Chương II Luật Thực hiện dân chủ ở cơ sở 2022: Thực hiện dân chủ ở xã, phường, thị trấn

Chapter II

IMPLEMENTATION OF DEMOCRACY IN COMMUNES, WARDS, TOWNS

Section 1. DISCLOSURE OF INFORMATION IN COMMUNES, WARDS, TOWNS

Article 11. Data or information that commune-level local governments must disclose

Except data or information classified as state secrets or those that may be disclosed in accordance with law, commune-level local governments shall have a duty to disclose the following:

1. Socio-economic development plan, and annual plan on economic restructuring of communes and implementation outcomes;

2. Explanatory data or reports on the state budget estimate, and the financial action plan of a commune, which is submitted to the People's Council of the commune; the budget estimate, the financial action plan already decided by the commune-level People's Council; data and explanatory notes on the implementation of the commune-level budget estimate that is produced on a quarterly, six-monthly and yearly basis; final accounts of the state budget revenues and expenditures, and the results of implementation of other financial activities approved by the commune-level People's Council; results of implementation of the State Audit's recommendations (if any);

3. The investment project and work in a commune and implementation progress; the plan on land recovery, compensation, support and resettlement upon land recovery for implementation of an investment project and work in a commune; the plan on management and use of the land reserve managed by a commune; the plan to lease agricultural land reserved for public use in a commune; the plan for construction of a district, the plan for construction of a commune or rural residential quarter; the general town planning, zonal planning project, detailed plan that is made for construction of areas in a town;

4. Regulations on implementation of democracy in a commune, ward or town; duties and entitlements of public officials, staffs or part-timers in communes, villages and residential quarters; code of conduct of officeholders of commune-level local governments;

5. Management and use of funds, investments, financing specific to programs and projects in communes; financial contributions from the public;

6. Situation of investment, construction, procurement, delivery, lease, use, withdrawal, transfer, conversion of functions, sale, liquidation, destruction and other forms of management of public property under the control of a commune; situation of exploitation of financial resources from public property by commune-level local authorities;

7. Guidelines, policies, plans, criteria, beneficiaries, nomination process and results of the implementation of support, subsidy and credit policies for the implementation of national target programs, production development, support for housing construction, grant of health insurance cards and other social security policies organized and implemented in communes;

8. Information about the scope, subjects, method of nomination and determination of beneficiaries of support, amount of support, time and procedures for distributing amounts of the state budget support for the purpose of dealing with difficult situation arising from natural disasters, epidemics, incidents, disastrous events, or supporting patients suffering from fatal diseases in communes; management and use of contributions and voluntary donations of domestic and foreign entities and persons intended for eligible beneficiaries in communes;

9. Number of enlistees, persons qualifying as conscripts, conscription criteria; list of citizens eligible to recruit to and perform obligations to join the People's Police; list of citizens who are recruited to and perform the obligation to join the People's Police; list of temporary postponement of enlistment and exemption from being called up in communes;

10. Results of inspection, examination and handling of cases involving corruption, misconduct and breach of discipline of public officials, staff members and part-timers in communes, villages, and residential quarters; votes of confidence of the President, Vice President and Head of a Committee of the Commune-level People's Council, the President, Vice President and members of the Commune-level People's Committee;

11. Public opinion polling plan, issues, results of evaluation or analysis of poll data, reaction to public opinions involving rejection or acceptance of public opinions regarding issues which a commune makes available for public comment as prescribed in Article 25 herein;

12. Payees, rates of fees, charges and other financial obligations to be directly collected by local governments;

13. Administrative procedures, procedures for handling of issues relating to entities or persons to be directly carried out by local governments;

14. Others as covered by laws and regulations on implementation of democracy in communes, wards or towns.

Article 12. Method and time of disclosure

1. Information shall be disclosed:

a) by public posting;

b) by publishing on websites or web portals of commune-level local governments;

c) by broadcasting via the commune-level radio system (if any);

d) by sending notices to citizens with the help of heads of villages or residential quarters acting as conduits;

dd) by sending written documents to citizens;

e) holding seminars or meetings between People's Committees and the public;

g) through citizen reception, meetings with voters, press conferences, press releases, assignments of spokespersons of the commune-level People's Committees according to the provisions of law;

h) through notices sent to political organizations, socio-political organizations, other organizations and unions at the same level and then disseminated or communicated to their members at the grassroots level;

i) via telecommunications networks or social networks accepted by the provisions of law if the level of competence in application of information technology in a commune, village, and residential quarter permits;

k) by using other methods authorized by laws and regulations on implementation of democracy in communes, wards or towns.

2. With respect to border areas, oceanic islands, mountainous areas, areas facing extremely difficult socio-economic conditions, or ethnic minority areas, disclosure of information specified in Article 11 of this Law shall be as defined by the Government’s regulations.

3. Disclosure of information in specific sectors shall be as defined by relevant regulatory provisions. In the absence of regulatory provisions regarding this, within 05 working days of receipt of decisions or written documents relating to information to be disclosed, commune-level People’s Committees shall conduct the disclosure of information.

Article 13. Selection of form of disclosure of information

1. Commune-level People's Committees that have created websites or web portals shall be required to publish the information specified in Article 11 herein on these platforms.

2. The commune-level People's Committees shall post the information specified in clauses 1, 2, 3, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 11 in this Law at the headquarters of the commune-level People's Councils, People's Committees, cultural houses and community activity spaces at villages or residential quarters. Posting should last for at least 30 consecutive days from the start date, unless otherwise stipulated by laws.

Information specified in clause 4 and 13 of Article 11 of this Law must be regularly posted at the headquarters of the Commune-level People's Councils and People's Committees, and updated whenever any change occurs. The list of pieces of information that have been made available for public review, together with the method and time of doing so, shall be compiled, updated quarterly and posted at the headquarters of the commune-level People's Councils, People's Committees, cultural houses and social activity facilities at villages or residential quarters.

3. The information defined in clause 7, 8, 9, 10, 11 and 12 of Article 11 herein shall be disclosed via the radio systems of communes (if any) within at least 03 consecutive days.

4. The information defined in clause 3 of this Article shall be sent to heads of villages or residential quarters who act as conduits to send such information to the public. Making information available for public access as specified in this clause shall be in one or multiple forms, e.g. announcements made at meetings between residents; meetings held by political organizations, socio-political organizations, other organizations and unions in villages and residential quarters; face-to-face talks or written notices sent to every family; SMS messages sent to representatives of families or posts on social networks authorized by law and selected with approval from all residents.

5. In addition to disclosing information in the forms specified in clause 1, 2, 3 and 4 of this Article, commune-level People’s Committees may otherwise decide on the form of disclosure specified in clause 1 of Article 12 herein provided that the other form of disclosure fits well into the actual condition of each locality with a view to ensuring that the public can have access to disclosed information in an accurate, adequate, timely and easy manner.

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.

Article 14. Responsibilities for conducting public disclosure of information

1. Commune-level People's Committees shall put forward a plan for public disclosure of information, clearly stating which pieces of information to be disclosed, form of disclosure, disclosure time and date, and time limit for disclosure, as well as responsibilities for implementation of such plan.

Presidents of these commune-level People's Committees shall be responsible for directing the execution of the plan approved by the commune-level People's Committee; inspecting, encouraging the implementation of the plan, and reporting to the People's Committee on plan execution outcomes.

Where there is any change or modification of information that has been disclosed, such change or modification shall be disclosed in a timely manner in accordance with regulations laid down in this Section.

2. Commune-level People’s Committees shall be responsible for providing information at the request of citizens in accordance with regulations laid down in the Law on Access to Information if that requested information of which the duration of disclosure does not end has not been disclosed yet; the duration of disclosure of that requested information permitted by law has ended; or that requested information that is being disclosed fails to reach the requester.

3. Commune-level People’s Committee shall compile a report on the completion progress and performance relating to tasks of disclosure of information and present it to the same-level People’s Council in the upcoming regular meeting, as well as forward it to the same-level Vietnamese Fatherland Front Committee for monitoring purposes.

Section 2. PUBLIC CONSULTATION

Article 15. Matters available for public consultation

1. Undertakings or policies and rates of full or partial public contribution of money, property and labor to construction of infrastructure or public works falling within communes, villages or residential quarters.

2. Collection, use and management of public contributions at residential community other than those prescribed by law; collection, use and management of funds and assets that residential community holds in trust or are derived from other lawful sources of revenue, financing, aid or grant.

3. Content of local by-laws.

4. Election or discharge from office of heads of villages or residential quarters.

5. Election or discharge from office of members of the People’s Inspectorates or the Public Investment Supervision Committees.

6. Other practice of self-management within residential community. The public can discuss and decide such work on condition that such practice is not in contravention of laws, is conformable to traditional values, customs and social ethics.

Article 16. Proposal of matters for public consultation

1. For any matter to be implemented within a commune, the President of the commune-level People's Committee shall, after reaching agreement with the Chairperson of the same-level Vietnam Fatherland Front Committee, decide the content thereof made available for public consultation; choose the form of public consultation; direct or instruct the heads of villages and residential quarters to undertake the public consultation process.

2. For any matter to be implemented within a village or residential quarter, the head of the village or residential quarter shall, after reaching agreement with the Head of the Committee on Fatherland Front Affairs at the village or residential quarter, make the proposal of that matter for public consultation purposes.

3. If any citizen residing in a village or residential quarter gives his/her idea regarding proposal of the matters specified in Article 15 herein available for public consultation, and if such idea obtains consent from at least 10% of family households residing at the village or residential quarter, such proposal shall be submitted to the head of the village or the residential quarter in order for these matters to be available for the residential community’s public consultation that are required not to be in contravention of laws, and to be conformable to traditional customs, values and social ethics.

If such idea fails to obtain consent from at least 10% of family households in a village or residential quarter, upon realizing that it may be beneficial to residential community, and may be approved by the Committee on Fatherland Front Affairs of a village or residential quarter, the head of that village or residential quarter shall make these matters available for public consultation.

Unanimous opinions of family households may be collected directly in the meeting between residents in the community, by documentary evidence of these unanimous opinions from representatives of these family households or in other form of opinion contribution that is chosen according to the actual condition in the community. Citizens expressing their ideas shall be legally responsible for accuracy of the number and list of consenting families. The consensus of opinion about a citizen’s idea shall be valid during the 3-month duration as from the date on which such consensus is achieved.

Article 17. Form or methodology of public consultation

1. In light of the proposed matter, the President of the commune-level People’s Committee, the Head of a village or residential quarter shall take charge of getting population living in that village or residential quarter involved in the public consultation process in the following forms:

a) holding meetings between residents in the community;

b) survey forms handed out to family households;

c) online voting. This form may be chosen provided that the level of proficiency in information technology application permits, and residential community agrees to it.

2. Public consultation regarding the matters specified in clause 3, 4 and 5 of Article 15 herein shall take place in a meeting between residents in the community, unless otherwise prescribed in point b of clause 1 of Article 19 herein. Handing out survey forms to family households may be selected in the case specified in clause 1 of Article 19 herein.

The method of online voting may be applied only if residential community is able to make their own decision on the work defined in clause 6 of Article 15 herein, and the head of a village or residential quarter agrees with the Committee on Fatherland Front Affairs at the village or residential quarter that it is not necessary to hold a meeting between residents in the community or hand out survey forms to family households.

3. If there is any other regulatory provision regarding conduct of public consultation, such regulatory provisions shall govern.

Article 18. Meeting between residents in the community

1. A meeting between residents in the community shall be convened and chaired by the head of a village or residential quarter; if the meeting is to elect the head of the village or residential quarter, or discharge him/her from office, the Government’s regulations shall govern. If the position of the head of a village or residential quarter is vacant, the President of a commune-level People's Committee may designate a representative of the Committee on Fatherland Front Affairs at the village or residential quarter, or a convener who is a trustworthy citizen residing at the village or residential quarter to convene and hold the meeting between residents in the community.

The meeting between residents in the community shall be attended by the head of a village, residential quarter or Committee on Fatherland Front Affairs at that village or residential quarter, and representatives of family households living in that village or residential community.

2. The representative of a family household is a person having full civil capacity, capable of representing other household members; in case the household does not have a person having full civil capacity, the representative of the household must be the person who is unanimously nominated or authorized by household members.

3. In case a village or residential quarter has 200 or more households or is located in an area where the population is not concentrated, meetings may be held separately in residential clusters.

The head of a village or residential quarter may authorize a member of the Committee on Fatherland Front Affairs in the village or residential quarter, or a trustworthy citizen residing in the residential cluster to run or preside over the meetings of the residential clusters, and submit the meeting minutes to the head of the village or the residential quarter to produce the consolidated meeting minuses for the entire village or residential quarter.

4. Steps in holding a meeting between residents in the community shall be as follows:

a) The meeting chair gives the opening remark, including reasons for holding the meeting, purposes, requirements and agenda of the meeting; introduces a person that the meeting can vote the secretary of the meeting;

b) The meeting chair introduces matters to be considered or discussed in the meeting;

c) Attendees enter into a discussion meeting;

d) The meeting chair consolidates all of opinions in the meeting; proposes discussed issues to be voted on and the method of voting. Attendees may decide on either hand vote or secret ballot. For a secret ballot, the meeting needs to elect the Vote Counting Board;

dd) The meeting chair announces the voting results and meeting conclusion.

Article 19. Handing out survey forms to family households

1. The head of a village or residential quarter shall distribute votes to every family household to collect their votes on the matters falling within the remit of a village, residential quarter or commune in the following cases:

a) The commune-level People’s Committee decides on the method of handing out survey forms on the matters falling within the jurisdiction of a commune to family households;

b) Though residential community has held, the number of family households is not adequate to reach the minimum amount of unanimous votes specified in clause 1 of Article 21 herein;

c) As otherwise decided by the head of the village or residential quarter in agreement with the Committee on Fatherland Front Affairs at the village or residential quarter.

2. The head of a village or residential quarter shall cooperate with the Committee on Fatherland Front Affairs having jurisdiction over the village or residential quarter in developing the plan to hand out survey forms; setting up a Team for distribution of survey forms attended by 03 – 05 persons, and disclosing information about issues to be surveyed, time, date and time limit for the survey, members of the Team to the public at the village or residential quarter no later than 02 days prior to the date on which survey forms are handed out.

3. Each family household shall get 01 survey form. The Team for distribution of survey forms shall hand out survey forms directly to family households, collect completed survey forms by the predetermined deadline, and consolidate survey results in full and in an impartial manner.

Article 20. Residential community’s decision

1. The decision of the residential community shall be made in the written form of a resolution, meeting minutes, memoir or agreement. Where none of the foregoing is covered in laws, the head of a village or residential quarter may choose the one relevant to the content of decision, traditional customs, practices and actual condition of residential community in agreement with the Head of the Committee on Fatherland Front Affairs at the village or residential quarter.

2. Each public decision shall include but not limited to the following:

a) Time of public consultation;

b) Total number of participating family households; the number of representatives of family households; the number of family households participating without representatives;

c) Issues under discussion;

d) Decision-making method;

dd) Results of voting conducted in the meeting or consolidation of survey forms or online voting results collected from family households;

e) Content of public decision;

g) Signature of the head of the village, residential quarter, the Head of the Committee on Fatherland Front Affairs and 02 representatives of family households.

3. Within 05 working days at the maximum from the date on which residential community holds the voting meeting or as from the deadline for collection of online survey forms or voting, any decision voted for by residential community shall be submitted to the commune-level People's Committee or the commune-level Vietnam Fatherland Front Committee.

Article 21. Effect of public decisions

1. The public decision on the matters defined in clause 1 and 2 of Article 15 herein shall be approved when at least two-thirds of total representatives of family households in the village or residential quarter give their consent.

The public decision on the matters defined in clause 1 and 2 of Article 15 herein that takes effect within a commune shall be approved when at least two-thirds of total number of villages or residential quarters give their consent.

The public decision on the matters defined in clause 3, 4, 5 and 6 of Article 15 herein shall be approved when more than 50% of total representatives of family households in the village or residential quarter give their consent.

2. The public decision on the matters defined in clause 1, 2 and 6 of Article 15 herein that takes effect within a village or residential quarter shall take effect as from the date on which the residential community votes for approval.

For the public decision on the matters defined in clause 1 and 2 of Article 15 herein that takes effect within a commune, the date of effect thereof shall be decided by the commune-level People’s Committee according to votes cast by residential community.

The public decision on the matters defined in clause 3 and 4 of Article 15 herein shall take effect as from the date on which the commune-level People’s Committee issues the decision on recognition of that public decision.

The public decision on the matters defined in clause 5 of Article 15 herein shall take effect as from the date on which the commune-level Vietnam Fatherland Front Committee issues the decision on recognition of that public decision.

Within 05 working days of receipt of the public decision, the commune-level People’s Committee and/or Vietnam Fatherland Front Committee shall issue the decision on recognition of that public decision; in case of no recognition granted, the written response, clearly stating reasons for not granting such recognition, must be sent.

Article 22. Modification, replacement and revocation of public decisions

1. The public decision shall be modified, improved or revoked when:

a) there is any content that is in contravention of law, does not conform to traditional customs, practices or social ethics;

b) it does not comply with regulations on procedures and processes for approval of written documents of residential community prescribed herein and other regulations of relevant laws;

c) Residential community assumes that such modification, replacement or revocation is required.

2. The commune-level People’s Committee shall be authorized to revoke the public decision in the case defined in point a of clause 1 of this Article. Depending on the nature and severity of violation, the commune-level People’s Committee may revoke or request residential community to modify or replace the public decision where appropriate in the case defined in point b of clause 1 of this Article.

The decision on revocation or the written request for modification or revocation of the public decision shall be sent by the commune-level People’s Committee to the head of the village or residential quarter to have it notified to the public, and forwarded to the commune-level Vietnam Fatherland Front Committee.

3. Residential community shall autonomously decide modification, replacement or revocation of its own decision when deeming that it is necessary to do so, or modification or replacement of its own decision, at the request of the commune-level People’s Committee according to the procedures and processes specified in Article 18, 19, 20 and 21 herein.

Article 23. Responsibilities for conduct of public consultation, and implementation of public decisions

1. The commune-level People's Committee shall have the plan for conduct of public consultation regarding the matters falling within the range of responsibilities of a commune-level government; the People's Committee and the President of the commune-level People's Committee shall take charge of the implementation of public decisions taking effect within a commune; inspect and monitor the implementation of the public decision taking effect within a village or residential quarter.

The commune-level People’s Committee shall compile a report on conduct of public consultation regarding the matters to be carried out within a commune for submission thereof to the same-level People's Council in the upcoming regular meeting, as well as forward it to the same-level Vietnam Fatherland Front Committee for monitoring purposes.

2. The head of a village or residential quarter shall have to publicize the voting results or the consolidated results of the public survey forms in the village or residential quarter; conduct the implementation of the public decision taking effect within the village or residential quarter; communicate the results of implementation of the public decision to the population living in the village, residential quarter and to the commune-level People's Committee.

3. The commune-level People’s Committee shall provide instructions on and supervise the conduct of public consultation, and execute conclusions drawn after public consultation.

4. The Government shall impose detailed regulations regarding organization of meetings of residential community; distribution of survey forms to family households; online voting in villages or residential quarters; procedures for election and discharge from office of heads of villages or residential quarters; formulation and implementation of local by-laws or social conventions.

Article 24. Responsibilities of the Public for participation in the process of consultation regarding grassroots-level matters or work

1. Citizens and family households should be actively interested in the communal work; take responsibility for participating in or appointing representatives of family households to participate in the meetings to discuss and decide the matters implemented within villages, residential quarters, and communes; fulfill duties assigned under public decisions.

2. Household family’s representatives shall be responsible for attending meetings of residential community; gathering and grasping the common opinions of all household members to raise them and participate in discussions at the meetings, or enter them in the survey forms intended to poll opinions of family households; disseminating and communicating results of public consultation to household members. Where any household member has an opinion different from that from the representative of the household, he/she may be invited to the residential community’s meeting to raise his/her voice at the meeting.

3. Party members, cadres, civil servants, public employees and part-time workers at communes, villages, and residential quarters should play an active and exemplary role in being involved in the process of public consultation regarding the matters within the jurisdiction of villages, residential quarters or communes; shall be responsible for strictly implementing, pushing and educating families and community members to implement public decisions.

4. Where a public decision is found to be inconsistent with the regulatory procedures or processes, or in contravention of the provisions of law, or go against traditional customs, practices or social ethics, citizens shall reserve the right to file petitions or complaints to the commune-level People's Committee, the commune-level Vietnam Fatherland Front Committee and the People's Inspectorate.

Section 3. PUBLIC COMMENT

Article 25. Matters available for public comment prior to the competent authority’s decision

1. Draft socio-economic development plans of communes; plans for transformation of economic and production structures; projects on sedentary farming, settlement, development of new economic zones and plans on development of trades and industries of communes.

2. Draft land use planning of districts and modification plans; management and use of reserved land assigned to the commune-level People's Committees for management purposes.

3. Undertakings and policies for investment, construction, land, treatment of waste, environmental protection, compensation, site clearance, plans for residential mobility, resettlement and agricultural resettlement, which are applied to decisions on public investment in projects of national significance; class-A projects; projects in which residential mobility, resettlement and agricultural resettlement are on a large scale; projects posing risks of causing critical impacts on environment; projects directly impacting socio-economic lives of residential community at or near project sites.

4. Draft projects on establishment, dissolution, merger, division, relocation of boundaries between administrative units, naming and renaming of administrative units; draft proposals for establishment, dissolution, merger, division, naming and renaming of villages, residential quarters, and coupling between residential clusters.

5. Draft administrative decisions of the commune-level People's Committees related to public interests, including decisions on release or approval of programs, plans, projects or proposals having impacts on environment, community health, social order, safety and other issues affecting residential community.

6. Draft planning requirements and general construction planning projects, draft requirements and projects on zone planning, detailed construction planning and general construction planning of communes, construction planning of rural residential quarters.

7. Draft regulations on implementation of democracy applied in communes, wards and towns; draft regulations on implementation of democracy imposed on specific sectors and activities in communes, wards and towns (if any).

8. Draft administrative decisions establishing obligations or giving rise to termination or restriction of the rights and interests of the executors who are citizens living in communes.

9. Other matters as stipulated by laws and regulations on implementation of democracy in communes, wards, towns, or at the request of competent state authorities or governments of communes that need public comment.

Article 26. Form of public comment

1. Public comments shall be collected:

a) in a meeting or seminar between the commune-level People's Committee and the public;

b) in a meeting of the residential community;

c) by using survey forms handed out to family households;

d) through a feedback mailbox or hotline (if any);

dd) through the Committees on Fatherland Front Affairs of villages or residential quarters, and socio-political organizations at the grassroots level;

e) on websites or web portals of commune-level local governments;

g) via telecommunications networks or social networks accepted by the provisions of law if the level of competence in application of information technology in a commune, village, and residential quarter permits;

h) through conversation or consultation with citizens who are the executors of the matters specified in clause 8 of Article 25 herein.

2. Depending on the content, nature and requirements of collection of public comments, capabilities and conditions required to adapt to the actual condition of each locality, and in accordance with the regulations on implementation of democracy in communes, wards or towns, commune-level People’s Committees shall decide on one or several forms of public comment specified in clause 1 of this Article. Where there is any regulatory provision on using a particular forms or method of public comment about a specified matter, conducting collection of public comments, consolidating, explaining or responding to public comments shall be subject to these regulatory provisions.

Article 27. Conduct of discussion and consultation with citizens who are executors of administrative decisions of commune-level People’s Committees establishing obligations or giving rise to termination or restriction of rights and interests of executors

1. Before issuing an administrative decision establishing obligations or giving rise to termination or restriction of the rights and interests of a citizen who is an executor thereof, except when it contains state secrets and is an administrative sanction decision defined by law, the commune-level People's Committee shall be responsible for informing that citizen and enabling him/her to get informed and raise his/her voice at his/her request. Any citizen that is the executor of an administrative decision may, of his/her own accord, give or entrust his/her representative to give his/her opinion.

2. Where an administrative decision is applied to multiple executors or where necessary, the commune-level People's Committee may convene a meeting where citizens who are executors of that administrative decision directly raise their voice. The meeting shall be attended by the representative of the commune-level People’s Committee, the commune-level Vietnam Fatherland Front Committee, the representative of the commune-level People’s Inspectorate and citizens who are executors of the administrative decision.

3. Opinions of citizens who are executors, opinions of relevant entities or persons shall be fully consolidated; feedback and explanatory reports regarding opinions of the executors shall be sent to relevant entities or persons, and shall be included in the dossier of transmittal to apply for the signature to be added to the administrative decision. Persons having jurisdiction shall issue decisions and bear responsibility for issuance of their administrative decisions.

Article 28. Responsibilities for conduct of public comment

1. Commune-level People’s Committees shall plan to conduct the collection of public comments on the matters specified in Article 25 of this Law that fall under the decision-making jurisdiction of the commune, clearly defining issues needing collection of opinions, form of collection of opinions, method, duration of implementation and responsibility for implementation. The plan to collect public comments shall be sent to the commune-level People’s Council and Vietnam Fatherland Front Committee.

Where public comment on the matters falling under the decision-making jurisdiction of the higher-level state authority is required, the commune-level People's Committee shall carry out the process of collection of public comments regarding the issues determined in the plan for collection of public comments of the authority responsible for collection of opinions.

2. The commune-level People's Committee shall cooperate with the Vietnam Fatherland Front Committee and socio-political organizations of the same level in conducting the implementation of the approved plan. The duration of collection of public comments shall be at least 20 days from the day on which issues to be commented upon are announced. If there is any regulatory provision specifying the duration of collection of public comments, that regulatory provision shall govern.

3. The President of commune-level People's Committee shall take charge of receiving and consolidating public opinions and comments; studying acceptance or response to (including explanation, clarification of) public comments on the matters falling under the decision-making jurisdiction of the commune to decide according to its competence or report to the People's Council or the People's Committee of the commune for its decision, and disclosing the results of consolidation of public opinions or comments, explanations and clarifications to the public.

4. For the matters assigned by the competent authority to the commune-level local government to make them available for public comments, the commune-level People's Committee shall be responsible for consolidating opinions on these matters and reporting to the competent authority on the results of collection of public comments or opinions. Authorities having decision-making jurisdiction shall be responsible for studying and accepting public opinions relating to the matters made available for public comment; where the decision is in conflict with the opinions of the majority of the public, they shall give explanations and reasons for refusal to accept these opinions, and be liable for their decisions. Clarifications, explanations and responses relating to public opinions shall be sent to commune-level People’s Committees to make them available for public access.

5. The commune-level People’s Committee shall compile a report on conduct of collection of public comments and opinions and results of collection thereof for submission to the same-level People's Council in the upcoming regular meeting, as well as forward it to the same-level Vietnam Fatherland Front Committee for monitoring purposes.

6. The commune-level Vietnam Fatherland Front Committee shall cooperate with the commune-level People's Committee in implementing the plan to collect public opinions and holding a meeting with the local public; directly providing instructions on and conducting collection of public comments or opinions about the matters with the range of responsibilities of the Vietnam Fatherland Front Committee in accordance with law.

Commune-level Vietnam Fatherland Front Committee shall supervise the formulation and implementation of the plan to collect opinions or comments from the local public; conduct of the dialogue or collection of opinions or comments in case where the commune–level People’s Committee issues an administrative decision establishing obligations or giving rise to termination or restriction of the rights and interests of the executor; the process and results of clarification, explanation, acceptance and implementation of the matters on which the public gives comments.

Article 29. Responsibilities of the Public to give comments on matters in communes, wards, towns

1. Party members, cadres, civil servants, public employees and all citizens residing in the locality shall bear responsibility to actively giving their comments on the matters directly related to the life of residents as a basis for competent agencies to consider and decide on important local and national issues.

2. Persons and family households shall be responsible for participating in or appointing representatives of family households to attend meetings and express opinions on the matters at the request of competent authority.

3. Citizens shall monitor, assess and supervise the consolidation, explanation, clarification and acceptance of public opinions regarding the matters made available for public comment, and the process for implementation of decisions of competent authorities towards these matters.

Section 4. PUBLIC INSPECTION OR SUPERVISION

Subsection 1. CONTENT AND FORM OF INSPECTION OR SUPERVISION

Article 30. Content of inspection or supervision

1. Citizens shall carry out the inspection of the matters that the public has discussed and decided under Article 15 herein.

2. Citizens shall carry out the supervision of the implementation of democracy at the grassroots level and policies or laws by local governments of communes, commune-level public officials, staff members and part-timers in communes, villages and residential quarters.

Article 31. Form of inspection or supervision

1. Citizens shall directly conduct the inspection or supervision through:

a) citizen’s involvement in labor, production, study, work and daily life activities in residential community;

b) citizen’s observation of, insight about and contact with commune-level public officials, staff members and part-timers in communes, villages, residential quarters and residents in the community;

c) access to disclosed information; information, reports of local governments in communes, commune-level public officials, staff members, part-timers in communes, villages, residential quarters, entities or persons assigned to manage or implement the matters that the public has discussed and decided;

d) participation in meetings or dialogues between commune-level People's Committees and the public; rallies with voters; communications with citizens; regular and other meetings of residential community.

2. Citizens shall conduct the inspection or supervision through commune-level Vietnam Fatherland Front Committees; activities of People's Inspectorates of communes, wards, towns; community-based Investment Supervision Boards and local self-governing organizations set up in accordance with laws.

Article 32. Exchange and dialogue meetings between People's Committees and the public

1. Each year, the commune-level People's Committee shall be responsible for cooperating with the Vietnam Fatherland Front Committee of the same level in holding at least one exchange and dialogue meeting with the local public about performance of the commune-level People's Committee and issues relating to the rights and obligations of local citizens.

2. Agenda and form of the exchange and dialogue meeting between the commune-level People’s Committee and the public shall be subject to regulatory provisions regarding local governments and other provisions of relevant laws.

Article 33. Periodic meetings of residential community

1. Each meeting of residential community shall be held annually at year end.

2. Heads of villages or residential quarters shall be responsible for convening and chairing the meetings of this kind. The meeting shall be attended by representatives of all family households in a village or residential quarter.

3. In the meeting, heads of villages or residential quarters shall be responsible for reporting to the public on the state of residential community, results of implementation of the matters that residential community has discussed and decided. The representative of the Committee on Fatherland Front Affairs in a village or residential quarter shall report on and provide information about the progress and results of implementation of democracy in villages, residential quarters and communes. Elected members of the People’s Inspectorate in a village or residential quarter shall report on and provide information about fulfillment of inspection, supervision, examination or verification duties at the proposal of the local public.

4. The Government shall impose detailed regulations on holding periodic meetings of residential community.

Article 34. Handling of public inspection or supervision results

1. Through direct inspection and supervision, the public can measure the level of satisfaction with the service of local government in communes; with commune-level public officials and staff members who directly carry out administrative procedures and handle issues of citizens.

2. When detecting acts and matters suspected of violation, citizens shall reserve the right to lodge complaints and denunciations according to the provisions of law, or air petitions or grievances to the commune-level local authorities, commune-level public officials and civil servants, heads of villages, residential quarters, Committees on Fatherland Front Affairs in villages, residential quarters, organizations and associations of which they are members; to National Assembly deputies, People's Council deputies; or petition or request People's Inspectorates, community-based Investment Supervision Boards, and other local self-governing organizations established in accordance with law to conduct examination, inspection or supervision according to their positions or duties.

3. People’s Inspectorates in communes, wards, towns; community-based Investment Supervision Boards shall act on behalf of the public to carry out the inspection or supervision in accordance with Subsection 2 and 3 herein.

Article 35. Responsibilities for guarantee for public inspection or supervision

1. Institutions, entities and persons specified in clause 2 of Article 34 in this Law shall be responsible for receiving, handling and settling complaints, denunciations, petitions and grievances from citizens under their jurisdiction, or for carrying out the inspection or supervision as per law.

2. Commune-level People’s Committees shall:

a) Establish and ensure stable and regular operation of the system designed to measure public satisfaction, receive comments and feedback so that people can directly express their attitude, assessment or comment concerning service of local governments and public officials or staff members who directly carry out administrative procedures and address citizens' issues.

b) Promptly examine, review, process, settle or respond to complaints, denunciations, petitions and grievances of citizens, and recommendations of the Vietnam Fatherland Front Committee and affiliates of the Vietnam Fatherland Front in a commune, or report on issues or refer them to competent authorities if these issues do not fall within their competence;

c) Cooperate with Vietnam Fatherland Front Committees in communes, based on local requirements, characteristics and actual conditions, on formulating and promulgating regulations on implementation of democracy in communes, wards and townships with the aim of further specifying the content and form of implementation of democracy in communes as a basis for citizens to inspect and supervise the implementation. Regulations on the implementation of democracy in communes, wards and townships may expand the scope of the implementation of democracy in communes, wards and townships on condition that the expanded scope shall not conflict with or limit the implementation of the matters already specified in this Law. Localities are encouraged to formulate and promulgate regulations on implementation of democracy specific to sectors and activities relating to such implementation in communes, wards or townships;

d) Provide People's Inspectorates, community-based Investment Supervision Boards and other locally public self-governing organizations with necessary conditions and guarantee for implementation of inspection or supervision duties in accordance with laws;

dd) Sanction people who commit acts of obstructing citizens 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.

3. Citizens shall be responsible for their appeals, petitions, denunciations or complaints; shall proactively and actively cooperate with People's Inspectorates, community-based Investment Supervision Boards, 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 IN COMMUNES, WARDS, TOWNS

Article 36. Organization of the People’s Inspectorate in a commune, ward or town

1. The People’s Inspectorate in a commune, ward or town shall be composed of elected members who come from villages and residential quarters in communes. The membership of the People's Inspectorate shall be equivalent to the number of villages or residential quarters within a commune, but not fewer than 05 persons.

2. Term of the People’s Inspectorate shall coincide with the term of the head of a village or residential quarter within the same jurisdiction.

During his/her term of office, if any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for resignation, the commune-level Vietnam Fatherland Front Committee shall request the village or residential quarter that has elected that member to consider termination of his/her office.

Where the position of member of the People’s Inspectorate is vacant during term of office and the number of days left to expiry of office is equal to at least 06 months, the Committee on Fatherland Front Affairs in a village or residential quarter shall cooperate with the head of the village or residential quarter in conducting the election of additional member of the People’s Inspectorate under the guidance of the commune-level Vietnam Fatherland Front Committee.

3. The People’s Inspectorate in a commune, ward or town shall be composed of the Head, Vice Head 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 37. Standards of members of the People’s Inspectorate in a commune, ward or town

1. Have good moral qualities, earn good credit in residential community, have good health condition to complete their assigned tasks; have knowledge about policies, laws and voluntarily join the People's Inspectorate.

2. Obtain registration as local residents, and not concurrently hold multiple positions of commune-level public official, staff member or part-timer at the level of commune, village or residential community.

Article 38. Duties and powers of People's Inspectorates in communes, wards, towns

1. Check over implementation of decisions that have been made available for public consultation; supervise the implementation of policies, laws, the compliance with laws on implementation of democracy at the grassroots level by local governments of communes, commune-level public officials, staff members and part-timers in communes, villages and residential quarters.

2. Give competent agencies or persons recommendations about sanctions or actions to be taken according to regulatory provisions when detecting signs of violation against laws and supervise the implementation of such recommendations.

3. Request commune-level local governments, commune-level public officials and staff members to provide relevant information and documents to serve verification, inspection and supervision purposes.

4. Consider and verify specific cases at the request of citizens and residential community.

5. Appeal to Presidents of commune-level People's Committees, commune-level public officials and staff members; heads of villages and residential quarters to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of organizations and citizens; 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 People's Councils and the Commune-level People's Committees related to the performance of inspection and supervision tasks of the People's Inspectorates.

7. Process complaints and petitions of citizens, residential community and entities or persons relating to the scope of inspection and supervision of People's Inspectorates.

Article 39. Activities of People’s Inspectorates in communes, wards or towns

1. People’s Inspectorates in communes, wards, towns shall be instructed and guided by commune-level Fatherland Front Committees.

2. According to the action plan and the direction and guidance of the Vietnam Fatherland Front Committee at the commune level, the People's Inspectorate shall develop their own guidelines and action plans on a quarterly, six-monthly and annual basis.

3. People’s Inspectorates shall be responsible for submitting periodic reports or on-demand reports on their performance to commune-level Vietnam Fatherland Front Committees. People’s Inspectorates shall be invited to attend meetings of the People's Councils, the commune-level People's Committees or the commune-level Fatherland Front Committees related to the performance of inspection and supervision tasks of the People's Inspectorates.

Article 40. Responsibilities for maintenance of normal operation of People’s Inspectorates in communes, wards or towns

1. Commune-level People’s Committee shall:

a) Notify People's Inspectorate of the main policies and laws related to the organization, operation, tasks and powers of local governments at the commune level; annual local socio-economic development goals and tasks;

b) Provide or request relevant agencies, organizations and individuals to fully and promptly provide necessary information and documents at the request of the People's Inspectorate;

c) Promptly assess and handle 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 laws on the implementation of grassroots democracy in communes;

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. Commune-level Fatherland Front Committees shall:

a) Provide instructions about conduct of meetings of residential community in villages and residential quarters to elect or dismiss members of the People's Inspectorate;

b) Recognize the results of election of members of the People's Inspectorate; hold a meeting of the People's Inspectorate to elect its head or vice head and assign tasks to every member; notify the election results and the composition of the People's Inspectorate to the People's Council, the People's Committee of the same level and the local public;

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

d) Certify the minutes and recommendations of the People's Inspectorate; encourage the handling of recommendations of the People's Inspectorate;

dd) Encourage the local public to advocate, coordinate and actively support the activities of the People's Inspectorate;

e) Provide financial support for the People’s Inspectorate. Financial support for the People’s Inspectorate is derived from the state budget according to annual estimates and plans of Vietnam Fatherland Front Committees of communes, and is made available for use by the state budgets of communes.

3. The Government shall impose detailed regulations on organization and operation of People’s Inspectorates in communes, wards or towns.

Subsection 3. COMMUNITY-BASED INVESTMENT SUPERVISION BOARD

Article 41. Organization of the Community-based Investment Supervision Board

1. The Community-based Investment Supervision Board is established by the decision of the Vietnam Fatherland Front Committee at the commune level according to each public investment program, project, or public-private partnership (PPP) investment project implemented at the commune level, programs and projects that are run by monetary and labor investment of population community, or by direct funding provided by organizations and individuals for communes.

Community-based Investment Supervision Board shall have at least 05 members, including representatives of Vietnam Fatherland Front Committees at the commune level, People's Inspectorates in communes, wards or townships, and representatives of the public living in villages, residential quarters where these programs or projects are located. The Community-based Investment Supervision Board shall be automatically dissolved after fulfillment of its assigned tasks.

2. The Community-based Investment Supervision Board shall be composed of a Head, Vice Head(s) and members. The Head of the Community-based Investment Supervision Board shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform the duties assigned by the Head.

Article 42. Standards of members of the Community-based Investment Supervision Board

1. Have good moral qualities, show honesty, equality and prestige amongst residential community; have good health condition to complete their assigned tasks; have knowledge about regulatory policies, laws or experience or expertise in the sectors relating to investment programs and projects, and act of their own free will to participate in the Community-based Investment Supervision Board.

2. Act as local residents and not concurrently hold the position of a commune-level public official or civil servant; have none of their relatives who have competence in deciding investment; are the investors or the investor's representatives, the investor's consulting units, project contractors or the contractor's consulting and supervision units, or the persons who directly manage investment projects in communes.

Article 43. Duties and powers of the Community-based Investment Supervision Board

1. The Community-based Investment Supervision Board shall assume the following duties:

a) Monitor and supervise the conformity of investment policies and decisions with investment planning schemes and plans in communes; the investor's observance of regulations on land boundaries and land use, detailed site planning, architectural, construction, waste treatment, environmental protection, compensation and site clearance, resettlement and investment plans; state and progress of implementation of programs and projects, implementation of information disclosure practice during the investment process with respect to public investment programs and projects, and investment projects financed by other capital sources in communes;

b) For programs and projects implemented by capital and labor of residential community, projects funded by the commune-level budget or by direct funding that organizations and individuals provide for communes, carry out monitoring, inspection and supervision of the implementation of those specified at point a of this clause, and inspect and supervise the observance of processes, technical regulations, quotas and types of materials as prescribed; monitoring and checking of the results of acceptance testing and financial accounts of projects;

c) Discover acts that may harm public interests; negative impacts of a public investment project on the living environment of the public during the period of investment in and operation of a public investment project; activities that inflict any loss and waste of capital and assets of a public investment program or project.

2. The Community-based Investment Supervision Board shall have the following powers:

a) Request competent state management agencies to provide planning information relevant to the decisions on investment projects and land use plans in accordance with law on land;

b) Request relevant state management agencies to give responses regarding issues under their management as prescribed by law;

c) Request program owners and investors to provide responses or information for investment supervision, including investment decisions; information about the investors, project management boards, contact addresses; investment schedules and plans; size of land to be occupied and used; detailed site plans and architectural plans; compensation, site clearance and resettlement plans; waste treatment and environmental protection plans.

For the programs and projects implemented by capital and labor of residential community, the projects funded by the commune-level budget or by direct funding that organizations and individuals provide for communes, in addition to the foregoing, program or project owners shall provide information about processes, technical regulations, types or quotas of materials; results of acceptance testing and financial accounts of projects;

dd) Receive complaints from citizens and forward them to competent state management agencies, or conduct inspection and supervision within the scope of tasks and powers of the Board; receive responses of competent state management agencies on citizens' petitions and inform citizens of these responses;

dd) When detecting signs of violation against law during the project implementation period, which seriously affects production, security, culture, society, living environment of the community, or the investor fails to publicize information on investment programs and projects as prescribed by law, the Board shall report the case to competent state management agencies and recommend handling measures; where necessary, the Board shall propose competent authorities to suspend the investment and operation of projects.

Article 44. Activities of the Community-based Investment Supervision Board

1. Operation of the Community-based Investment Supervision Board shall be instructed by the commune-level Vietnam Fatherland Front Committee directly.

2. Based on the guidance of the commune-level Vietnam Fatherland Front Committee, the Community-based Investment Supervision Board shall develop a program and plan to inspect and supervise the community's investment, closely following the tasks and contents of inspection and supervision as specified in the provisions of Article 43 of this Law.

3. The Community-based Investment Supervision Board shall periodically report or report upon request on the results of the community's investment supervision to the commune-level Vietnam Fatherland Front Committee. The Head of the Community-Based Investment Supervision Board shall be invited to attend meetings of the People's Council, the People's Committee and the Vietnam Fatherland Front Committee at the commune level if each meeting is related to the program or project of which the Board is responsible for inspection and supervision.

Article 45. Responsibilities for maintenance of normal activities of the Community-based Investment Supervision Board

1. Commune-level Fatherland Front Committees shall:

a) Play the leading role in setting up the Community-based Investment Supervision Board in charge of each pubic investment program or project. The Standing Unit of the Vietnam Fatherland Front Committee at the commune level shall decide on the number of members; appoint representatives to participate in the Community-based Investment Supervision Board; propose constituencies and the number of members to be elected in each constituency to direct the Committee on Fatherland Front Affairs in a village or residential quarter in collaboration with the head of a village or residential quarter in organizing the election of members who are representatives of the public to the Community-based Investment Supervision Board; recognize the results of election of members of the Community-based Investment Supervision Board; organize a meeting of the Community-based Investment Supervision Board to elect the Head and Vice Head and assign tasks to each member; nominate, propose nomination or conduct the election of additional members of the Community-based Investment Supervision Board in case of vacancy or inadequacy;

b) Inform program/project owners and management units of supervision plans and the composition of the Community-Based Investment Supervision Board within the duration of 45 days before implementation; inform the composition of the Community-based Investment Supervision Board to the People’s Council or the People’s Committee of the same level and the local public;

c) Instruct the Community-based Investment Supervision Board in formulating programs and plans for inspection and supervision of investment programs and projects in accordance with law; support the Community-based Investment Supervision Board in communicating, making and submitting reports on investment supervision in the community;

d) Attest written documents stating recommendations and reporting filed by the Community-based Investment Supervision Board before being submitted to competent authorities; encourage the handling of recommendations of the Community-based Investment Supervision Board;

dd) Encourage the local public to actively participate in the inspection and supervision at community; advocate, and actively support the activities of the Community-based Investment Supervision Board;

e) Provide funding for activities of the Community-based Investment Supervision Board. Funding for the Community-based Investment Supervision Board is derived from the state budget according to annual estimates and plans of Vietnam Fatherland Front Committees of communes, and is made available for use by the state budgets of communes.

2. Commune-level People’s Committees shall:

a) Arrange a working space for the Community-based Investment Supervision Board to hold meetings and store documents for inspection and supervision purposes.

b) Request relevant agencies, organizations and individuals to fully and promptly provide necessary information and documents at the request of the Community-based Investment Supervision Board;

c) Promptly examine and handling the recommendations of the Community-based Investment Supervision Board; notify handling results within 15 days from the date of receipt of the recommendations;

d) Sanction persons who hinder the Community-based Investment Supervision Board from performing its duties; persons who retaliate or persecute members of the Community-based Investment Supervision Board according to the provisions of law.

3. Program or project owners and management units shall assume the following responsibilities:

a) Provide documents related to implementation of public investment programs and projects at the request of the Community-based Investment Supervision Board on an adequate, truthful and timely manner;

b) Enable the Community-based Investment Supervision Board to carry out the inspection and supervision in accordance with law;

c) Receive comments and recommendations for inspection and supervision of the Community-based Investment Supervision Board, and notify the implementation results to the Community-based Investment Supervision Board.

4. The Government shall impose detailed regulations on organization and operation of the Community-based Investment Supervision Board.

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