Pháp lệnh Thực hiện dân chủ ở xã, phường, thị trấn năm 2007

ORDINANCE

ON EXERCISE OF DEMOCRACY IN COMMUNES, WARDS AND TOWNSHIPS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

This Ordinance provides the exercise of democracy in communes, wards and townships.

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Ordinance provides for the contents to be publicized to people; the contents to be discussed and decided by people; the contents to be commented by people before they are decided by competent bodies; the contents to be supervised by people; the responsibilities of administrations, officials and public servants of communes, wards and townships (below referred collectively to as the communal level), of officials of hamlets, villages (below referred collectively to as villages), population groups of streets, street sections, street blocs (hereinafter referred collectively to as street population groups), of relevant agencies, organizations and individuals as well as of people in exercise of democracy at the communal level.

Article 2.- Principles for exercise of democracy at the communal level

1. To ensure order, discipline, within the framework of the Constitution and law.

2. To ensure the people's rights to know, to contribute opinions, to decide, to exercise and supervise the exercise of democracy at the communal level.

3. To protect the interests of the State, the legitimate rights and interests of organizations and individuals.

4. To ensure publicity and transparency in the exercise of democracy at the communal level.

5. To ensure the Party's leadership and the State's management.

Article 3.- Responsibilities to organize the exercise of democracy at the communal level

1. Within the ambit of their respective tasks and powers, People's Councils and People's Committees at the communal level, relevant agencies, organizations and individuals shall organize the exercise of democracy at the communal level.

2. People's Councils and People's Committees at the communal level shall coordinate with the Vietnam Fatherland Front Committees and the Front's member organizations of the same level in organizing the exercise of democracy at the communal level.

3. The Vietnam Fatherland Front Committees and the Front's member organizations at the communal level shall supervise the exercise of, and to participate in propagating and mobilizing people to exercise democracy at the communal level.

Article 4.- Prohibited acts

1. Failing to observe or acting in contravention of the regulations on exercise of democracy at the commune level.

2. Retaliating people who make complaints, denunciations or petitions related to the exercise of democracy at the communal level.

3. Covering up, obstructing or showing irresponsibility in the settlement of complaints, denunciations or petitions related to the exercise of democracy at the communal level.

4. Taking advantage of the exercise of democracy at the communal level to infringe upon the national security, social order and safety; to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.

Chapter II

CONTENTS TO BE PUBLICIZED TO PEOPLE

Article 5.- Contents to be publicized

1. Plans on socio-economic development; schemes on economic restructuring and annual budget estimates and settlement of the communal level.

2. Investment projects and works and the priority order, implementation schedules, schemes on compensation and support for ground clearance and resettlement related to projects and works in communal-level localities, detailed land use plans and adjustment schemes and planning on population quarters in communal-level localities.

3. Tasks and powers of communal-level officials and public servants, who directly handle the people's affairs.

4. The management and use of assorted funds, investments, financial aids under programs or projects for communal level; contributions mobilized from people.

5. Undertakings and plans on borrowing capital for people to develop production, eliminate hunger and reduce poverty; modes and results of considering and selecting poor households entitled to loans for production development, social relief, construction of charity houses, grant of medical insurance cards.

6. Schemes on establishment, merger, division of administrative units, adjustment of administrative boundaries directly related to the communal level.

7. Results of inspecting, examining and settling negative and corruption cases of communal officials or public servants, village officials, street population group officials; results of votes of confidence on Chairmen and Vice Chairmen of People's Councils, presidents and vice presidents of People's Committees of the communal level.

8. Contents and results of acceptance of people's opinions on matters falling under the deciding competence of the communal-level, which have been put up by communal level administrations for people's comments as provided for in Article 19 of this Ordinance.

9. Payers and collection levels of assorted charges and fees as well as other financial obligations directly collected by communal-level administrations.

10. Legal provisions on administrative procedures for settlement of matters related to people, which are carried out directly by communal-level administrations.

11. Other contents prescribed by law, requested by competent state bodies or considered necessary by communal-level administrations.

Article 6.- Forms of publicity

1. The contents specified in Article 5 of this Ordinance are publicized in the following forms:

a/ Posting up at offices of People's Councils and People's Committees of the communal level;

b/ Publicizing them on communal-level public-address systems;

c/ Publicizing them through village chiefs, street population group leaders for notification to people.

2. Communal-level administrations may simultaneously apply various forms of publicity defined in Clause 1 of this Article; realize the supply of information according to the provisions of Article 32 of the Anti-Corruption Law.

Article 7.- Publicity in form of posting up

1. The contents specified in Clauses 2, 3, 9 and 10 of Article 5 of this Ordinance must be posted up at offices of People's Councils and People's Committees of the communal level.

2. Communal-level administrations have the responsibility to post up the contents defined in Clause 1 of this Article within two days from the date the documents were adopted and signed for promulgation, for matters falling under the deciding competence of communal-level administrations, or from the date the documents were received, for matters falling under the deciding competence of superior state bodies.

3. The duration for posting up the contents defined in Clauses 2 and 9, Article 5 of this Ordinance will be at least thirty consecutive days from the date of post-up; the contents defined in Clauses 3 and 10 of Article 5 of this Ordinance will be posted up regularly.

Article 8.- Publicity via public-address systems or public notification by village chiefs, street population group leaders to people

1. The contents defined in Clauses 1, 4, 5, 6, 7, 8 and 11 of Article 5 of this Ordinance will be publicized on communal-level public-address systems or forwarded to village chiefs, street population group leaders for notification to people.

2. Communal-level administrations have the responsibility to publicize the contents defined in Clause 1 of this Article within two days from the date the documents were adopted and signed for promulgation, for matters falling under the deciding competence of communal-level administrations, or from the date the documents were received, for matters falling under the deciding competent of superior state bodies.

3. For publicity on communal-level public-address systems, the publicity duration will be three consecutive days.

Article 9.- Responsibilities to organize the materialization of publicized contents

1. Communal-level People's Committees shall formulate and adopt plans for materialization of publicized contents, which clearly state the materialization methods, time and the responsibility to organize the materialization.

2. Communal-level People's Committee presidents shall organize the implementation and direct the implementation of adopted plans and schemes.

3. Communal-level People's Committees shall report to People's Councils of the same level on the process and results of materializing the publicized contents at the coming sessions of People's Councils.

Chapter III

CONTENTS TO BE DISCUSSED AND DECIDED BY PEOPLE

Section 1. CONTENTS AND FORMS OF DIRECT DISCUSSION AND DECISION BY PEOPLE

Article 10.- Contents to be directly discussed and decided by people

People directly discuss and decide on undertakings and levels of contributions to the construction of infrastructures, public facilities within the scope of communes, villages, population groups, to which people fully or partially contribute funds, and other matters within population communities in accordance with the provisions of law.

Article 11.- Forms of direct discussion and decision by people

1. People directly discuss and decide on the contents specified in Article 10 of this Ordinance by one of the following modes:

a/ Organizing meetings of voters or voter-representatives of households in each village or street population group;

b/ Distributing opinion- gathering tickets to voters or voter-representatives of households.

2. In case of organizing meetings of voters or voter-representatives of households, the voting is conducted in form of hand-raising or secret ballot; the form of voting is decided by the meetings; if the number of votes for fail to reach 50% of the total number of voters or voter-representatives of households in the village, the street population group or the whole commune, meetings will be reorganized.

3. Where meetings cannot be reorganized, opinion-gathering tickets are distributed to voters or voter-representatives of households.

Article 12.- Implementation validity for matters directly discussed and decided by people

1. The contents specified in Article 10 of this Ordinance, which are directly discussed and decided by people and agreed upon by more than 50% of the total number of voters or voter-representatives of households in the village, street population group or the whole commune, are valid for implementation.

2. People shall participate in discussing and deciding on affairs of villages, street population groups and communes under the provisions of law; abide by and implement decisions valid for implementation.

3. Communal-level administrations shall coordinate with the Vietnam Fatherland Front Committees and the Front's member organizations of the same level in propagating, mobilizing and persuading voters or households, that have not yet agreed on the implementation of decisions already valid for implementation.

Section 2. CONTENTS AND MODES OF DISCUSSION AND VOTING BY PEOPLE FOR DECISION BY COMPETENT AUTHORITIES

Article 13.- Contents to be discussed and voted on by people

1. Rules or conventions of villages or street population groups.

2. Election, relief from duty, removal from office, of village chiefs, street population group leaders.

3. Election and removal from office of members of the People's Inspection Boards, the Community Boards for Investment Supervision.

Article 14.- Modes of discussion and voting by people

1. People discuss and vote on the contents specified in Article 13 of this Ordinance by one of the following modes:

a/ Organizing meetings of voters or voter-representatives of households in each village or street population group;

b/ Distributing opinion-gathering-tickets to voters or voter-representatives of households.

2. In case of organizing meetings of voters or voter-representatives of households, the voting is conducted in form of hand-raising or secret ballot; the voting form is decided by the meetings; if the number of votes for fail to reach more than 50% of the total number of voters or voter-representatives of households in the village or street population group, meetings will be reorganized.

3. Where meetings cannot be reorganized, opinion-gathering tickets are distributed to voters or voter-representatives of households, except for the election, relief from duty or removal from office, of village chiefs, street population group leaders.

Article 15.- Implementation validity for matters discussed and voted on by people

1. The contents specified in Clause 1, Article 13 of this Ordinance, which are agreed upon by more than 50% of the total number of voters or voter-representatives of households in the village or street population group, are valid for implementation after they are recognized by written decisions of People's Committees of rural districts, urban districts, provincial towns or cities (below collectively referred to as the district level).

2. The contents specified in Clause 2, Article 13 of this Ordinance, which are agreed upon by more than 50% of the total number of voters or voter-representatives of households in the village or street population group, are valid for implementation after they are recognized by written decisions of communal-level People's Committees.

3. The contents specified in Clause 3, Article 13 of this Ordinance, which are agreed upon by more than 50% of the total number of voters or voter-representatives of households, are valid for implementation after they are recognized by Vietnam Fatherland Front Committees of the communal level.

Article 16.- The recognition of contents discussed and voted on by people

1. The recognition of rules or conventions of villages or street population groups is carried out as follows:

a/ Village chiefs or street population group leaders shall immediately report to communal-level People's Committees on results of discussion and voting by people;

b/ Within three working days after the receipt of reports of village chiefs or street population group leaders, district-level People's Committees shall make and submit dossiers to district-level People's Committees;

c/ Within seven working days after the receipt of dossiers of request of commune-level People's Committees, district-level People's Committees shall consider and issue decisions of recognition; in case of non-recognition, they shall reply in writing and clearly state the reason therefor.

2. The recognition of results of election, relief from duty, removal from office, of village chiefs or street population group leaders is carried out as follows:

a/ Persons who chair meetings of villages or street population groups shall make records and immediately report to communal-level People's Committees on results of election, relief from duty or removal from office, of village chiefs or street population group leaders;

b/ Within five working days after the receipt of the reports, communal-level People's Committees shall consider and issue recognition decisions; in case of non-recognition, they must reply in writing and clearly state the reason therefor.

3. The recognition of results of election or relief from duty of members of People's Inspection Boards or Community Boards for Investment Supervision is carried out as follows:

a/ Persons who chair the meetings shall immediately report to Vietnam Fatherland Front Committees of the communal level on the results of election or relief from duty, of member of People's Inspection Boards or Community Boards for Investment Supervision;

b/ Within five working days after the receipt of the reports, communal-level Vietnam Fatherland Front Committees shall consider and recognize them; in case of non-recognition, they must reply in writing and clearly state the reasons therefor.

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

Article 17.- Responsibilities of communal-level People's Committees and communal-level People's Committee presidents

1. Communal-level People's Committees shall work out and adopt plans on materialization of the contents discussed and decided by people; coordinate with Vietnam Fatherland Front Committees and socio-political organizations of the same level in organizing the materialization; direct village chiefs, street population group leaders to implement the adopted plans.

2. Communal-level People's Committee presidents shall make general written records on results of the contents discussed and decided by people of the entire communes; organize the materialization of the contents already decided by people; coordinate with communal-level Vietnam Fatherland Front Committees in organizing the election, relief from duty or removal from office, of village chiefs, street population group leaders.

3. Communal-level People's Committees shall report to People's Councils of the same level on the process and results of materializing the contents discussed and decided by people at coming sessions of People's Councils.

Article 18.- Responsibilities of village chiefs, street population group leaders

1. To assume the prime responsibility for, and coordinate with the Front Activities Boards in villages or street population groups in, organizing meetings of voters or voter-representatives of households, or distributing tickets to gather opinions of voters or voter-representatives of households for people to materialize the contents specified in Article 10, Clauses 1 and 3 of Article 13 of this Ordinance.

2. To make written records on results of direct discussion and decision by people of villages or street population groups on affairs of the villages or street population groups.

3. To make written records on direct discussion and decision by people of villages or street population groups on affairs of the communes; report on results to communal-level People's Committee presidents.

4. To organize the performance of tasks in villages, street population groups, which have been already decided by people.

Chapter IV

CONTENTS TO BE COMMENTED BY PEOPLE BEFORE THEY ARE DECIDED BY COMPETENT BODIES

Article 19.- Contents to be commented by people

1. Draft plans on socio-economic development at the communal level; economic and production- restructuring options; schemes on sedentary farming, resettlement and new economic zones and production and business line development options of the communal level.

2. Draft detailed land use planning and plans and adjustment schemes; the management and use of land areas of the communal level.

3. Draft plans on implementation of programs and projects in communal-level localities; undertakings and schemes on ground clearance compensation and supports, infrastructure construction, resettlement; schemes on population quarter planning.

4. Draft schemes on establishment, merger, division of administrative units, adjustment of administrative boundaries, directly related to communal-level localities.

5. Other contents, which need people's comments as required by law, requested by competent state bodies or considered necessary by communal-level administrations.

Article 20.- Modes of giving comments by people

1. Meetings of voters or voter-representatives of households in each village, street population group.

2. Distributing tickets to gather comments of voters or voter-representatives of households.

3. Installing mailboxes for comments.

Article 21.- Responsibilities of communal-level administrations to organize the materialization of contents commented by people

1. Communal-level People's Committees shall work out and adopt plans to gather people's comments on contents which fall under the deciding competence of communal-level administrations, which clearly state the implementation methods, time and responsibilities.

2. Communal-level People's Committees shall coordinate with the Vietnam Fatherland Front Committees and socio-political organizations of the same level in organizing the implementation of the adopted plans.

3. Communal-level People's Committee presidents shall direct the organization of comment gathering, sum up opinions of voters or voter-representatives of households; study and assimilate opinions and notify people of the assimilation of opinions of voters or voter-representatives of households.

Where communal-level administrations' decisions on the contents specified in Article 19 of this Ordinance are different from the majority opinions, they must clearly state the reasons and take responsibility for their decisions.

4. For contents assigned to communal-level administrations by competent bodies for gathering people's comments, communal-level People's Committees shall work out and adopt implementation plans, clearly stating the implementation methods, time and responsibilities; direct the organization of implementation, sum up opinions and report to competent bodies on results of gathering comments of people in the localities.

5. Communal-level People's Committees shall report to People's Councils of the same level on the process and results of materializing the contents put up for people's comments at coming sessions of People's Councils.

Article 22.- Responsibilities of superior competent bodies to organize the materialization of contents commented by people in communal-level localities

1. To gather people's comments before deciding on matters directly related to the rights and interests of citizens in communal-level localities.

2. To direct the communal-level People's Committees to organize the gathering of comments of people in communal-level localities.

3. To supply documents necessary for organizing the gathering of people's comments.

4. To assimilate people's comments on the contents put up for comments. Where competent bodies' decisions on the contents specified in Article 19 of this Ordinance are different from the majority opinions, they must clearly state the reasons and take responsibility for their decisions.

Chapter V

CONTENTS TO BE SUPERVISED BY PEOPLE

Article 23.- Contents to be supervised by people

People supervise the materialization of the contents specified in Articles 5, 10, 13 and 19 of this Ordinance.

Article 24.- Modes of performing the people's supervision

1. People perform the supervision through activities of People's Inspection Boards, Community Boards for Investment Supervision.

The order and procedures for operation of People's Inspection Boards and Community Boards for Investment Supervision comply with provisions of law.

2. People directly perform the supervision through their complaints, denunciations or petitions lodged with competent bodies or organizations or petitions via Vietnam Fatherland Front Committees, the Front's member organizations of the communal level, People's Inspection Boards or Community Boards for Investment Supervision.

The order and procedures for complaints, denunciations and petitions by people comply with the provisions of law.

Article 25.- Responsibilities of agencies, organizations and individuals to realize the people's supervision

Within their respective tasks and powers, agencies, organizations and individuals have the following responsibilities:

1. To fully and timely supply necessary information and documents for People's Inspection Boards, Community Boards for Investment Supervision;

2. To examine, settle and reply in time complaints, denunciations and petitions of citizens, petitions of People's Inspection Boards, Community Boards for Investment Supervision, Vietnam Fatherland Front Committees, the Front's member organizations at the communal level or to report to competent bodies on matters falling beyond their settling competence;

3. To handle persons who commit acts of obstructing activities of People's Inspection Boards, Community Boards for Investment Supervision or persons who commit acts of revenging or retaliating complainants, denouncers or petitioners under provisions of law.

Article 26.- Votes of confidence

1. Biennially in a term of communal-level People's Councils, Standing Boards of Vietnam Fatherland Front Committees of the same level organize the votes of confidence on chairmen and vice chairmen of People's Councils, presidents and vice presidents of People's Committees of the communal level.

2. Participants in the vote of confidence include members of the Vietnam Fatherland Front Committees, executive members of socio-political organizations of the communal level, heads of People's Inspection Boards, heads of Community Boards for Investment Supervision (if any), secretaries of Party cells, village chiefs, street population group leaders, heads of village, street population group boards for Front activities.

3. Standing boards of communal-level Vietnam Fatherland Front Committees send results of the vote of confidence and their proposals to People's Councils of the same level and competent agencies or organizations.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 27.- Implementation effect

1. This Ordinance takes effect on July 1, 2007.

2. The Government's Decree No.79/2003/ND-CP of July 7, 2003, promulgating the Regulation on Exercise of Democracy in Communes ceases to be effective from the effective date of this Ordinance.

Article 28.- Implementation guidance

The Government, the Vietnam Fatherland Front Central Committee shall, within the ambit of their respective tasks and powers, guide the contents specified in Articles 11, 14, 16, 22 and 26 of this Ordinance.