Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 29/1998/ND-CP | Hanoi, May 11, 1998 |
PROMULGATING THE REGULATION ON THE EXERCISE OF DEMOCRACY IN COMMUNES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Resolution No.45/1998/UBTVQH10 of the National Assembly Standing Committee of February 26, 1998 on the issuance of the Regulation on the exercise of democracy in communes, wards and townships;
At the proposal of the Minister-Head of the Government Commission for Organization and Personnel,
DECREES:
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THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
ON THE EXERCISE OF DEMOCRACY IN COMMUNES
(issued together with Decree No. 29/1998/ND-CP of May 11, 1998 of the Government)
FOREWORD
Democracy is the nature of our regime and State. Our Party and State always respect and bring into full play the people's mastery, creating an enormous strength and making a decisive contribution to the success of our revolution.
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This Regulation only defines the work to be informed and publicized by the local administration to the people, the work to be directly discussed and decided by the people, the work to be consulted by the people before being decided by the State agencies, the work to be supervised and inspected by the people as well as the forms of implementing the democracy regulations.
WORK TO BE INFORMED TO THE PEOPLE
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2. The State's and local administration's regulations on the administrative procedures for settling matters that concern people.
3. The communes' long-term and annual socio-economic development plans.
4. The land use planning and plans.
5. Resolutions of the commune-level People's Councils and decisions of the commune-level People's Committees and those of the higher-levels relating to the localities.
6. The annual estimates and settlements of the communes' budgets
7. The estimates and settlements of revenues and expenditures of funds, projects, mobilized contributions for infrastructure construction, and public facilities of communes, hamlets and villages as well as their implementation results.
8. Programs and projects in the communes directly invested or sponsored by the State, organizations or individuals.
9. Policies and plans on lending of capital for production development, hunger alleviation and poverty reduction.
10. Adjustments of the administrative boundaries of communes and administrative units related to communes.
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12. The social and cultural activities, the prevention and fight of social vices, the maintenance of security, social order and safety in communes.
13. The preliminary and sum-up reviews of activities of the commune People's Councils and People's Committees.
14. Other things the local administrations deem necessary and the people request to be informed of.
1. Written documents.
2. Public posting at the offices of the People's Committees and residential quarters and cultural centers.
3. The public-addressing systems of communes, hamlets and villages and local cultural, information and propagation organizations.
4. Meetings between voters and members of the commune People's Councils.
5. Meeting sessions of the commune People's Councils, meetings of the Fatherland Front Committees, mass organizations and associations, meetings of villages or hamlets.
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WORK TO BE DIRECTLY DISCUSSED AND DECIDED BY THE PEOPLE
1. Undertakings on the contributions and their levels for the construction of infrastructure and public welfare works (power supply, roads, schools, health centers, cemeteries, cultural and sport facilities...).
2. Raising of funds and their revenues and expenditures within the framework of laws,
3. Elaboration of village conventions, rules of cultural villages, building of a civilized life style, maintenance of security and order, abolishment of bad practices, superstition and social vires.
4. Internal affairs of the village or hamlet population communities in compliance with the State's laws.
5. Setting up of boards in charge of supervising construction projects built with the people's contributions.
6. Organization of the protection of production and business.
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Article 8.- Modes of doing work directly decided by the people:
The Party committees shall assume the leading role and the commune People's Communes shall elaborate options, programs and plans. The commune People's Committees shall coordinate with the local Fatherland Front Committees in directing and organizing the discussion and decision making by the people in one of the following forms:
1. Organizing meetings of the people in each hamlet or village, who shall discuss and vote openly or by secret ballots then sending reports thereon to the commune People's Committees.
2. Organizing meetings of household heads who shall discuss and vote openly or by secret ballots then sending reports thereon to the commune People's Committees.
The above-mentioned meetings shall only be held with the participation of at least two thirds of the people (or households) supposed to attend.
3. If meetings are not organized, public poll cards shall be distributed to households to collect their opinions.
With the approval of the majority of the people or households, the commune People's Committees shall organize the implementation of the work under the supervision and inspection of the commune people's inspection boards or the project supervision boards elected by the people. The people shall have the duty to strictly observe the decisions approved by the majority. If they deem the majority's decisions inconsistent with laws or regulations of the local administrations, the commune People's Committees shall propose them to the district People's Committees for consideration and decision.
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1. Draft long-term planning and annual plans on the communes' socio-economic development, options on the economic and production restructuring, business development and job creation for laborers.
2. Draft planning and plans on the land use in the localities and the efficient management and use of the localities' public land funds.
3. Draft zoning on the residential areas and the schemes on sedentarization and new economic zones. Plans and schemes on the mobilization and use of people's contributions to invest in the construction of infrastructure under the management by communes.
4. Draft schemes on the demarcation and adjustment of communes' administrative boundaries, plans on the division, splitting or establishment of villages or hamlets.
5. Draft plans on the implementation of national programs on health, clean water and environmental hygiene.
6. Undertakings and plans on compensation for ground clearance.
7. Nomination of candidates to stand for the commune People's Council election.
8. Other work deemed necessary by the People's Councils and/or People's Committees.
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1. Distributing questionnaires to every household.
2. Organizing meetings of the people or household heads in villages or hamlets for discussion, then sending reports thereon to the commune People's Committees.
3. Organizing meetings of mass organizations and economic organizations for discussion, then sending reports thereon to the commune People's Committees.
4. Establishing mail boxes for public opinions. The collected opinions shall be summed up by the commune People's Committees.
The results of the meetings and public polls must be fully and objectively reported so that the commune People's Committees can consider and sum them up before submitting them to the commune People's Councils for decision according to their jurisdiction or submission to the higher-level for consideration.
WORK TO BE SUPERVISED AND INSPECTED BY THE PEOPLE
Article 11.- Work to be supervised and inspected by the commune people include:
1. Activities of the commune People's Councils and People's Committees.
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3. Activities of members of the commune People's Councils and officials of the People's Committees as well as State officials and employees working in the localities.
4. Settlement of citizens' complaints and denunciations.
5. Estimates and final settlement of accounts of the commune budgets.
6. Results of the take-over tests and final settlement of accounts of projects constructed with the people's contributions and the communes' programs and projects directly invested or financed by the State, organizations and/or individuals.
7. Land management and use.
8. Revenues and expenditures of various funds and fees according to the State regulations as well as various contributions of the people.
9. Results of the inspection, supervision and handling of negative and corrupt cases involving commune officials.
10. The implementation of the regimes and policies on preferential treatment, care and support for war invalids, diseased, war martyrs' families, people and families with meritorious services to the country, social insurance and social relief policies.
Article 12.- Modes of implementing work to be supervised and inspected by the people:
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2. Representatives of mass organizations and people shall be invited as observers to the meeting sessions of the commune People's Councils.
3. Through such organizations as the Fatherland Front Committee, the Ho Chi Minh Communist Youth Union, the Women's Union, the Peasants' Association, the War Veterans' Association and the Aged's Association.
4. Through the people's inspection boards established and operating in accordance with law.
5. The commune People's Committees shall have to organize the reception of people, promptly deal with citizens' proposals, complaints and denunciations in accordance with the provisions of law.
6. When detecting signs of corrupt or negative acts, acts of using for a wrong purpose or slandering budget revenues or expenditures, contributions or funds and the mismanagement of land, the people shall be entitled to request the clarification thereof, the People's Councils, the People's Committees and the direct managers must supply information and fully explain the above-mentioned problems without any restrictions.
BUILDING OF VILLAGE OR HAMLET POPULATION COMMUNITIES
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2. Discuss the methods to materialize the commune People's Councils' resolutions and the commune People's Committees' decisions, to fulfill citizens' obligations and the tasks assigned by the higher levels.
3. Discuss and contribute opinions to the reports on the working results, and self-criticisms of village or hamlet chiefs, of the chairmen of the People's Councils and the presidents of the People's Committees.
4. Elect or dismiss the village or hamlet chief(s); elaborate village or hamlet conventions and rules; appoint people to various boards, self-managed groups or the people's inspectorate.
The meeting resolutions shall be valid only when they are approved by at least more than half of the participants in the meetings and not at variance with law.
Village or hamlet chiefs shall have the following tasks and powers:
1. Guiding, urging, organizing and mobilizing people to fulfill their obligations and exercise their rights, materialize the People's Councils' resolutions and the People's Committees' decisions and perform the tasks assigned by the commune People's Committees.
2. Coordinating with the village or hamlet Fatherland Front's working boards in chairing village or hamlet meetings; organizing the implementation of the population community's decisions.
3. Coordinating with the economic organizations, the Fatherland Front, mass organizations and associations in guiding the people to develop economic activities, improve their living standards, maintain social order and safety and build the infrastructure in the villages or hamlets.
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5. Promptly detecting and reporting to the commune People's Committees acts of violating laws, infringing upon citizens' interests and democratic freedoms.
6. Making semi-annual reports on the working results, self-criticisms or reviews and present them before the village or hamlet meetings.
7. Being entitled to participate in training and fostering courses and to enjoy allowances prescribed by the provinces or cities directly under the Central Government.
The People's Committees of the provinces or cities directly under the Central Government shall specify the tasks, powers, working terms and allowances for village or hamlet chiefs.
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THE GOVERNMENT
PRIME MINISTER
Phan Van Khai