ORDINANCE: On implementation of democracy at the commune level

National Assembly Standing Committee
No. : 34/2007/PL-UBTVQH11

Socialist Republic of Vietnam
Independence – Freedom - Happiness


ORDINANCE
On implementation of democracy at the commune level

Pursuant to the Constitution of Socialist Republic of Vietnam in 1992 which has been revised and supplemented according to the Resolution No. 51/2002/QH10 of December 25, 2001 of the National Assembly Congress X, Session 10;

This Ordinance promulgates regulations on implementation of democracy at the commune level.

Chapter I
GENERAL PROVISIONS

Article 1. Governing Scope
This Ordinance promulgates contents that are to be disclosed to the public; contents that are to be discussed and decided by the people; contents that are to be commented by the people before decided by the competent agencies; contents that are monitored by the people; responsibilities of governments, officials and civil servants at the commune level, the village level, and the cluster level; responsibilities of related agencies, organizations, individuals and the people in implementation of democracy at the commune level.

Article 2. Principles to implement democracy at the commune level
1. Ensuring orders and disciplines in the framework of the Constitution and laws.
2. Ensuring the people’s right to know, contribute comments, decide, implement and monitor implementation of democracy at the commune level.
3. Protecting the State benefits, legal rights and benefits of organizations and individuals.
4. Publicity, transparency in implementation of democracy at the commune level.
5. Ensuring leadership of the Party, and management of the State.

Article 3. Responsibilities of organizations that implement democracy at the commune level
1. Within their powers and responsibilities, People Councils and People Committees at the commune level, related agencies, organizations and individuals are responsible for organizing implementation of democracy at the commune level.
2. People Councils and People Committees at the commune level are responsible for cooperating with the Vietnam Fatherland Front Committee and member organizations of the Vietnam Fatherland Front at the same level to organize implementation of democracy at the commune level.
3. The Vietnam Fatherland Front Committee and its member organizations at the commune level are responsible for monitoring implementation and propaganda, movement of the people to implement democracy at the commune level.

Article 4. Prohibited behaviors
1. Do not do contrary to regulations on implementation of democracy at the commune level.
2. Do not victimize those who have complaints, denunciations and recommendations related to implementation of democracy at the commune level.
3. Do not protect, prevent or lack of responsibilities for settlement of complaints, denunciations and recommendations related to implementation of democracy at the commune level.
4. Take advantage of implementation of democracy at the commune level to violate social safety and orders; violate the state benefits, legal rights and benefits of organizations and individuals.

Chapter II
CONTENTS TO BE PUBLICIZED

Article 5. Contents to be publicized
1. Socio – economic development plans and schemes to transform economic structure, estimates and final accounts of annual budget at the commune level.
2. Investment projects and buildings, priority, implementation progress, compensation schemes, subsidies for resettlement and reallocation related to projects and buildings at the areas managed by the commune level; detailed planning and plans to use land and regulatory scheme, resident planning at areas managed by the commune level.
3. Responsibilities and powers of officials and civil servants related to settlement of affairs of the people.
4. Management and use of funds, investment amounts, aids according to programs and projects for the commune level; mobilized amounts from contribution of the people.
5. Guidelines and plans of capital loan for the people to develop production and poverty eradication; methods and results of definition of poor households that are entitled to borrow capital for their production development, of social subsidies, houses of gratitude, health insurance cards.
6. Schemes on new establishment, integration, divisions of administrative units, administrative territory regulation related directly to the commune level.
7. Results of investigation, inspection and settlement of negative cases, and corruption case of officials and civil servants at the commune level, the village level and the cluster level; results of trust voting for the chairman and vice chairmen of People Councils and People Committee at the commune level.
8. Contents and results of receipt of the people’s feedback for issues decided by the commune level are required to get feedback by the commune governments in accordance to the Article 19 of this Ordinance.
9. Objects and levels of fees, charges and other financial obligations that are collected directly by the commune governments.
10. Legal regulations on administrative procedures, settlement of affairs related to the people that are implemented directly by the commune governments.
11. Other contents according to legal regulations, required by state competent agencies or commune governments if necessary.

Article 6. Forms of publicity
1. The contents stipulated at the Article 5 of this Ordinance are publicized under the following forms:
a) Posting publicly at the headquarters of people councils and people committees at the commune level;
b) Publicizing on the broadcasting system of the commune level;
c) Publicizing through heads of villages, heads of people clusters to inform to the people.
2. Commune governments are able to apply simultaneously many forms of publicity stipulated at item 1 of this Article; to carry out information provision as stipulated at the Article 32 of the Law on Anti-corruption.

Article 7. Publicity with the form of posting
1. Contents stipulated at item 2, item 3, item 9 and item 10 of the Article 5 of this Ordinance are to be posted at headquarters of People Councils and People Committee at the commune level.
2. Commune governments are responsible for posting the contents stipulated at item 1 of this Article after 2 days as latest since the approval date, signing date for issues decided by commune governments or since the receipt date for issues decided by the state higher level agencies.
3. Posting duration of the contents stipulated at item 2 and item 9 of the Article 5 of this Ordinance is 30 continuous days at least since the posting date; the contents stipulated at item 3 and item 10 of the Article 5 of this Ordinance are to be posted regularly.
Article 8. Publicity via the broadcasting system and through heads of villages and heads of people clusters to inform to the people
1. The contents stipulated at item 1, item 4, item 5, item 6, item 7, item 8 and item 11 of the Article 5 of this Ordinance are publicized on the broadcasting system of the commune level or sent to heads of villages and heads of people clusters to inform to the people.
2. Commune governments are responsible for publicizing the contents stipulated at item 1 of this Article after 2 days as latest since approval date, signing date of the documents for issues decided by the commune level or since the receipt date of documents for issues decided by state higher level agencies.
3. Publicity duration on the broadcasting system of the commune level is 3 continuous days.

Article 9. Responsibilities to organize implementation of publicized contents.
1. Commune People Committees are responsible for preparing and approving publicized contents with stating clearly methods to deploy implementation, implementation time and responsibilities to organize implementation.
2. The chairman of the commune people committee is responsible for organizing and directing implementation of approved plans and schemes.
3. Commune People Committees report to the commune People Councils on process and results of implementation of publicized contents at latest meeting of the People Council.

Chapter III
CONTENTS DISCUSSED AND DECIDED BY THE PEOPLE

Section 1
CONTENTS, FORMS OF THE PEOPLE’S DISCUSSES AND DECISIONS

Article 10. Contents discussed and decided directly by the people
The people discuss and decide directly policies and levels of contributions for building public infrastructure, welfare works within the commune level scope, village level scope and cluster level scope that are contributed by the people partially or totally and other affairs within internal community in accordance to legal regulations.

Article 11. Forms of the people’s discussion and decisions
1. The people discuss and decide directly the contents stipulated at the Article 10 of this Ordinance with one of the following forms:
a) Organizing meetings with voters or household representative voters in villages and people cluster;
b) Providing feedback cards to voters and household representative voters.
2. For cases of meetings with voters or household representative voters, voting is carried out by hand raising or ballot; form of voting is to be decided by the conference; if number of approvers does not exceed 50% of total voters or household representative voters in the village or the people cluster or the whole commune level, the meeting is to be re-organized.
3. If the meeting failed to be re-organized, provide feedback cards to voters or voters representing for households.

Article 12. Implementation worthiness of issues discussed and decided directly by the people
1. The contents stipulated at the Article 10 of this Article that are discussed and decided directly, if approved by more than 50% voters or household representative voters in the village, the people cluster or the whole commune level are deserved to be implemented.
2. The people are responsible for participating in discussing and deciding affairs of the village, the people cluster and the commune level according to legal regulations; executing and implementing decisions that are worthy of implementation.
3. Commune governments cooperate with the Vietnam Fatherland Front Committee and its member organizations to organize propaganda, movement and persuasion for voters and households that do not agree with implementation of decisions that are worthy of implementation.

Section 2
CONTENTS, FORMS OF THE PEOPLE’S DISCUSSION, VOTING FOR COMPETENT LEVELS TO DECIDE

Article 13. The contents discussed and voted by the people
1. Regulations and consents of the village and the people cluster.
2. Voting, suspending, and dismissing the head of villages and people clusters.
3. Voting, suspending, and dismissing members of the people inspection board and the commune investment supervision board.

Article 14. Forms of the people’s discussion and voting
1. The people discuss and vote the contents stipulated at the Article 13 of this Ordinance with one of the following forms:
a) Organizing meetings with voters or household representative voters in each village and people cluster;
b) Providing feedback cards to voters or household representative voters.
2. For cases of meetings with voters or household representative voters, voting is carried out by hand raising or ballot; form of voting is to be decided by the conference; if number of approvers does not exceed 50% of total voters or household representative voters in the village or the people cluster or the whole commune level, the meeting is to be re-organized.
3. If the meeting failed to be re-organized, provide feedback cards to voters or voters representing for households, except voting, suspending and dismissing heads of villages and people clusters.

Article 15. Implementation worthiness of issues discussed and voted by the people
1. The contents stipulated at item 1 of the Article 13 of this Ordinance, if approved by more than 50% of total voters or household representative voters in the village and the people cluster, are deserved to be implemented after the district people committee issues the decision to recognize them.
2. The contents stipulated at item 2 of the Article 13 of this Ordinance, if approved by more than 50% of total voters or household representative voters in the village and the people cluster, are deserved to be implemented after the commune people committee issues the decision to recognize them.
3. The contents stipulated at item 3 of the Article 13 of this Ordinance, if approved by more than 50% of total voters or household representative voters, are deserved to be implemented after they are recognized by the Vietnam Fatherland Front Committee.

Article 16. Recognition of the contents discussed and voted by the people
1. Recognition of regulations and consents of the village and the people cluster is implemented as follows:
a) The heads of the village and the people cluster are responsible for reporting to the commune people committee on results of the people’s discussions and voting;
b) Within 3 working days since the receipt date of the reports of the village head and the people cluster head, the commune people committee is to set up a dossier to submit to the district people committee.
c) Within 7 working days since the receipt date of the dossier submitted by the commune people committee, the district people committee is to consider and issue the decision to recognize it; if it is not recognized, response in writing is to be made with clarified reasons.
2. Recognition of results of voting, suspending and dismissing the village head and the people cluster head is implemented as follows:
a) The person who chairs the meeting of the village and the people cluster is responsible for making minutes and reporting to the commune people committee on results of voting, suspending and dismissing the village head and the people cluster head;
b) Within 5 working days since the receipt date of the report, the commune people committee is to consider and issue the decision to recognize it; if it is not recognized, response in writing is to be made with clarified reasons.
3. Recognition of results of voting and dismissing members of the people inspection board and community investment supervision board is implemented as follows:
a) The person who chairs the meeting is responsible for reporting to the Vietnam Fatherland Front Committee on results of voting and dismissing members of the people inspection committee and the community investment supervision board;
b) Within 5 working days since the receipt date of the report, the Vietnam Fatherland Front Committee at the commune level is to consider and recognize it; if it is not recognized, response in writing is made with clarified reasons.

Section 3
RESPONSIBILITIES TO ORGANIZE THE CONTENTS DISCUSSED AND DECIDED BY THE PEOPLE

Article 17. Responsibilities of the commune people committee and the chairman of the commune people committee
1. The commune people committee prepares and approves implementation plans of the contents discussed and decided by the people; cooperates with the Vietnam Fatherland Front Committee and social – political organizations at the same level to organize implementation; directs the village head and the people cluster head to implement the approved plan.
2. The chairman of the commune people committee is responsible for making general minutes of results of contents that are brought for the people to discuss and decide; cooperating with the Vietnam Fatherland Front Committee at the commune level to organize voting, suspending and dismissing the village head and the people cluster head.
3. The commune people committee reports to the commune people council on process and results of implementation of contents discussed and decided by the people at the latest meeting of the people council.

Article 18. Responsibilities of the village head and the people cluster head
1. Leading and cooperating with working teams of the Fatherland Front villages and people clusters to organize meetings with voters or household representative voters, provide feedback cards to voters or household representative voters so that the people can implement the contents stipulated at the Article 10, item 1 and item 3 of the Article 13 of this Ordinance.
2. Making minutes of results of affairs of the village and the people cluster that are discussed and decided directly by people at villages and people clusters.
3. Making minutes of results affairs at the commune level that are discussed and decided directly by the people; reporting results to the commune people committee.
4. Organizing implementation of affairs at scope of the village and the people cluster that have been decided by the people.

Chapter IV
CONTENTS COMMENTED BY THE PEOPLE BEFORE DECIDED BY THE COMPETENT AGENCY

Article 19. Contents commented by the people
1. Preparing the commune socio – economic development plan; scheme of transformation of economic structure and production structure; schemes of sedentarization, new economic zones and trade development at the commune level.
2. Drafting concrete planning and plans of land use and scheme on adjustments of management and use of the commune land fund.
3. Drafting plans to deploy programs and projects at in communes; policies, compensation schemes, resettlement schemes, infrastructure construction schemes, reallocation schemes, resident planning schemes.
4. Drafting schemes of new establishment, integration and division of administrative units, adjustments of administrative territories related directly to the commune level.
5. Other contents that are required to have the people’s comments according to the laws, at the requests of the state competent agencies or commune governments if necessary.

Article 20. Forms for the people to provide comments
1. Meetings with voters or household representative voters in each village and each people cluster.
2. Providing feedback cards to voters or household representative voters.
3. through the box of suggestion letters.

Article 21. Responsibilities of the commune governments in organizing implementation of contents commented by the people
1. The commune people committee is responsible for setting up and approving plans in order to get the people’s comments on contents of approval competence of the commune governments, including stating clearly forms of deployment, implementation time and responsibilities.
2. The commune people committee cooperates with the Vietnam Fatherland Front Committee and socio – politic organizations at the same level to organize the implementation of the approved plans.
3. The chairman of the commune people committee is responsible for directing organization of getting feedback and synthesizing feedback of voters or household representative voters; studying feedback and informing the people of receipt of opinions of voters or household representative voters.
For the case that the commune government decides contents stipulated at the Article 19 of this Ordinance differently from opinions of the majority, it is required to state reasons clearly and to be responsible for its decision.
4. For contents assigned by the competent agencies to the commune governments to get opinions, feedback of the people, the commune people committee is responsible for developing and approving implementation plans, in including stating clearly deployment forms, implementation time and responsibility; directing organization of implementation, synthesis of opinions and reporting to the competent agencies on results of getting the people’s opinion at communes.
5. The commune people committee reports to the commune people council on process and results of implementation of contents that are brought for the people to comment at the latest meeting of the people council.

Article 22. Responsibilities of the higher level competent agencies for organizing implementation of contents commented by the people
1. Getting the people’s opinions before deciding affairs related directly to rights and benefits of the commune citizens.
2. Directing the commune level to organize for getting feedback and opinions of the people at the commune level.
3. Providing necessary documents for organizing for getting feedback and opinion of the people.
4. Receiving the people’s comments on contents that are brought to the people for comments. For cases the competent agencies decide the contents stipulated at the Article 19 of this Ordinance differently from opinions of the major, they are required to provide clear reasons and to be responsible for their decisions.

Chapter V
CONTENTS MONITORED BY THE PEOPLE

Article 23. Contents monitored by the people
The people monitor implementation of the contents stipulated at Article 5, 10, 13 and 19 of this Ordinance.

Article 24. Forms of implementation of the people’s monitoring
1. The people implement their monitoring through operations of the people inspection board and the community investment supervision board.
The operation process and procedures of the people inspection board and the community investment supervision board are implemented according to the legal regulations.
2. The people implement directly their monitoring through their rights of complaints, denunciations and recommendations to competent agencies and organizations or petitions through the Vietnam Fatherland Front Committee, its member organizations at the commune level, the people inspection committee and the community investment supervision board.
Process and procedures of complaints, denunciations and recommendations of the people are implemented according to the legal regulations.

Article 25. Responsibilities of agencies, organizations and individuals in implementation of the people’s monitoring
Within the scope of their responsibilities and powers, agencies, organizations and individuals have the following responsibilities:
1. Providing sufficiently and in time manner necessary information and documents to the people inspection board and the community investment supervision board;
2. Considering, settling and responding in time manner complaints, denunciations and recommendations of the people inspection board, the community investment supervision board, the Vietnam Fatherland Front Committee, member organizations of the commune Front or reporting to competent agencies on issues that are not of their settlement competence;
3. Settling those who have behaviors preventing operations of the people inspection board and the community investment supervision board or those who have behaviors of revenge and victimization for citizens who have complaints, denunciations and recommendations according the legal regulations.

Article 26. Ballots
1. Every two years, in every tenure of the commune people council, the Vietnam Fatherland Front Standing Committee and the personnel level organize ballot for the chairmen, vice chairmen of the commune people committee and the commune people council.
2. Components of the ballot consist of members of the Vietnam Fatherland Front Committee, members of the standing committees of commune socio – political organizations, heads of the people inspection boards, heads of the community investment supervision board (if any), the Party Secretary, the village head, the people cluster head, and the commune Front head.
3. The Vietnam Fatherland Front Standing Committee at the commune level is to send results of the ballot and their recommendations to the commune people council and competent agencies and organizations.

Chapter VI
IMPLEMENTATOIN PROVISIONS

Article 27. Implementation effectiveness
1. This Ordinance takes effects since the 1st of July, 2007.
2. The Government’s Decree No. 79/2003/ND-CP of July 07, 2003 promulgating Regulations on implementation of democracy at the commune level is to be annulled since the effective date of this Ordinance.

Article 28. Implementation guidelines
The Government and the central Vietnam Fatherland Front Committee within their scope of responsibilities and powers are to provide guidelines on the contents stipulated at the Article 11, 14, 16, 22 and 26 of this Ordinance.

Hanoi, April 20, 2007
On behalf of the National Assembly Standing Committee
The Chairman

Nguyen Phu Trong