Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law stipulates the content and methods of implementation of democracy at the grassroots level; the rights and obligations of citizens concerning implementation of grassroots democracy and the responsibilities of agencies, units, entities and persons for implementation of grassroots democracy.
Article 2. Definition
For the purposes of this Law, terms used herein are construed as follows:
1. Grassroots (or grassroots level) refers to communes, wards or townships (hereinafter referred to as commune level) or residential communities in commune-level areas; state agencies, public non-business units (hereinafter referred to as public entities); employing entities.
2. Implementing democracy at the grassroots level refers to an approach to promoting the People's mastery to enable citizens, public officials, staff members and employees to be informed, express their will, aspiration and view point through the process of consultation, contribution of opinions, decision making, inspection and supervision of issues at the grassroots level in accordance with the national Constitution and law.
3. Residential community refers to a group of Vietnamese citizens living in a village, hamlet (otherwise called in ethnic languages) (hereinafter referred to as village), residential group, quarter, street block, cluster and sub-zone (hereinafter referred to as residential group).
4. Employing entity (also employer) refers to a state enterprise and other business entity or legal person that hires and engages workers and employees under an employment contract in the non-State sector.
Article 3. Principles of implementation of grassroots democracy
1. Ensure the rights of citizens, public officials, staff members and workers or employees can be informed of, contribute their opinions to, make their decisions on, and inspect and supervise the implementation of democracy at the grassroots level.
2. Ensure the leadership of the Party, the management of the State, the core role of the Vietnam Fatherland Front and socio-political organizations in the implementation of democracy at the grassroots level.
3. Implement democracy at the grassroots level within the ambit of the national Constitution and laws; maintain order and discipline and avoid obstructing the normal operation of local authorities at communes and employing entities.
4. Protect State interests, legitimate rights and interests of natural or legal persons.
5. Ensure publicity, transparency and enhanced accountability in the process of implementing democracy at grassroots level.
6. Respect public opinions, promptly address public recommendations or petitions.
Article 4. Ambit of the practice of grassroots democracy
1. All citizens shall exercise democracy in the communes, wards, townships, villages and neighborhood groups where they reside.
2. Citizens who are public officials, staff members and employees shall exercise democracy in the agencies and units where they work. In case where an entity (parent entity) has its directly controlled unit (subsidiary), the implementation of democracy in the subsidiary shall be decided by the head of the parent entity.
3. Citizens who are workers shall exercise democracy at the employing entity where they are employed under employment contracts. In case an employing entity has its directly controlled unit (subsidiary), the implementation of democracy in this subsidiary shall comply with the provisions of the charter, internal rules and regulations of the employing entity and relevant laws.
Article 5. Entitlements of citizens to implementation of grassroots democracy
1. Have access to disclosure and request provision of adequate, accurate and timely information in accordance with law.
2. Propose initiatives, contribute opinions, discuss and decide on matters relating to implementation of democracy at the grassroots level in accordance with the provisions of this Law and other relevant laws.
3. Carry out inspection and supervision relating to; file petitions, complaints, grievances and lawsuits against decisions and offences against law on the implementation of grassroots democracy in accordance with law.
4. Receive recognition, respect, protection and get assured of legitimate rights and interests in the implementation of democracy at the grassroots level in accordance with the provisions of law.
Article 6. Obligations of citizens to implementation of grassroots democracy
1. Comply with laws regarding implementation of grassroots democracy.
2. Contribute opinions about survey questions raised at the grassroots level in accordance with the provisions of this Law and other relevant laws.
3. Abide by decisions of residential community, local authorities, agencies, units and employing entities.
4. Promptly file complaints, petitions and grievances to competent authorities when detecting any violation against law on implementation of democracy at the grassroots level.
5. Respect and protect social order, safety, and national interests, legitimate rights and interests of natural or legal persons.
Article 7. Right of enjoyment of citizens
1. Obtain recognition, respect and protection, and get assured of human rights and citizens' rights in terms of political, civil, economic, cultural and social aspects from the State and laws. Receive guarantee for their exercise of the rights to implementation of democracy at the grassroots level in accordance with this Law and other relevant laws.
2. Get themselves fully and promptly informed about lawful rights and interests, social security and social welfare policies as prescribed by law and decisions of local authorities, agencies, units and entities offering them residence or work.
3. Enjoy the achievements of the socio-economic reform and growth, benefits from social security, safety and stability of the nation, localities, employing institutions or entities and the results of implementation of democracy in the places where they live or work.
4. Gain access to training, work, production or business opportunities to improve and enhance the material and spiritual life of their own, families and community.
Article 8. Measures for assurance of implementation of grassroots democracy
1. Provide training to enhance professional skills and qualification for persons tasked with enforcing law on implementation of democracy at grassroots level.
2. Strengthen the work of information, propaganda, dissemination and education of the law on the implementation of democracy at grassroots level; raise public awareness about ensuring the implementation of democracy at the grassroots level.
3. Enhance the responsibilities of institutions and entities, the role as a man of exemplary character of officeholders, Party members, public officials, staff members, public employees and part-timers at communes, villages and residential quarters in the implementation of democracy at grassroots level, and the role in ensuring the implementation of democracy at the grassroots level; consider implementation of democracy at the grassroots level by communes, institutions and entities as an indicator used for assessment of performance.
4. Give credit or awards to men of exemplary character or persons achieving much success in duly promoting and implementing the grassroots democracy; detect and strictly sanction institutions, entities or persons violating the law on implementation of democracy at grassroots level.
5. Provide support or incentive for the application of information technology, science and technology advances, and the use of technical instrumentalities or equipment, and other necessary conditions for implementation of grassroots democracy in line with the progress in building e-government, digital government and digital society.
Article 9. Prohibited acts during implementation of grassroots democracy
1. Hinder, annoy or intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy.
2. Perform the act of screening, hindrance or repression or negligence in handling petitions, complaints, grievances or denunciations; disclose information about whistleblowers or informants of offences related to the implementation of grassroots democracy.
3. Exploit the implementation of grassroots democracy to commit an act of endangering national security, social order and safety, interests of the State, legitimate rights and interests of entities and persons.
4. Exploit the implementation of grassroots democracy to commit an act of distortion, slander, provocation of conflicts, incitement to violence, regional or geographic, gender, religion or belief, race or ethnicity discrimination, or infliction of losses or damage to persons, institutions or entities.
5. Forge documents, perform fraudulent acts or plots to falsify results of public consultation or comment.
Article 10. Imposition of sanctions or penalties relating to implementation of grassroots democracy
1. Persons committing offences against law relating to implementation of grassroots democracy shall, depending on the nature and seriousness of each offence, suffer corresponding sanctions or penalties or legal action taken in the form of criminal prosecution; in case where any loss or damage occurs from the predicate offence, compensation must be paid under law.
2. Entities that violate the provisions of this Law and other provisions of law related to the implementation of democracy at the grassroots level shall, depending on the nature and seriousness of their violations, be administratively sanctioned; If they cause any loss or damage, they shall be liable for compensation defined by law.
3. Any public official, staff member or employee who abuses his/her position or power to violate the provisions of this Law, act against the interests of the State, and the lawful rights and interests of entities or persons, shall, depending on the nature and seriousness of each offence, be subject to disciplinary action or criminal prosecution; in case of causing any loss or damage, they shall be liable for compensation paid under law.
4. Imposing administrative penalties or disciplinary action for offences against law on implementation of grassroots democracy shall be as provided under the Government’s regulations.
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