higher levels related to the locality;

b) Legal provisions regarding administrative procedures and handling matters related to the people;

c) Regulations of the State and local authorities on the objects, rates of various taxes, fees, and other obligations imposed on the people according to current laws;

2. Long-term and annual plans for economic and social development of the commune;

3. Land planning and land use plans;

4. Annual budget estimates and final accounts of the commune;

5. Estimates, final accounts of income and expenditure of funds, programs, projects, and amounts raised from the people for building infrastructure and public welfare facilities of the commune, village, hamlet, and the results achieved;

6. Programs and projects funded and sponsored directly by the State, organizations, and individuals;

7. Policies and plans for borrowing capital to develop production, eliminate poverty, and reduce poverty;

8. Adjustments to the administrative boundaries of the commune and related units;

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

10. Cultural, social work, prevention of social evils, maintenance of security, order, and social safety in the commune;

11. Mid-term and final reviews of activities of the People's Council and People's Committee of the commune;

12. Plans for land consolidation and reallocation serving structural changes in the economy, agricultural development, farm enterprises, and cooperatives;

13. Evaluation of poor households eligible for production loans and construction of charity houses; implementation of policies for families with meritorious service, martyrs, wounded soldiers, and disabled veterans receiving charity houses, savings books, health insurance cards;

14. Results of selection, priority order, and organization of implementation of works under national programs and projects funded and sponsored directly by the State, organizations, and individuals.

Article 6. The commune authorities are responsible for coordinating with the Vietnam Fatherland Front Committee, its members at the same level, and Village Chiefs to provide information as stipulated in Article 5 of this Regulation for the people to know through the following methods:

1. Publicly posting documents at the People's Committee office and cultural centers;

2. The commune and village radio systems and cultural, information, and propaganda organizations;

3. Meetings with voters organized by commune People's Council representatives;

4. At sessions of the People's Council, meetings of the People's Committee, the Vietnam Fatherland Front Committee, its members at the same level, and village meetings;

5. Sending documents to households or Village Chiefs.

Chapter 3:

MATTERS THAT THE PEOPLE DISCUSS AND DECIDE DIRECTLY

Article 7. The people in communes and villages discuss and decide directly on the following matters:

1. Proposals and contribution levels for building infrastructure and public welfare facilities (electricity, roads, schools, health stations, cemeteries, cultural and sports facilities);

2. Drafting village regulations, cultural norms, civilized lifestyles, maintaining security and order, eliminating outdated customs, superstitions, and social evils;

3. Matters within the internal community of the village, in accordance with current laws.

4. Establish a Construction Supervision Board for projects funded by community contributions;

5. Organize protection of production and business activities, maintain public security, traffic safety, environmental hygiene, and other activities within the commune and village territory.

Article 8. In addition to the contributions specified in Clause 1 of Article 7, other contributions from the people with charitable purposes shall be supported by the People's Committee of the commune in collaboration with the Vietnam Fatherland Front Committee at the same level and its members. They shall promote propaganda and mobilization among the people based on the principle of complete voluntariness, without imposition, allocation, or uniform distribution.

Article 9. Methods for implementing matters decided directly by the people

1. The People's Committee of the commune shall develop plans, programs, and schedules; coordinate with the Vietnam Fatherland Front Committee at the same level to guide and organize the people to discuss and decide on the matters stipulated in Article 7 of this Regulation through one of the following forms:

a) Holding a meeting of all people or household heads or representatives of households in each village to discuss and publicly vote or cast secret ballots;

b) Distributing questionnaires to households to gather opinions.

The process of collecting opinions and public voting during meetings or secret ballot voting on issues determined by the people according to Article 7 of this Regulation must be recorded in minutes to report to the People's Committee of the commune on the content of the meeting and the results of the issues voted upon.

2. If the contents stipulated in Article 7 of this Regulation comply with legal provisions and receive approval from more than 50% of the participants in the meeting or those who provided opinions, the People's Committee of the commune shall issue a decision to recognize them.

3. The People's Committee of the commune shall coordinate with the Vietnam Fatherland Front at the same level to direct the Village Heads and the Heads of the Mass Organization Work Committees to implement the issues decided by the people and recognized by the People's Committee of the commune, under the supervision of the People's Inspection Team or the Construction and Project Supervision Board elected by the people.

4. The people have the responsibility to comply strictly with decisions approved by more than 50% of the households in the commune or village.

Chapter 4:

MATTERS DISCUSSED AND PARTICIPATED IN BY THE PEOPLE, DECIDED BY THE COMMUNE AUTHORITY

Article 10. Matters that the commune authority has the responsibility to bring before the people for discussion or opinion prior to the commune authority making a decision (or submitting it to a competent authority for decision) include:

1. Draft resolutions of the Commune People's Council;

2. Draft planning and annual socio-economic development plans of the commune, schemes for economic structure adjustment, production structure, and industry development;

3. Draft land use planning and management schemes for effective utilization of communal public land funds;

4. Schemes for residential area planning, settlement schemes, new economic zones, plans and projects for mobilizing and using community contributions to invest in infrastructure managed by the commune;

5. Draft schemes for administrative boundary division, village establishment schemes;

6. Draft plans for implementing national target programs in the commune;

7. Policies and compensation schemes for land clearance, infrastructure construction, and resettlement;

8. Employment solutions for workers in the commune;

9. Other matters deemed necessary by the commune authority.

Article 11. METHODS FOR IMPLEMENTING MATTERS DISCUSSED AND PARTICIPATED IN BY THE PEOPLE PRIOR TO DECISION BY THE COMMUNE AUTHORITY (OR SUBMISSION TO A COMPETENT AUTHORITY FOR DECISION)

1. Based on the resolutions of the Party committee and the Commune People's Council, the People's Committee of the commune drafts relevant documents, plans, and schemes, and collaborates with the Vietnam Fatherland Front Committee and its members at the same level to organize public opinion gathering from the people through the following methods:

a) Holding meetings of all people or household heads to discuss;

b) Distributing questionnaires to individual households;

c) Holding meetings of economic organizations to discuss;

d) Setting up suggestion boxes.

2. Opinions gathered from meetings or suggestions must be compiled and reported fully and objectively to the People's Committee of the commune for consideration, and then submitted to the Commune People's Council for decision within its authority, or to higher competent authorities for review and decision.

Chapter 5:

MATTERS SUPERVISED AND CHECKED BY THE PEOPLE

Article 12. Matters supervised and checked by the people in the commune include:

1. Activities of the commune authority, political-social organizations, social organizations, and occupational organizations in the commune;

2. Implementation results of resolutions of the Commune People's Council and decisions and directives of the People's Committee of the commune;

3. Activities and moral conduct of the Chairman of the Commune People's Council and the Chairman of the People's Committee, activities of commune-level People's Council deputies, and commune-level People's Committee officials and civil servants working in the locality;

4. Handling of complaints and denunciations by citizens in the locality;

5. Budget estimates and final accounts of the commune;

6. Process of organizing implementation, acceptance, and final accounts of projects funded by community contributions and state-funded programs and projects directly invested in the commune;, 7. Projects implemented by higher levels on the commune territory that directly affect production, security, order, culture-society, environmental hygiene, and the livelihoods of local residents;

8. Land management in the commune;

9. Collection and expenditure of various types of funds and fees as prescribed by the State, and community contributions;

10. Results of inspections, checks, and resolution of cases of corruption and negative practices involving commune-level officials;

11. Implementation of preferential policies, care, and assistance for war invalids, martyrs' families, those and their families who have contributed to the country, social insurance, and social welfare policies.

METHODS FOR IMPLEMENTING MATTERS SUPERVISED AND CHECKED BY THE PEOPLE

Article 13. The people directly supervise the activities of agencies, organizations, and individuals, or indirectly through political-social organizations representing them or the People's Inspection Board, through the following methods:

1. Participate directly (if invited) or through representative organizations in commune authority meetings discussing issues directly related to their rights and interests;

2. Provide opinions on evaluating the six-month and annual work reports of the commune authority.

2. Take part in commenting on the evaluation reports of the six-month and annual work summaries of the commune authority;

3. Provide comments on the self-criticism report and self-assessment of the Chairman of the People's Council and the Chairman of the People's Committee at the annual work summary meeting;

4. Vote confidence in positions elected by the People's Council;

5. Identify agencies, organizations, and individuals infringing upon the people's ownership rights, showing signs of corruption, waste, misappropriation of public funds and contributions from the people, implementing programs and projects and managing land use and compensation for land clearance contrary to legal provisions, and other violations of the law; report and make recommendations to the local authorities and competent agencies to clarify, resolve, and announce the results of resolution;

Article 14. Responsibilities of agencies, organizations, and individuals regarding the supervision and inspection by the people

1. The People's Committee has the responsibility to:

a) Invite representatives of the Vietnam Fatherland Front and members of the Fatherland Front at the same level, and directly related parties to participate in meetings of the local authority to discuss issues related to the direct rights and interests of the local population;

b) Consider and resolve complaints and suggestions from organizations and individuals within their jurisdiction and inform the complainants of the results;

c) Submit cases exceeding their jurisdiction to competent authorities;

2. The Chairman of the People's Council and the Chairman of the People's Committee have the responsibility to send the Village Head the self-criticism report and self-assessment at the annual summary meeting so that the Village Head can organize the people to provide comments;

3. Annually, the Vietnam Fatherland Front organizes a vote of confidence from its members towards key positions elected by the People's Council. If the percentage of votes of confidence is less than 50% of those participating, the Vietnam Fatherland Front will request the People's Council to consider and remove them from office;

4. The Village Head cooperates with the Head of the People's Front Work Group to organize meetings to collect opinions from the people on matters decided by the people themselves; compile and report accurately, objectively, and truthfully the opinions of the people in writing to the local authority;

5. The people shall not gather in large groups to appeal beyond their level, causing disorder and security breaches, or opposing officials performing their duties while their complaints are being considered and resolved according to the law;

Chapter 6:

BUILDING THE COMMUNITY IN VILLAGE

Article 15. The village is where the community resides, a place to implement direct and extensive democracy to promote self-management activities of the community, and a place to organize the people to implement policies and guidelines of the Party, state policies and laws, and tasks assigned by superiors. The People's Committee has the responsibility to guide, support, supervise, and inspect the activities of the village;

Article 16. The village people's conference is held every six months, and extraordinary meetings may be convened if necessary;, including all voters or household heads or voter representatives for the purpose of:

1. Discussing and deciding internal community affairs concerning production, infrastructure construction, employment, poverty reduction, mutual assistance in production and daily life, cultural, social, environmental hygiene, security, and social safety issues in compliance with the law;

2. Discussing measures to implement resolutions of the People's Council, decisions of the People's Committee, civic duties, and tasks assigned by superiors;

3. Discussing and providing comments on the reports of self-criticism and self-assessment of the Village Head, the Chairman of the People's Council, and the Chairman of the People's Committee;

4. Electing and removing the Village Head; establishing village regulations and conventions; electing self-management committees and people's supervisory committee members;

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

Article 17. Duties and powers of the Village Head

1. The Village Head is directly elected by the people at the village people's conference and recognized by the decision of the Chairman of the People's Committee after review, and is subject to the management and direction of the People's Committee. The Chairman of the People's Committee has the right to criticize, warn, temporarily suspend, or dismiss the Village Head who fails to fulfill their duties, violates the people's ownership rights, engages in corruption and waste, does not comply with the direction and management of the People's Committee, violates the law, and breaches superior regulations;

2. Duties, responsibilities, and powers of the Village Head

a) Chair and coordinate with the People's Front Work Group and mass organizations in the village during the implementation process, including convening and chairing village meetings, organizing the implementation of village decisions, organizing the people to effectively implement democratic regulations, organizing the establishment and implementation of village conventions, ensuring unity, maintaining order and safety in the village, organizing the implementation of tasks assigned by the People's Committee, collecting and reflecting the legitimate wishes of the people to the local authority for resolution, signing service contracts for production and infrastructure construction based on the resolutions of the village people's conference;

b) Regularly report on self-criticism and self-assessment every six months and annually. Annually, the People's Front Work Group together with members of the Front in the village organize a vote of confidence in the Village Head. If the percentage of votes of confidence is less than 50% of those participating, they will propose the village people's conference to consider removal and report to the Chairman of the People's Committee for decision;

c) Be invited by the People's Committee to attend meetings on related issues. Report monthly on work progress to the People's Committee;

d) Participate in training courses and receive allowances as stipulated by the provincial or centrally-administered city;

Article 18. The village establishes conventions and regulations concerning internal community affairs, inheriting and promoting traditional customs, in accordance with current legal provisions to eliminate outdated customs, superstitions, social evils, maintain security and traffic safety, environmental hygiene, and build a new, prosperous, and civilized countryside.

Village covenants and regulations are discussed and approved at the People's Conference. The village head submits the approved village covenants and regulations to the People's Committee of the commune. After reaching consensus with the Chairman of the Commune People's Council and the same-level United Front Work Committee, the Chairman of the Commune People's Committee shall issue a letter requesting the approval of the village covenants and regulations from the Chairman of the County People's Committee. The Justice Office and the Culture and Information Office at the county level are responsible for assisting the Chairman of the County People's Committee in reviewing the village covenants and regulations before approving them.

Article 19. The village may establish committees such as mediation, security, production protection, and construction. These organizations are established or dissolved based on the practical needs of each locality. Members of these organizations are elected by the people. Activities of these organizations are chaired by the village head, in coordination with the Mass Organization Work Board for management and direction.

Chapter 7:

IMPLEMENTING PROVISIONS

Article 20. All levels and sectors have the responsibility to build grassroots administrative bodies that are clean, strong, effective, and efficient, addressing manifestations of bureaucracy, lack of responsibility, and loss of democracy in handling tasks; they must consistently focus on building a cadre team at the grassroots level; there should be plans to train and educate cadres about cultural level, professional skills, political theory, and work methods to meet the requirements of the new revolutionary period.

Article 21. Cadres and civil servants at all levels and the people have the obligation to strictly comply with the provisions of this Regulation.

Article 22. The Chairmen of People's Committees at all levels are responsible for directing the implementation of this Regulation. Every six months, the Chairman of the lower-level People's Committee reports the results of implementation to the Chairman of the higher-level People's Committee; annually, the Chairman of the Provincial or Central City People's Committee reports the results of implementation to the Government (through the Ministry of Home Affairs).

Article 23. The Ministry of Home Affairs is responsible for directing, guiding, and supervising the implementation of this Regulation. The Ministry of Finance is responsible for directing and guiding subordinate agencies to inspect financial matters and budget revenues and expenditures of communes, and providing professional training for commune finance officials. The State Inspectorate is responsible for guiding inspection and supervision activities at the commune level, and providing training and guidance on professional matters for the People's Inspectorate Committees at the commune level. The Ministry of Justice and the Ministry of Culture, Sports and Tourism are responsible for guiding the establishment of village covenants and regulations.

Article 24. It is recommended that the Vietnam Fatherland Front Central Committee and its members direct, guide, and supervise subordinate levels to effectively implement the tasks stipulated in this Regulation.

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

In places where the Regulation is not organized and implemented or is implemented superficially and ineffectively, the Chairman of the Commune People's Committee shall bear responsibility and be subject to disciplinary action depending on the severity of the violation. The form of disciplinary action against the Chairman of the Commune People's Committee is determined by the Chairman of the County People's Committee.