Nghị định 29/1998/ND-CP

DECREE

PROMULGATING THE REGULATION ON THE EXERCISE OF DEMOCRACY IN COMMUNES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Resolution No.45/1998/UBTVQH10 of the National Assembly Standing Committee of February 26, 1998 on the issuance of the Regulation on the exercise of democracy in communes, wards and townships;
At the proposal of the Minister-Head of the Government Commission for Organization and Personnel,

DECREES:

Article 1.- To issue together with this Decree the Regulation on the Exercise of Democracy in Communes.

Article 2.- This Regulation shall also apply to wards and townships. The Government Commission for Organization and Personnel shall guide the application of this Regulation to wards and townships.

Article 3.- This Decree takes effect 15 days after its signing. All previous provisions which are contrary to this Regulation are now annulled.

Article 4.- The ministers, the heads of the ministerial-level agencies and agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

REGULATION

ON THE EXERCISE OF DEMOCRACY IN COMMUNES

(issued together with Decree No. 29/1998/ND-CP of May 11, 1998 of the Government)

FOREWORD

Democracy is the nature of our regime and State. Our Party and State always respect and bring into full play the people's mastery, creating an enormous strength and making a decisive contribution to the success of our revolution.

The people's mastery in all domains has been prescribed in the Constitution, laws and legal documents of the State.

This Regulation only defines the work to be informed and publicized by the local administration to the people, the work to be directly discussed and decided by the people, the work to be consulted by the people before being decided by the State agencies, the work to be supervised and inspected by the people as well as the forms of implementing the democracy regulations.

Chapter I

GENERAL PROVISIONS

Article 1.- The Regulation on the exercise of democracy in communes aims to bring into full play the commune people's mastery and creativeness, mobilize the peasants' and people's great material and intellectual strengths for economic development, social and political stabilization, to enhance the rural solidarity, improve the people's lives and knowledge, build clean and strong Party organizations, administration and mass organizations in communes, to prevent and overcome the problems of degradation, red tape and corruption, thus contributing to the cause of striving for a prosperous people, a strong country and a equitable and civilized society along the socialist orientation.

Article 2.- Bringing into full play the people's mastery must be closely linked with the mechanism of "the Party leadership, the State management and the people's mastery"; the representative democracy regime must be well promoted, the working quality and efficacy of the People's Councils and the People's Committees must be raised, the direct democracy regime must be well implemented in localities so that the people can directly discuss and decide important and practical issues which are closely associated with their interests.

Article 3.- Democracy must be within the framework of the Constitution and laws; rights must go hand in hand with obligations; democracy must go hand in hand with order and discipline, any acts of abusing democracy to violate e the Constitution and laws and infringe the people's democratic freedoms shall be firmly dealt with.

Chapter II

WORK TO BE INFORMED TO THE PEOPLE

Article 4.- The local administration shall have to promptly and openly inform the people of the following major things:

1. The State's policies and laws.

2. The State's and local administration's regulations on the administrative procedures for settling matters that concern people.

3. The communes' long-term and annual socio-economic development plans.

4. The land use planning and plans.

5. Resolutions of the commune-level People's Councils and decisions of the commune-level People's Committees and those of the higher-levels relating to the localities.

6. The annual estimates and settlements of the communes' budgets

7. The estimates and settlements of revenues and expenditures of funds, projects, mobilized contributions for infrastructure construction, and public facilities of communes, hamlets and villages as well as their implementation results.

8. Programs and projects in the communes directly invested or sponsored by the State, organizations or individuals.

9. Policies and plans on lending of capital for production development, hunger alleviation and poverty reduction.

10. Adjustments of the administrative boundaries of communes and administrative units related to communes.

11. The results of the inspection, supervision and settlement of negative or corrupt cases involving commune, hamlet or village officials.

12. The social and cultural activities, the prevention and fight of social vices, the maintenance of security, social order and safety in communes.

13. The preliminary and sum-up reviews of activities of the commune People's Councils and People's Committees.

14. Other things the local administrations deem necessary and the people request to be informed of.

Article 5.- The commune People's Councils and People's Committees shall have to coordinate with the Fatherland Front Committees and mass organizations in communes as well as with the village or hamlet chiefs in supplying the information mentioned in Article 4 to the people in the following forms:

1. Written documents.

2. Public posting at the offices of the People's Committees and residential quarters and cultural centers.

3. The public-addressing systems of communes, hamlets and villages and local cultural, information and propagation organizations.

4. Meetings between voters and members of the commune People's Councils.

5. Meeting sessions of the commune People's Councils, meetings of the Fatherland Front Committees, mass organizations and associations, meetings of villages or hamlets.

6. Semi-annual and annual meetings to review activities of the commune People's Councils and People's Committees, activity reports and self-criticism statements before people by the presidents of the People's Committees and the chairmen of the People's Councils of communes.

Chapter III

WORK TO BE DIRECTLY DISCUSSED AND DECIDED BY THE PEOPLE

Article 6.- The people in communes, hamlets or villages shall directly discuss and decide the following major work:

1. Undertakings on the contributions and their levels for the construction of infrastructure and public welfare works (power supply, roads, schools, health centers, cemeteries, cultural and sport facilities...).

2. Raising of funds and their revenues and expenditures within the framework of laws,

3. Elaboration of village conventions, rules of cultural villages, building of a civilized life style, maintenance of security and order, abolishment of bad practices, superstition and social vires.

4. Internal affairs of the village or hamlet population communities in compliance with the State's laws.

5. Setting up of boards in charge of supervising construction projects built with the people's contributions.

6. Organization of the protection of production and business.

Article 7.- Apart from the contributions mentioned in Article 6 the local administration, the Fatherland Front Committees, mass organizations and other social organizations may propagate and mobilize donations from the people for the mutual assistance, humani-tarian or charity purpose on the principle of absolute voluntariness without imposing any compulsory and equal contribution on everyone.

Article 8.- Modes of doing work directly decided by the people:

The Party committees shall assume the leading role and the commune People's Communes shall elaborate options, programs and plans. The commune People's Committees shall coordinate with the local Fatherland Front Committees in directing and organizing the discussion and decision making by the people in one of the following forms:

1. Organizing meetings of the people in each hamlet or village, who shall discuss and vote openly or by secret ballots then sending reports thereon to the commune People's Committees.

2. Organizing meetings of household heads who shall discuss and vote openly or by secret ballots then sending reports thereon to the commune People's Committees.

The above-mentioned meetings shall only be held with the participation of at least two thirds of the people (or households) supposed to attend.

3. If meetings are not organized, public poll cards shall be distributed to households to collect their opinions.

With the approval of the majority of the people or households, the commune People's Committees shall organize the implementation of the work under the supervision and inspection of the commune people's inspection boards or the project supervision boards elected by the people. The people shall have the duty to strictly observe the decisions approved by the majority. If they deem the majority's decisions inconsistent with laws or regulations of the local administrations, the commune People's Committees shall propose them to the district People's Committees for consideration and decision.

Chapter IV

WORK TO BE DISCUSSED OR CONSULTED BY THE PEOPLE AND DECIDED BY THE COMMUNE PEOPLE'S COUNCILS AND/OR PEOPLE'S COMMITTEES

Article 9.- The major work to be discussed or consulted by the people before they are decided by the commune People's Councils and/or People's Committees (or submitted to the competent level for decision) includes:

1. Draft long-term planning and annual plans on the communes' socio-economic development, options on the economic and production restructuring, business development and job creation for laborers.

2. Draft planning and plans on the land use in the localities and the efficient management and use of the localities' public land funds.

3. Draft zoning on the residential areas and the schemes on sedentarization and new economic zones. Plans and schemes on the mobilization and use of people's contributions to invest in the construction of infrastructure under the management by communes.

4. Draft schemes on the demarcation and adjustment of communes' administrative boundaries, plans on the division, splitting or establishment of villages or hamlets.

5. Draft plans on the implementation of national programs on health, clean water and environmental hygiene.

6. Undertakings and plans on compensation for ground clearance.

7. Nomination of candidates to stand for the commune People's Council election.

8. Other work deemed necessary by the People's Councils and/or People's Committees.

Article 10.- Modes of doing the work discussed and consulted by the people and decided by the People's Councils and/or People's Committees (or submitted to the competent level for decision).

Basing themselves on the resolutions of the local Party Committees and the commune People's Councils, the commune People's Committees shall draft documents, plans, options and coordinate with the commune Fatherland Front Committees and mass organizations in organizing the collection of public opinions in the following forms:

1. Distributing questionnaires to every household.

2. Organizing meetings of the people or household heads in villages or hamlets for discussion, then sending reports thereon to the commune People's Committees.

3. Organizing meetings of mass organizations and economic organizations for discussion, then sending reports thereon to the commune People's Committees.

4. Establishing mail boxes for public opinions. The collected opinions shall be summed up by the commune People's Committees.

The results of the meetings and public polls must be fully and objectively reported so that the commune People's Committees can consider and sum them up before submitting them to the commune People's Councils for decision according to their jurisdiction or submission to the higher-level for consideration.

Chapter V

WORK TO BE SUPERVISED AND INSPECTED BY THE PEOPLE

Article 11.- Work to be supervised and inspected by the commune people include:

1. Activities of the commune People's Councils and People's Committees.

2. Results of the implementation of the People's Councils' resolutions and People's Committees' decisions.

3. Activities of members of the commune People's Councils and officials of the People's Committees as well as State officials and employees working in the localities.

4. Settlement of citizens' complaints and denunciations.

5. Estimates and final settlement of accounts of the commune budgets.

6. Results of the take-over tests and final settlement of accounts of projects constructed with the people's contributions and the communes' programs and projects directly invested or financed by the State, organizations and/or individuals.

7. Land management and use.

8. Revenues and expenditures of various funds and fees according to the State regulations as well as various contributions of the people.

9. Results of the inspection, supervision and handling of negative and corrupt cases involving commune officials.

10. The implementation of the regimes and policies on preferential treatment, care and support for war invalids, diseased, war martyrs' families, people and families with meritorious services to the country, social insurance and social relief policies.

Article 12.- Modes of implementing work to be supervised and inspected by the people:

1. The people shall supervise the activities and conducts of members of the People's Councils and the People's Committees. They shall be entitled to make proposals, lodge complaints or denunciations about acts of infringing upon the people's mastery or violating laws, corrupt or negative acts committed by members of the People's Councils or the People's Committees.

2. Representatives of mass organizations and people shall be invited as observers to the meeting sessions of the commune People's Councils.

3. Through such organizations as the Fatherland Front Committee, the Ho Chi Minh Communist Youth Union, the Women's Union, the Peasants' Association, the War Veterans' Association and the Aged's Association.

4. Through the people's inspection boards established and operating in accordance with law.

5. The commune People's Committees shall have to organize the reception of people, promptly deal with citizens' proposals, complaints and denunciations in accordance with the provisions of law.

6. When detecting signs of corrupt or negative acts, acts of using for a wrong purpose or slandering budget revenues or expenditures, contributions or funds and the mismanagement of land, the people shall be entitled to request the clarification thereof, the People's Councils, the People's Committees and the direct managers must supply information and fully explain the above-mentioned problems without any restrictions.

Chapter VI

BUILDING OF VILLAGE OR HAMLET POPULATION COMMUNITIES

Article 13.- Communes, hamlets and villages are not an administration level, but are place for live of population communities, place for implementing democracy directly and widely aim to solve internal affairs of the population communities, ensure solidarity, keep social security order and environment hygiene; building life new ;  mutual assistance and help in production and life; conserve and uphold nice tradition and community's fine customs and practices in order to execute well Policies of Party, law of State; execute well rights, obligations of citizen and task assigned by higher-level

Article 14.- Village or hamlet meetings shall be organized once every six months or extraordinarily with the participation of all voters or household heads. They shall be convened and presided over by the village or hamlet chiefs in coordination with the local Fatherland Front's working board and mass organizations, in order to:

1. Discuss and decide internal affairs of the population communities regarding production, infrastructure construction, job creation, hunger elimination and poverty alleviation, solidarity and mutual assistance in production and life, cultural and social issues, environmental hygiene, security, social order and safety in accordance with the State's laws.

2. Discuss the methods to materialize the commune People's Councils' resolutions and the commune People's Committees' decisions, to fulfill citizens' obligations and the tasks assigned by the higher levels.

3. Discuss and contribute opinions to the reports on the working results, and self-criticisms of village or hamlet chiefs, of the chairmen of the People's Councils and the presidents of the People's Committees.

4. Elect or dismiss the village or hamlet chief(s); elaborate village or hamlet conventions and rules; appoint people to various boards, self-managed groups or the people's inspectorate.

The meeting resolutions shall be valid only when they are approved by at least more than half of the participants in the meetings and not at variance with law.

Article 15.- Village or hamlet chiefs shall represent the population communities and the commune People's Committees, place themselves under the management and direction of the commune People's Committees. Village or hamlet chiefs are elected by the people and recognized by the presidents of the commune People's Committees.

Village or hamlet chiefs shall have the following tasks and powers:

1. Guiding, urging, organizing and mobilizing people to fulfill their obligations and exercise their rights, materialize the People's Councils' resolutions and the People's Committees' decisions and perform the tasks assigned by the commune People's Committees.

2. Coordinating with the village or hamlet Fatherland Front's working boards in chairing village or hamlet meetings; organizing the implementation of the population community's decisions.

3. Coordinating with the economic organizations, the Fatherland Front, mass organizations and associations in guiding the people to develop economic activities, improve their living standards, maintain social order and safety and build the infrastructure in the villages or hamlets.

4. Coordinating with the village or hamlet Fatherland Front's working boards in guiding the operation of conciliation boards, security boards, production protection teams and construction boards.

5. Promptly detecting and reporting to the commune People's Committees acts of violating laws, infringing upon citizens' interests and democratic freedoms.

6. Making semi-annual reports on the working results, self-criticisms or reviews and present them before the village or hamlet meetings.

7. Being entitled to participate in training and fostering courses and to enjoy allowances prescribed by the provinces or cities directly under the Central Government.

The People's Committees of the provinces or cities directly under the Central Government shall specify the tasks, powers, working terms and allowances for village or hamlet chiefs.

Article 16.- Villages or hamlets shall elaborate their own conventions and rules on internal affairs of the population communities, with the community's fine customs and practices being inherited and brought into full play in compliance with the provisions of law so as to abolish bad customs, superstition and social evils, build a new, prosperous, beautiful and civilized countryside. Village or hamlet conventions and rules shall be elaborated by the people, proposed by the presidents of the commune People's Committees and approved by the presidents of the district People's Committees.

Article 17.- Villages or hamlets may establish conciliation boards, security boards, production protection teams and construction boards. These organizations shall be elected by the people, managed and directed by the village or hamlet chiefs in coordination with the Fatherland Front's working board.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 18.- All levels and branches shall have to build the grassroots administration into a clean, strong, effective and efficient one. Any manifestations of red tape, irresponsibility or lack of democracy in the handling of work must be overcome.

Article 19.- Regular attention must be paid to the building of a contingent of grassroots officials. There must be plans on training and fostering to raise their educational level, professional skills, political theory and working methods, enabling them to satisfy the requirements of their tasks in the new revolutionary stage.

Article 20.- Officials of the administration at all levels and the people shall have the duty to strictly abide by the provisions of this Regulation.

Article 21.- The provinces and cities directly under the Central Government, rural and urban districts, provincial towns and cities shall have to organize and direct the pilot implementation of this Regulation before it is effected in a broad and stable manner.

Article 22.- The presidents of the People's Committees of all levels shall have to direct the implementation of this Regulation. Quarterly, the presidents of the lower-level People's Committees shall report the implementation results to the higher-level People's Committees. Once every six months, the presidents of the People's Committees of the provinces and cities directly under the Central Government shall report the results of the implementation of the Regulation to the Government through the Government Commission for Organization and Personnel.

Article 23.- The Government Commission for Organization and Personnel shall have to direct, guide and oversee the implementation of this Regulation. The Ministry of Finance shall have to direct and guide their subordinate specialized agencies to examine the communes' finance and budget revenues and expenditures and provide professional fostering for commune financial staff. The State Inspectorate shall have to guide the inspection and supervision in communes, provide professional fostering and guidance for the commune people's inspection boards. The Ministry of Justice and the Ministry of Culture and Information shall have to guide the drafting of village or hamlet conventions and rules.

Article 24.- The Central Committee of the Vietnam Fatherland Front and mass organizations are requested to direct, guide and inspect their subordinate agencies for a good implementation of this Regulation.

Article 25.- In the course of implementation of this Regulation, any organizations and individuals that record merits shall be commended and violators shall be handled in accordance with laws currently in force.