Chương III Luật Thực hiện dân chủ ở cơ sở 2022: Thực hiện dân chủ ở cơ quan, đơn vị

Chapter III

IMPLEMENTATION OF DEMOCRACY AT WORKPLACE

Section 1. DISCLOSURE OF INFORMATION AT WORKPLACE

Article 46. Matters that must be made available for public access by heads of workplaces

Except data or information classified as state secrets, work secrets or those of which disclosure is prohibited in accordance with law, heads of workplaces shall have a duty to disclose the following intra mural:

1. Guidelines and policies of the Party and national laws related to the organization and operation of their workplaces;

2. Annual, quarterly and monthly work plans of their workplaces;

3. Explanatory data or reports on the state budget estimate approved by the competent authority, and other financial sources; progress of implementation of the budget estimate and financial accounts of budget of each workplace; results of implementation of the State Audit's recommendations (if any);

4. Standards, quotas, administrative procedures regarding public assets; situation of investment, construction, procurement, delivery, lease, use, withdrawal, transfer, alteration of functions, sale, liquidation, destruction and other forms of management of public property; situation of exploitation of financial resources derived from public property put under their control or custody;

5. Principles, criteria and quotas for allocation of public investment capital; principles, criteria and grounds for determining the list of projects included in the medium-term and annual public investment plans; public investment plans and programs of workplaces, capital allocated each year, progress of implementation and disbursement of public investment programs’ capital; medium-term and annual public investment capital allocation plans, including the list of projects and the level of public investment capital for each project; review reports on mobilization of resources and other capital sources for participation in the implementation of public investment projects; review and results of implementation of plans, programs and projects; progress of implementation and disbursement of budget for projects; results of acceptance testing and evaluation of programs and projects; final accounts of public investment capital;

6. Recruitment, receipt, training, education, transfer, appointment, re-appointment, rotation, secondment, resignation, dismissal, planning and change of working positions; employment contracts, change of professional titles, change of working positions, termination of employment contracts; business trips to foreign countries; payment of benefits, increase in pay levels, professional ranks, evaluation and categorization of public officials, civil servants, public employees and workers; rewarding, sanctioning, dismissal and retirement of public officials, civil servants, public employees and workers; proposals, projects, programs, plans and development of legal normative documents of workplaces;

7. Conclusions of competent authorities on cases of misconduct, corruption or extravagance at the workplace; declaration of assets and income of the persons who are obliged to provide such declaration according to the provisions of law;

8. Results of inspection, examination and settlement of complaints, denunciations and motions within workplace;

9. Workplace rules and regulations; codes of conduct of people holding positions and powers in the workplace;

10. Consolidation results of opinions, clarifications, explanations and responses to opinions of public officials, civil servants, public employees and workers regarding the matters on which they comment as prescribed in Article 53 of this Law;

11. Regulatory and executive documents of senior agencies related to operation of workplaces;

12. Others as covered by laws and regulations on implementation of democracy at workplace.

Article 47. Method and time of disclosure of information at workplace

1. Information shall be disclosed:

a) by public posting;

b) through internal information systems or publishing on web portals or websites of workplaces;

c) by notices made in staff meetings held within workplace;

d) by notifying all of public officials or staff members within workplace;

dd) through notifications issued to public officials and staff members with the help of managers of departments playing their conduit roles;

e) by sending written notices to Party organizations or Executive Boards of Trade Unions of workplaces that then forward them to public officials or staff members within workplace;

g) Others as covered by laws and regulations on implementation of democracy at workplace.

2. The matters to be disclosed under Article 46 shall be made available for public access within 05 working days of receipt of decisions or written documents of competent authorities relating to the matters to be disclosed, unless otherwise prescribed in law.

Article 48. Responsibilities for conducting public disclosure of information at workplace

1. Where workplaces subject to disclosure requirements have their own websites or electronic information systems, the heads of these workplaces shall be responsible for posting the information specified in Article 46 of this Law on these platforms for at least 20 consecutive days from the date of commencement of posting or delivery of information, unless otherwise provided for by law.

2. If the aforesaid websites or electronic information systems are not available, the heads of these workplaces shall be responsible for posting the information specified in Article 46 of this Law at their workplace or offices of directly related departments or units for at least 20 consecutive days from the date of commencement of posting, except in case of using the form of written notification to all public officials, staff members at workplace, or unless otherwise defined by law.

3. In addition to disclosure of information in the forms specified in clause 1 and 2 of this Article, based on the characteristics and nature of activities and the matters to be disclosed, the heads of workplaces may otherwise decide on the form of disclosure specified in clause 1 of Article 47 herein provided that this form of disclosure fits well into the actual condition of each workplace with a view to ensuring that the staff can have access to disclosed information in an accurate, adequate, timely and easy manner.

4. Heads of workplaces shall be responsible for conducting, at the request of public officials, civil servants, public employees and staff members, the provision of the information that has not been disclosed within the time limit for publishing; the information of which time limit for disclosure has expired; or the information that is being made public but, due to force majeure, the requester cannot access.

5. Workplaces subject to disclosure requirements may further determine the information to be disclosed, the form of disclosure, the application of the forms of disclosure for each certain type of information in question, the method of implementation, the provision of information as required in the regulations on implementation of democracy of the workplace according to the characteristics of organization, operation and actual conditions of their workplace, and without breach of the provisions of this Section.

6. Where there is any other regulation on the form and method of public disclosure of specific types of information, such other regulation shall govern.

Section 2. CONSULTATION WITH PUBLIC OFFICIALS, CIVIL SERVANTS, EMPLOYEES OR WORKERS (STAFF CONSULTATION)

Article 49. Matters subject to staff consultation requirements

1. Election or discharge from office of members of the People’s Inspectorate at workplace.

2. Collection, spending, management and use of contributions of staff members at workplace, other than amounts prescribed by law.

3. Content of resolutions made in meetings of staff members.

4. Other self-governing work within workplaces that is not in contravention of traditional customs, practices, or conforms to social ethics.

Article 50. Form of staff consultation

1. Staff members at workplaces shall discuss and decide the matters specified in Article 49 herein in staff meetings at the proposal of the Executive Committees of Trade Unions of workplaces, heads of workplaces, or when they are requested for staff consultation by at least one-third of staff members at the workplace.

2. Where a staff meeting cannot be held due to any force majeure event, or a staff meeting that has been convened for the second time fails to be attended by the number of attendees specified in point c of clause 2 of Article 51 herein, the head of the workplace shall, after reaching agreement with the Executive Committee of the Trade Union of the workplace, decide to distribute opinion polls to all staff members at the workplace.

Article 51. Conduct of staff meetings

1. A staff meeting shall be held by the head of workplace playing the role of the chair in collaboration with the workplace Trade Union.

The staff meeting shall be held once a year after end of the business year of the workplace provided that it is held within 03 months of the following business year, subject to the decision issued by the head of the workplace, after consultation with the Trade Union of the workplace.

An extraordinary staff meeting may be held at the proposal of those specified in clause 1 of Article 50 herein.

2. The composition of a staff meeting shall be as follows:

a) With respect to the workplace where total staff members are less than 100 persons, the plenary session attended by all staff members shall be held, except the cases specified in point b and dd of this clause;

b) For the workplace with a total number of staff members of 100 or more, or less than 100 people who work over a large area or cannot leave their offices for professional reasons, the head of the workplace shall agree with the Trade Union of the workplace to decide that the participants in the meeting are all staff members, or their representatives according to the condition of the workplace;

c) The staff meeting is validly held when at least two-thirds of total number of staff members of the workplace, or at least two-thirds of total number of invited attendees are present. The resolution or decision made in the meeting is approved when more than 50% of total number of attendees agree; when the content thereof is not in contravention of the provisions of law; and when the content thereof is conformable to social ethics;

d) For the workplace controlling affiliates, when holding the meeting, the heads and representatives of the Executive Committees of the Trade Unions of the affiliates can be invited when deeming necessary;

dd) The workplace where total staff members are 07 persons or fewer can hold a staff meeting where necessary.

3. The content of the staff meeting shall be as follows:

a) Review of the implementation of the Party's guidelines, policies and laws of the State related to the functions and tasks of the workplace;

b) Review of the implementation of the resolution of the previous staff meeting and regulations on implementation of democracy within workplace;

c) Evaluation and review the responsibilities of the head of the workplace regarding the implementation of the annual work plan;

d) Review report on competitions, contests, consideration of awards, discussion and agreement on contests or competitions in the following year; consent to agreements regarding competitions or contests;

dd) Discussion and decision on the matters defined by Article 49 herein;

e) Implementation of tasks involved in disclosure of information; survey on opinions of staff members regarding the matters specified in Article 53 herein;

g) Implementation of other tasks as resolved in the meeting.

4. Steps in holding a staff meeting shall be as follows:

a) The head of the workplace presents a report on the matters specified in point a and c of clause 3 of this Article;

b) The representative of the Trade Union of the workplace reports on the matters defined in point b of clause 3 of this Article; the results of monitoring of implementation of democracy and support for staff members in implementation of democracy at the workplace;

c) All staff members attending the meeting discusses and raise their voice of opinions, recommendations or motions (if any);

d) The head of the workplace and the President of the Trade Union of the workplace receive and answer questions and recommendations of staff members on matters falling within their competence; discuss measures to improve working conditions, improve living standards of staff members at workplace, and measures to implement the work plan at workplace in the following year;

dd) The representative of the People’s Inspectorate reports on performance of the People's Inspectorate and the work program in the following year;

e) The meeting resolves on the matters defined by Article 49 herein (if any);

g) The meeting gives awards to entities or persons at the workplace that perform well in their assignments; announces any competition or contest;

h) Agreement on participation in a contest or competition between the head of the workplace and the Trade Union is to be signed in the meeting;

i) The meeting’s resolution is passed.

Article 52. Responsibilities for tabling matters for staff consultation, decision and implementing staff decisions

1. The head of the workplace shall be responsible for cooperating with the Executive Committee of the Trade Union of the workplace in reaching agreement on the policy and developing the plan to hold the staff meeting, or conduct the handing out of survey forms to staff members for the purposes of staff consultation on the matters specified in Article 49 of this Law.

2. The head of the workplace shall cooperate with the Executive Committee of the Trade Union of the workplace in disseminating, guiding and encouraging the implementation of the resolution made in the staff meeting, workplace regulations on implementation of democracy, and other matters agreed and decided by staff members; nominating a conduit to coordinate, monitor and propose the timely handling of issues or problems arising during the implementation process.

3. Every 6 months, the head of the workplace shall cooperate with the Executive Committee of the Trade Union of the workplace in conducting the inspection and evaluation of the results of implementation of the resolution of the staff meeting; notify inspection and evaluation results to all staff members at workplace.

4. Party members, staff members within workplaces shall have responsibilities to play an active and exemplary role in discussing and deciding the matters specified in Article 49 of this Law, and seriously implementing the decision obtaining unanimous opinions from all staff members; If it is found that the decision of all staff members does not comply with the prescribed processes and procedures, or contains breach of the provisions of law or social ethics, they shall reserve the right to file their complaints or motions to the Executive Committee of the superior Trade Union or the immediate senior of the workplace or other that has jurisdiction.

Section 3. STAFF COMMENT

Article 53. Matters requiring staff comments before decision by the head of workplace

1. Measures or solutions for implementation of the Party's guidelines, policies and laws of the State related to the functions and tasks of the workplace.

2. Annual work plans of the workplace.

3. Conduct of any competition or contests within workplace.

4. Preliminary or final review report of the workplace.

5. Measures for improvement of organization, performance and working behaviors or habits; prevention and combat of corruption and misconduct; practice of cost efficiency, thrift, anti-bureaucracy, anti-red tape, anti-harassment or anti-disturbance for the public interest.

6. Plan for recruitment, training and education of staff members; election and appointment of staff members.

7. Implementation of regulations and policies regarding rights and interests of staff members.

8. Draft regulations on implementation of democracy at workplace.

9. Draft regulations on internal expenditure at workplace (if any).

10. Draft internal rules and other regulations of the workplace.

11. Others as covered by laws and regulations on implementation of democracy at workplace.

Article 54. Form of staff comment

Based on the characteristics, nature of activities and contents of staff comment, staff members may give their opinions through one or several of the following forms:

1. Directly giving their comments or opinions to the head of the workplace or with the help of heads of departments within the workplace;

2. Giving their comments or opinions in the staff meeting and other meetings at workplace;

3. Giving their comments or opinions by completing survey forms directly handed out to them, or through draft documents sent by competent authorities;

4. Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the workplace;

5. Giving their comments or opinions with the help of other unions or teams within the workplace;

6. Others that are not in contravention of laws and are prescribed in regulations on implementation of democracy at workplace.

Article 55. Responsibilities for conducting staff comment

1. The head of a workplace shall have the plan to collect comments and opinions from staff members on the matters specified in Article 53 of this Law, clearly defining the matters subject to staff comment requirements, form of staff comment, method and time limit for implementation and responsibilities for implementation; shall be responsible for directing the receipt and consolidation of opinions and feedback from staff members; shall study, handle and respond to the opinions of participants, and announce explanations, clarifications or responses to staff members.

2. The Executive Committee of the Trade Union of the workplace shall cooperate with the head of the workplace in the implementation of the plan for staff comment; supervise the formulation and implementation of the plan for staff comment, the process of collecting opinions, the results of explanation and response to and implementation of the issues on which staff members comment; consult before the head of the workplace decides to impose regulations on implementation of democracy within the workplace.

3. Party members, staff members within the workplace shall have the responsibility to play active and exemplary roles in contributing and giving opinions or comments as a basis for competent authorities to decide; monitor, evaluate and supervise the consolidation of, explanation and response to opinions or comments on the matters that have been tabled for staff consultation and the process of implementation of decisions relating to these matters.

Section 4. STAFF INSPECTION AND SUPERVISION

Subsection 1. CONTENT AND FORM OF INSPECTION AND SUPERVISION

Article 56. Content of staff inspection and supervision

1. Staff members may inspect the implementation of the matters that the collective of staff members have discussed and decided as specified in Article 49 herein.

2. Staff members may supervise the implementation of democracy at the grassroots level and the execution of policies and laws by the heads, management boards and competent persons of the workplaces, behaviors of staff members on duty at workplace.

Article 57. Form of staff inspection and supervision

1. Staff members shall conduct inspection and supervision through:

a) learning, working and living activities of staff members at workplace;

b) Observation of, insight about and communication with persons holding office and powers; other staff members within workplace;

c) Access to disclosed information; information, reports of workplaces or persons assigned to manage or implement the matters that staff members have discussed and decided;

d) Participation in staff meetings.

2. Staff members shall conduct inspection and supervision through the service of People’s Inspectorates at workplaces.

Article 58. Handling of staff inspection and supervision

1. Through direct inspection and supervision, staff members shall get involved in giving comments and opinions on political qualities, moral conduct, competence, academic and professional qualification and performance of heads, governing boards, direct managers, in-charge persons, and other competent persons at workplaces; shall actively participate in giving comments to contribute to building a clean and strong workplace.

2. When detecting acts and matters suspected of violation, staff members shall reserve the right to lodge complaints and denunciations according to the provisions of law; or report them to heads of workplaces, Trade Unions, other organizations or associations of which they are members and which are established and operated at workplaces; or report to the People's Inspectorate or appeal it to consider carrying out the inspection or supervision within the range of its functions and duties.

3. Each People’s Inspectorate at a workplace shall act on behalf of its staff members to carry out the inspection or supervision in accordance with Subsection 2 hereof.

Article 59. Responsibilities for guarantee for staff inspection or supervision

1. Heads of workplaces shall have the following responsibilities:

a) Cooperate with the Executive Committees of the Trade Unions of workplaces, based on the requirements, tasks, organizational and operational characteristics, nature, and actual condition of these workplaces, on formulating and publishing regulations on the implementation of democracy at workplaces to further specify the content and method of implementation of democracy at their workplaces as a basis for staff inspection or supervision of such implementation of democracy. The governing scope of regulations on implementation of democracy at workplaces may be further expanded without any conflict with or restriction on the implementation of the matters already specified in this Law;

b) Develop a mechanism to receive feedback, comments, motions, complaints or petitions from staff members at workplaces; hold dialogues and explanatory meetings with staff members in accordance with law; use comments and opinions from staff members during the process of assessing and ranking the quality of staff at workplaces;

c) Promptly examine, review, process, settle, explain or respond to complaints, denunciations, motions, petitions or grievances of staff members, and recommendations of Trade Unions and other internal organizations of workplaces; promptly report on issues or refer them to competent authorities if these issues do not fall under their jurisdiction;

d) Provide People's Inspectorates at workplaces with necessary conditions and guarantee for successful implementation of inspection or supervision duties in accordance with laws;

dd) Sanction people who commit acts of obstructing staff members to exercise their inspection or supervision rights, or people who commit acts of taking their revenge on or victimizing complainants, appellants, petitioners, accusers or complainants in accordance with laws;

e) Implement measures to prevent and stop corrupt and negative acts; sanction and provide conditions for competent agencies and organizations to sanction people who commit corrupt and negative acts; If corrupt or misconduct acts are the consequence of acts of negligence at workplaces, lawful sanctions shall be imposed.

2. Institutions, units, entities and persons specified in clause 2 of Article 58 in this Law shall be responsible for receiving, handling and settling complaints, denunciations, petitions or grievances from staff members under their jurisdiction, or for carrying out the inspection or supervision as per law.

3. Staff members shall be responsible for their appeals, petitions, denunciations or complaints; shall proactively and actively cooperate with People's Inspectorates, responsible institutions, entities or persons on verifying, inspecting and supervising the issues involved in these appeals, petitions, denunciations or complaints.

Subsection 2. PEOPLE’S INSPECTORATES AT WORKPLACES

Article 60. Organization of People’s Inspectorates at workplaces

1. A People’s Inspectorate at a workplace shall be composed of 03 – 09 members elected in the staff meetings at the request of the Executive Committee of Trade Union at workplace.

If a workplace has particular characteristics or operates in a non-centralized manner, the staff meeting may decide on a greater number of members of the People's Inspectorate to ensure its effective operation.

Where a workplace has 07 staff members at maximum or in special cases, establishment of a People’s Inspectorate at that workplace shall not be required.

2. Each member of the People’s Inspectorate must be a staff member of a workplace having good moral qualities, earning good credit in the workplace, having good health condition to fulfill his/her assigned tasks; having knowledge about policies, laws and voluntarily joining the People's Inspectorate; not at the same time holding office as the head or vice head or chief accountant of the workplace.

3. Tenure of a People's Inspectorate shall be 02 years. During its tenure, if any position of member is vacant; or any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for his/her resignation, the Executive Committee of the Trade Union at the workplace shall request the staff meeting to consider such resignation and elect another person as a substitute for the previous member.

4. The People’s Inspectorate at the workplace shall be composed of the Head, Vice Head(s) and Member(s). The Head of the People’s Inspectorate shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform duties assigned by the Head.

Article 61. Responsibilities and powers of People’s Inspectorates at workplaces

1. Inspect implementation of decisions collectively issued by staff members; supervise the implementation of regulatory policies and guidelines of the Party, regulatory policies and laws; compliance with laws on implementation of democracy at the grassroots level at workplaces.

2. Recommend competent agencies or persons to take actions according to regulatory provisions when detecting signs of violation against laws, and supervise the implementation of such recommendation.

3. Request heads of workplaces to provide relevant information and documents to serve verification, inspection and supervision purposes.

4. Consider verifying specific cases at the request of staff members at workplaces.

5. Appeal to heads of workplaces to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of staff members; commend units and individuals delivering good performance. If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.

6. Attend meetings of the workplaces related to the performance of inspection and supervision tasks of the People's Inspectorates.

7. Accept complaints or petitions of staff members relating to the scope of inspection and supervision of People's Inspectorates.

Article 62. Operation of People’s Inspectorates at workplaces

1. The Executive Committee of the Trade Union of a workplace shall direct and provide instructions for operation of the People’s Inspectorate at that workplace.

2. According to the resolution of the staff meeting held at the workplace and direction or guidance of the Executive Committee of Trade Union of that workplace, the People’s Inspectorate shall design quarterly, six-monthly and annual work schedules.

3. The People’s Inspectorate shall be responsible for reporting its performance to the Executive Committee of Trade Union at the workplace and in the staff meeting of the workplace.

Article 63. Responsibilities for maintaining normal operation of People’s Inspectorates at workplaces

1. The head of the workplace shall have the following responsibilities:

a) Notify the People’s Inspectorate of views and guidelines of the Party; regulatory policies and laws of the Government mainly relating to the organization and operation of the workplace; make annual reports on performance, operational objectives and directions of the subsequent year at the workplace;

b) Held direct dialogues with relevant entities and persons; directly provide or request them to fully and promptly provide necessary information and documents at the request of the People's Inspectorate;

c) Promptly assess and process the recommendations of the People's Inspectorate; notify results within 15 days from the date of receipt of the recommendations;

d) Notify the People's Inspectorate of the results of handling of complaints and denunciations, and compliance with law on the implementation of grassroots democracy in at workplaces;

dd) Sanction persons who hinder the People's Inspectorate from performing its duties; persons who retaliate or persecute members of the People's Inspectorate according to the provisions of law.

2. The Executive Committee of the Trade Union at the workplace shall have the following responsibilities:

a) Recommend personnel to the staff meeting as a member of the People’s Inspectorate; recognize the results of election as a member of the People’s Inspectorate; propose the dismissal of a member of the People’s Inspectorate; hold a meeting of the People's Inspectorate to elect the Head, Vice Head of the People's Inspectorate and assign tasks to specific members;

b) Instruct the People's Inspectorate in formulation of working programs, plans, schedules and activities; consider the review report on performance of the People's Inspectorate; provide instructions about and direct operation of the People's Inspectorate; participate in the activities of the People's Inspectorate when deeming it necessary;

c) Consider and handle recommendations of the People’s Inspectorate; monitor and encourage the settlement of recommendations of the People’s Inspectorate to the Head of the workplace or the competent authority;

d) Stimulate staff members at the workplace to cooperate in and actively support operation of the People’s Committee;

dd) Provide funding for the People’s Inspectorate;

e) Perform duties of a People's Inspectorate at the workplace where the People's Inspectorate is not established in accordance with laws.

3. The Government shall impose detailed regulations on organization and operation of People’s Inspectorates at the workplaces.

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