Law on the Implementation of Grassroots Democracy, Law No. 10/2022/QH15

LAW

On the Implementation of Grassroots Democracy

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on the Implementation of Grassroots Democracy.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides contents and methods of the implementation of grassroots democracy, rights and obligations of citizens in the implementation of grassroots democracy, and responsibilities of agencies, units, organizations and individuals in ensuring the implementation of grassroots democracy.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Grassroots means communes, wards and townships (below collectively referred to as commune-level localities) and residential communities in commune-level localities; state agencies and public non-business units (below collectively referred to as agencies and units); and labor-employing organizations.

2. Implementation of grassroots democracy means a method of promoting the people’s mastery for citizens, cadres, civil servants, public employees and workers to be informed, express their wills, aspirations and opinions through discussing, giving opinions, deciding on, and examining and supervising matters arising at the grassroots level in accordance with the Constitution and law.

3. Residential community means a group of Vietnamese citizens who live in the same village or hamlet (below collectively referred to as village), or the same residential quarter or sub-quarter (below collectively referred to as residential quarter).

4. Labor-employing organizations include state enterprises and other enterprises and organizations that hire or employ labor under labor contracts in the non-state sector.

Article 3. Principles of implementation of grassroots democracy

1. To guarantee the rights of citizens, cadres, civil servants, public employees and workers to know, give opinions, decide on, and examine and supervise, the implementation of grassroots democracy.

2. To ensure the leadership of the Party, the management of the State, and the core role of the Vietnam Fatherland Front and socio-political organizations in the implementation of grassroots democracy.

3. To implement grassroots democracy within the framework of the Constitution and law; to ensure order and discipline and not to obstruct the normal operation of commune-level administrations, agencies, units and labor-employing organizations.

4. To protect the interests of the State and the lawful rights and interests of organizations and individuals.

5. To ensure publicity and transparency, and enhance accountability in the course of the implementation of grassroots democracy.

6. To respect the people’s opinions, and promptly settle the people’s petitions and reports.

Article 4. Scope of implementation of grassroots democracy

1. All citizens shall implement democracy in communes, wards, townships, villages and residential quarters where they reside.

2. Citizens who are cadres, civil servants, public employees or workers shall implement democracy in agencies or units where they work. In case an agency or a unit has subordinate units, the implementation of democracy at such subordinate units shall be decided by the head of the agency or unit.

3. Citizens who are workers shall implement democracy at labor-employing organizations with which they enter into labor contracts. In case a labor-employing organization has subordinate units, the implementation of democracy at such subordinate units must comply with the charter, internal rules and regulations of the labor-employing organization and relevant laws.

Article 5. Rights of citizens in the implementation of grassroots democracy

1. To be entitled to public notification of information and request provision of information in an adequate, accurate and prompt manner in accordance with law.

2. To propose initiatives, give opinions, discuss and decide on contents on the implementation of grassroots democracy in accordance with this Law and other relevant laws.

3. To examine, supervise, recommend, report, complain, denounce and initiate lawsuits with regard to decisions and acts that violate the law on the implementation of grassroots democracy in accordance with law.

4. To have their lawful rights and interests recognized, respected, protected and guaranteed in the implementation of grassroots democracy in accordance with law.

Article 6. Obligations of citizens in the implementation of grassroots democracy

1. To comply with the law on the implementation of grassroots democracy.

2. To give opinions on contents put for opinion at the grassroots level in accordance with this Law and other relevant laws.

3. To abide by decisions of residential communities, local administrations, agencies, units and labor-employing organizations.

4. To promptly send proposals, reports and denunciations to competent agencies upon detecting violations of the law on the implementation of grassroots democracy.

5. To respect and ensure social order and safety, the interests of the State, and the lawful rights and interests of organizations and individuals.

Article 7. Citizens’ rights to benefit

1. To have their human rights and citizens’ rights in political, civil, economic, cultural and social affairs recognized, respected, protected and guaranteed by the State and law; to have the rights to implementation of grassroots democracy guaranteed in accordance with this Law and other relevant laws.

2. To be fully and promptly informed of their lawful rights and interests and social security and social welfare policies in accordance with law and decisions of local administrations, agencies, units and organizations where they reside and work.

3. To benefit from achievements of the cause of renewal, socio-economic development, social security regime, and safety and stability of the country, localities, agencies, units and labor-employing organizations and results of the implementation of grassroots democracy in their places of residence or workplaces.

4. To be assisted in participating in learning, working, labor, production and business activities and improving the material and spiritual life of themselves, their families and communities.

Article 8. Measures to ensure the implementation of grassroots democracy

1. To provide further training for improvement of professional qualifications of persons assigned to organize the implementation of the law on the implementation of grassroots democracy.

2. To intensify the public communication and education about the law on the implementation of grassroots democracy; to raise the public awareness about assurance of the implementation of grassroots democracy.

3. To raise the responsibility of agencies, units and organizations, and the exemplary  role of heads, leaders, managers, Party members, cadres, civil servants, public employees and part-time workers in communes, villages and residential quarters  in the implementation of democracy and assurance of the implementation of grassroots democracy; to regard the level of the implementation of grassroots democracy by commune-level administrations, agencies, units and organizations as a ground for evaluating their task performance.

4. To promptly praise, commend and reward persons who have recorded numerous achievements in promoting, and properly organizing the implementation of, grassroots democracy; to detect and strictly handle agencies, units, organizations and individuals that violate the law on the implementation of grassroots democracy.

5. To support and promote the application of information technology and science-technology, supply technical equipment, and ensure other necessary conditions for organizing the implementation of grassroots democracy in conformity with the process of building e-government, digital government and digital society.

Article 9. Prohibited acts in the implementation of grassroots democracy

1. Causing difficulties or troubles or obstructing or intimidating citizens from implementing grassroots democracy.

2. Covering up, obstructing, victimizing or showing irresponsibility in the settlement of petitions, complaints and denunciations; revealing information about whistleblowers or informants of violations related to the implementation of grassroots democracy.

3. Taking advantage of the implementation of grassroots democracy to commit acts of infringing upon national security or social order and safety or infringing upon the interests of the State or the lawful rights and interests of organizations and individuals.

4. Taking advantage of the implementation of grassroots democracy to distort, slander, cause conflicts, provoke violence, or practice discrimination in terms of region, gender, religion or ethnicity, thus causing damage to individuals, agencies, units and organizations.

5. Forging documents, cheating or using other tricks to falsify results of the discussion, decision making and opinion contribution by citizens.

Article 10. Handling of violations of the law on the implementation of grassroots democracy

1. Individuals who commit acts of violating the law on the implementation of grassroots democracy shall, depending on the nature and severity of their violations, be administratively sanctioned, subject to application of administrative handling measures or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.

2. Organizations that commit violations of this Law and other laws concerning the implementation of grassroots democracy shall, depending on the nature and severity of their violations, be administratively sanctioned; if causing damage, they shall pay compensation in accordance law.

3. Cadres, civil servants and public employees who abuse their positions and powers to violate this Law, infringe upon the interests of the State or the lawful rights and interests of organizations and individuals shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensation in accordance with law.

4. The sanctioning of administrative violations and imposition of disciplining measures for violations of the law on the implementation of grassroots democracy must comply with the Government’s regulations.

Chapter II

IMPLEMENTATION OF DEMOCRACY IN COMMUNES, WARDS AND TOWNSHIPS

Section 1

PUBLICIZATION OF INFORMATION IN COMMUNES, WARDS AND TOWNSHIPS

Article 11. Contents required to be made public by commune-level administrations

Except information classified as state secrets or information not yet permitted for being made public in accordance with law, commune-level administrations shall make public the following contents:

1. Annual commune-level socio-economic development plans and economic restructuring plans and their implementation results;

2. Data and explanatory reports on commune-level state budget estimates and financial operation plans submitted to commune-level People’s Councils; budget estimates and financial operation plans decided by commune-level People’s Councils; data and explanatory reports on the implementation of quarterly, biannual and annual commune-level budget estimates; account-finalization of state budget funds and results of the implementation of other financial activities approved by commune-level People’s Councils; and results of the realization of recommendations of the State Audit Office of Vietnam (if any);

3. Investment projects and works in commune-level localities and their implementation progress; plans on land recovery, and compensation, support and resettlement upon land recovery for the implementation of investment projects and works in commune-level localities; plans on management and use of land areas managed by commune-level authorities; plans on lease of agricultural land areas for use for public-utility purposes by commune-level authorities; master plans on construction of district regions and master plans on construction of communes and rural residential areas; general plans for townships, and zoning plans and detailed plans for areas within townships;

4. Regulations on the implementation of democracy in communes, wards and townships; tasks and powers of cadres, civil servants and part-time workers at the commune level and in villages and residential quarters; the code of conduct of persons holding positions and powers of commune-level administrations;

5. Management and use of assorted funds and investment and donation amounts under programs and projects for commune-level localities; contributions mobilized from the people;

6. Investment in construction, procurement, allocation, lease, use, recovery, transfer, transformation, sale, liquidation, destruction and otherwise disposal of public assets managed by commune-level authorities; exploitation of financial resources from public assets of commune-level administrations;

7. Guidelines, policies, plans, criteria, beneficiaries, process of consideration and selection of beneficiaries, and results of the implementation of support, subsidy and credit policies for the implementation of national target programs, production development, support for housing construction, and issuance of health insurance cards, and other social security policies implemented in commune-level localities;

8. Information about the scope, beneficiaries, methods of selecting and identifying beneficiaries, and level of, and time and procedures for distributing, support amounts from the state budget to overcome difficulties caused by disasters, epidemics, incidents or catastrophes or to help patients suffering serious diseases in commune-level localities; and management and use of voluntary contributions and donations of domestic and foreign organizations and individuals for support beneficiaries in commune-level localities;

9. Number and categories of, and criteria for, persons to be enlisted; list of citizens who are eligible to be enlisted in the army and perform the obligation to join the People’s Public Security forces; list of citizens who are enlisted and perform the obligation to join the People’s Public Security forces; and list of persons eligible for postponement of enlistment or exemption from enlistment in commune-level localities;

10. Results of inspection, examination and settlement of cases and matters concerning corruption, negative practices and discipline violations of cadres, civil servants and part-time workers at the commune level and in villages and residential quarters; results of collection of votes of confidence and casting of votes of confidence for the titles of Chairperson, Vice Chairperson and Head of Committee of commune-level People’s Council, and for the titles of Chairperson, Vice Chairperson and member of commune-level People’s Committee;

11. Plans on collection of the people’s opinions, contents put for opinion, results of synthesizing opinions and explaining and receiving the people’s opinions on the contents put by commune-level administrations for collection of the people’s opinions as specified in Article 25 of this Law;

12. Payers and levels of charges, fees and other financial obligations that are directly collected by commune-level administrations;

13. Administrative procedures and procedures for settlement of affairs related to organizations and individuals that are directly carried out by commune-level administrations;

14. Other contents as specified by law and regulations on the implementation of democracy in communes, wards and townships.

Article 12. Forms and time of information publicization

1. Forms of information publicization:

a/ Display of information;

b/ Posting of information on portals or websites of commune-level administrations;

c/ Broadcasting of information in commune-level public address systems (if any);

d/ Notification of information by heads of villages or heads of residential quarters to citizens;

dd/ Sending of notices of information to citizens;

e/ Announcement at exchange meetings and dialogues between commune-level People’s Committees and the people;

g/ Publicization through the reception of citizens, at meetings with voters, press conferences, press releases, or by spokespersons of commune-level People’s Committees in accordance with law;

h/ Notification of information to political organizations, socio-political organizations and other mass organizations of the same level for dissemination among members of such organizations at the grassroots level;

i/ Publicization via lawful telecommunications networks or social networks in accordance law, ensuring conformity with the level of information technology application at the commune level and in villages and residential quarters;

k/ Other forms specified by law and regulations on the implementation of democracy in communes, wards and townships.

2. The publicization of information under Article 11 of this Law in border, island and mountainous areas, areas with extremely difficult socio-economic conditions and ethnic minority-inhabited areas must comply with the Government’s relevant regulations.

3. The time of information publicization in each field must comply with relevant regulations. In case there are no regulations providing the time of information publicization, commune-level People’s Committees shall organize the publicization of information within 5 working days from the date of issuance of a competent agency’s decision or document on contents subject to publicization.

Article 13. Selection of forms of information publicization

1. In localities where websites or portals are available, commune-level People’s Committees shall post on websites or portals of commune-level administrations the information contents specified in Article 11 of this Law.

2. Commune-level People’s Committees shall display the information contents specified in Clauses 1, 2, 3, 5, 6, 7, 8, 9, 10, 11 and 12, Article 11 of this Law at head offices of commune-level People’s Councils and People’s Committees, and at cultural houses and places for community activities in villages and residential quarters. The period of information display must be at least 30 consecutive days, unless otherwise provided by law.

The information contents specified in Clauses 4 and 13, Article 11 of this Law shall be regularly displayed at head offices of commune-level People’s Councils and People’s Committees and updated upon the occurrence of any change. The list of contents that have been made public together with the form and time of publicization shall be made and updated on a quarterly basis and displayed at head offices of commune-level People’s Councils and People’s Committees and at cultural houses and places for community activities in villages and residential quarters.

3. The information contents specified in Clauses 7 thru 12, Article 11 of this Law shall be made public in commune-level public address systems (if any) for at least 3 consecutive days.

4. The information contents specified in Clause 3 of this Article shall be sent to heads of villages and heads of residential quarters for notification to the people. The notification of information to the people under this Clause shall be carried out in one or more than one form, including announcement at meetings of residential communities, or at meetings or during community activities of political organizations, socio-political organizations or other mass organizations in villages and residential quarters; direct announcement or sending of notices to every household; sending of messages to representatives of households or use of lawful social networks selected by residential communities in accordance with law.

5. In addition to the forms of information publicization specified in Clauses 1, 2, 3 and 4 of this Article, commune-level People’s Committees may decide to choose other forms of information publicization specified in Clause 1, Article 12 of this Law as suitable to practical conditions of localities, thereby ensuring the people’s access to information in an accurate, adequate, prompt and convenient manner.

6. In case it is otherwise provided by law for forms and methods of publicization of specific information contents, such provisions shall apply.

Article 14. Responsibility for organizing information publicization

1. Commune-level People’s Committees shall formulate plans on information publicization, which must clearly state information contents to be publicized, forms of publicization, time and period of publicization, and responsibility for organization of information publicization.

Chairpersons of commune-level People’s Committees shall direct the implementation of plans approved by commune-level People’s Committees; examine and urge the implementation of such plans and report implementation results to commune-level People’s Committees.

In case there are modifications in the publicized information, modified contents shall be promptly publicized under this Section.

2. Commune-level People’s Committees shall provide information at the request of citizens in accordance with the Law on Access to Information, with regard to information for which the time limit for publicization has not yet expired but which has not yet been made public, information for which the time limit for publicization has expired, or information which is currently put for publicization but not accessible to applicants due to force majeure events.

3. Commune-level People’s Committees shall sum up and report to the same-level People’s Councils on the information publicization process and results at the nearest regular meeting and concurrently send reports to the same-level Vietnam Fatherland Front Committees for oversight.

Section 2

DISCUSSION AND DECISION BY THE PEOPLE

Article 15. Contents put for discussion and decision by the people

1. Guidelines and levels of contribution for the construction of infrastructure facilities and public works in commune-level localities, villages and residential quarters, to which the people contribute the whole or part of funds, assets or labor.

2. Collection, payment and management of the people’s contributions in residential communities in addition to amounts specified by law; collection, payment and management of funds and assets assigned to residential communities for management or received from other lawful revenue, donation or support sources.

3. Contents of village codes and conventions of residential communities.

4. Election and permission for resignation of heads of villages and heads of residential quarters.

5. Election and permission for resignation of members of Community-Based People’s Inspection Boards and Investment Monitoring Boards.

6. Other self-governance affairs within residential communities that are not contrary to law and are conformable with fine customs and social morality.

Article 16. Proposal of contents for the people to discuss and decide

1. For contents to be implemented in commune-level localities, chairpersons of commune-level People’s Committee shall, after reaching agreement with chairpersons of same-level Vietnam Fatherland Front Committees, decide on contents, select forms, and direct and guide heads of villages and heads of residential quarters to organize the people’s discussion and making of decision.

2. For contents to be implemented only in villages or residential quarters, heads of villages or heads of residential quarters shall, after reaching agreement with heads of the Boards for Fatherland Front Affairs in villages or residential quarters, propose contents for the residential communities to discuss and decide.

3. Citizens residing in villages or residential quarters who propose initiatives concerning the contents specified in Article 15 of this Law and such initiatives are consented to by at least 10% of the total number of households in the villages or residential quarters shall send their proposed initiatives to heads of villages or heads of residential quarters for the latter to put such initiatives for discussion and decision by the residential communities, provided that such initiatives are not contrary to law and are conformable with fine customs and social morality.

In case the proposed initiatives of citizens are consented to by less than 10% of the total number of households in the villages or residential quarters but are evaluated as capable of bringing benefits to the residential communities and are approved by the Boards for Fatherland Front Affairs in the villages or residential quarters, the heads of villages or heads of residential quarters shall put such initiatives for discussion and decision by the residential communities.

The collection of consensus opinions of households may be carried out directly at meetings of residential communities, in written forms showing the consent of representatives of households or in other forms of opinion expression as suitable to practical conditions of the residential communities. Citizens who propose initiatives shall take responsibility before law for the accuracy of the number and list of households consenting to the initiatives. Opinions consenting to citizens’ initiatives are valid for 3 months after they are expressed.

Article 17. Forms of discussion and decision by the people

1. Depending on proposed contents, chairpersons of commune-level People’s Committees, heads of villages or heads of residential quarters shall organize the discussion and making of decision on such contents by the people in the villages or residential quarters in one of the following forms:

a/ Organizing meetings of residential communities;

b/ Delivering opinion ballots to households;

c/ Organizing online voting as suitable to the level of information technology application and selected by residential communities.

2. The discussion and making of decision on the contents specified in Clauses 3, 4 and 5, Article 15 of this Law shall be carried out at meetings of residential communities, except the case specified at Point b, Clause 1, Article 19 of this Law. The form of delivering opinion ballots to households shall apply in the cases specified in Clause 1, Article 19 of this Law.

The form of online voting shall only apply in case residential communities decide on affairs specified in Clause 6, Article 15 of this Law in which heads of villages or heads of residential quarters, after reaching agreement with the Boards for Fatherland Front Affairs in the villages or residential quarters, find it unnecessary to organize meetings of residential communities or deliver opinion ballots to households.

3. In case it is otherwise provided by law regarding the organization of the people’s discussion and making of decision on relevant issues, such provisions shall apply.

Article 18. Organization of meetings of residential communities

1. A meeting of a residential community shall be convened and presided over by the head of the village or head of the residential quarter; in case a meeting is organized to elect, or permit the resignation of, the head of the village or head of the residential quarter, it must comply with the Government’s regulations. In case of vacancy of the head of the village or head of the residential quarter, the chairperson of the commune-level People’s Committee shall appoint a representative of the Board for Fatherland Front Affairs in the village or residential quarter or a prestigious citizen residing in the village or residential quarter to convene and organize a meeting of the residential community.

Participants in the meeting of the residential community include the head of the village or head of the residential quarter, the Board for Fatherland Front Affairs in the village or residential quarter, and representatives of households in the village or residential quarter.

2. The representative of a household must be a person having full civil act capacity and can represent the household members; in case a household has no person with full civil act capacity, its representative must be the person nominated or authorized by the household members.

3. In case a village or residential quarter has 200 or more households or has unconcentrated residential areas, a meeting may be organized for each residential cluster.

The head of a village or the head of a residential quarter may authorize a member of the Board for Fatherland Front Affairs in the village or residential quarter or a prestigious citizen residing in the residential cluster to preside over and conduct the meeting of the residential cluster and report on the meeting’s results to the head of the village or head of the residential quarter for inclusion in general results of the whole village or residential quarter.

4. The sequence of organizing a meeting of a residential community is as follows:

a/ The person presiding over the meeting declares the reason and states purposes, requirements and contents of the meeting; and nominates a person for the meeting to vote for him/her to be the secretary of the meeting;

b/ The person presiding over the meeting presents contents put for consideration and discussion at the meeting;

c/ The meeting participants discuss the presented contents;

d/ The person presiding over the meeting sums up the opinions discussed at the meeting; and proposes contents and voting plans for the discussed contents. The voting may be carried out in the form of raising hands or casting secret ballots as decided by the meeting participants. In case of casting secret ballots, the meeting shall elect the Vote Counting Board;

dd/ The person presiding over the meeting announces voting results and makes meeting conclusions.

Article 19. Delivery of opinion ballots to households

1. Heads of villages or residential quarters shall send opinion ballots to households to collect the latter’s opinions on contents to be implemented in the villages or residential quarters or in commune-level localities in the following cases:

a/ Chairpersons of commune-level People’s Committees decide to select the form of delivering opinion ballots to households with regard to contents to be implemented in commune-level localities;

b/ A residential community has held the meeting but the number of representatives of households who attended the meeting is not enough to reach the minimum percentage of votes for as specified in Clause 1, Article 21 of this Law;

c/ Other cases as decided by heads of villages or heads of residential quarters after reaching agreement with Boards for Fatherland Front Affairs in the villages or residential quarters.

2. Heads of villages or heads of residential quarters shall coordinate with Boards for Fatherland Front Affairs in the villages or residential quarters in formulating a plan for organizing the delivery of opinion ballots; set up an opinion ballot delivery team which is composed of between 3 members and 5 members, and publicize information to the people in the village or residential quarter about contents put for opinion, time and period of opinion collection, and composition of the opinion ballot delivery team at least 2 days before the date of delivery of opinion ballots.

3. Each household shall be given 1 opinion ballot. The opinion ballot delivery team shall hand-deliver opinion ballots directly to every household, and collect these forms within a specified time limit, and fully and objectively sum up results from opinion ballots.

Article 20. Decisions of residential communities

1. Decisions of residential communities shall be expressed in writing in the form of resolution, meeting minutes, memorandum of understanding or agreement. In case the form of decision expression is not specified by law, the head of a village or the head of a residential quarter shall select the form of decision expression of the residential community suitable to contents of its decision as well as its customs, practices and practical conditions after reaching agreement with the head of the Board for Fatherland Front Affairs in the village or residential quarter.

2. A decision of the residential community must have the following principal contents:

a/ Time for discussion and decision by the residential community;

b/ Total number of households in the residential community; number of household representatives who are present at the meeting or give opinions; number of households having no representatives participating in the meeting or no representatives giving opinions;

c/ Contents put for discussion by the residential community;

d/ Form of decision by the residential community;

dd/ Results of voting at the meeting or summing-up of opinion ballots or online voting results of households;

e/ Contents of the decision of the residential community;

g/ Signatures of the head of the village or head of the residential quarter, the head of the Board for Fatherland Front Affairs in the village or residential quarter, and 2 representatives of households.

3. Within 5 working days after the residential community holds a meeting to collect votes or after the expiration of the time limit for collecting opinions by delivery of opinion ballots or for online voting, the decision approved by the residential community shall be sent to the commune-level People’s Committee and Vietnam Fatherland Front Committee.

Article 21. Effect of decisions of residential communities

1. A decision of a residential community on the contents specified in Clause 1 or 2, Article 15 of this Law shall be approved when it is consented to by at least two-thirds of the total representatives of households in the village or residential quarter.

A decision of a residential community on the contents specified in Clause 1 or 2, Article 15 of this Law which is to be implemented in a commune-level locality shall be approved when it is consented to by at least two-thirds of the total villages and residential quarters.

A decision of a residential community on the contents specified in Clause 3, 4, 5 or 6, Article 15 of this Law shall be approved when it is consented to by more than 50% of the total representatives of households in the village or residential quarter.

2. A decision of a residential community on the contents specified in Clause 1, 2 or 6, Article 15 of this Law which is to be implemented in a village or residential quarter will take effect from the date it is approved by the residential community.

For a decision of a residential community on the contents specified in Clause 1 or 2, Article 15 of this Law which is to be implemented in a commune-level locality, its effective date shall be decided by the commune-level People’s Committee on the basis of summing up voting results of the residential community.

A decision of a residential community on the contents specified in Clause 3 or 4, Article 15 of this Law will take effect on the date on which the commune-level People’s Committee issues a decision recognizing such decision of the residential community.

A decision of a residential community on the contents specified in Clause 5, Article 15 of this Law will take effect on the date on which the commune-level Vietnam Fatherland Front Committee issues a decision recognizing such decision of the residential community.

Within 5 working days after receiving the decision of the residential community, the commune-level People’s Committee or Vietnam Fatherland Front Committee shall issue a decision recognizing such decision of the residential community; if refusing to issue the recognition decision, it shall give a written reply, clearly stating the reason.

Article 22. Amendment, supplementation, replacement or annulment of decisions of residential communities

1. A decision of a residential community shall be amended, supplemented, replaced or annulled in one of the following cases:

a/ The decision has contents contrary to law or unconformable with fine customs and social morality;

b/ The provisions on procedures for approval of documents of residential communities of this Law and other relevant laws are not complied with;

c/ The residential community deems it necessary to amend, supplement, replace or annul it.

2. Commune-level People’s Committees shall decide to annul decisions of residential communities in the case specified at Point a, Clause 1 of this Article. Depending on the nature and severity of violations, commune-level People’s Committees shall decide to annul or request residential communities to amend, supplement or replace their decisions as appropriate in the case specified at Point b, Clause 1 of this Article.

A decision annulling the decision of the residential community or a written request for amendment, supplementation or replacement of the decision of the residential community shall be sent by the commune-level People’s Committee to heads of villages and heads of residential quarters for notification to the people and concurrently sent to the commune-level Vietnam Fatherland Front Committee.

3. Residential communities shall decide to amend, supplement, replace or annul their decisions by themselves when deeming it necessary or shall amend, supplement or replace their decisions at the request of commune-level People’s Committees according to the order and procedures specified in Articles 18, 19, 20 and 21 of this Law.

Article 23. Responsibilities for organizing the people’s discussion and making of decision and for implementing decisions of residential communities

1. Commune-level People’s Committees shall adopt plans on organizing the people’s discussion and making of decision on matters to be implemented within commune-level localities; commune-level People’s Committees and commune-level People’s Committee chairpersons shall organize the implementation of residential communities’ decisions within commune-level localities; and inspect and monitor the organization of implementation of residential communities’ decisions to be implemented within villages and residential quarters.

Commune-level People’s Committees shall sum up and report to the same-level People’s Councils plans on organization of the people’s discussion and making of decision on matters to be implemented within commune-level localities at their nearest regular meeting and concurrently send such plans to the Vietnam Fatherland Front Committees of the same level for oversight.

2. Heads of villages and heads of residential quarters shall make public results of votes or summing-up reports on opinion ballots of the people at their villages and residential quarters; organize the implementation of residential communities’ decisions to be implemented within their villages and residential quarters; and report the results of implementation of residential communities’ decisions to the people in the villages and residential quarters and to the commune-level People’s Committees.

3. Commune-level Vietnam Fatherland Front Committees shall guide and oversee the organization of the people’s discussion and making of decision on, and the implementation of, matters discussed and decided by the people.

4. The Government shall provide in detail the organization of meetings of residential communities; the delivery of opinion ballots to collect opinions of households; online voting at villages and residential quarters; the process of election and dismissal of heads of villages and heads of residential quarters; and the formulation and implementation of codes and conventions of villages and residential communities.

Article 24. Responsibilities of the people for participating in discussion and decision on matters and affairs at the grassroots level

1. Citizens and households shall proactively pay attention to common affairs of residential communities; participate or appoint household representatives to participate in discussion and making of decisions on matters to be implemented within villages, residential quarters or commune-level localities; and discharge their responsibilities with regard to the matters which have been decided by residential communities.

2. Household representatives shall attend meetings of residential communities; gather and grasp common opinions of household members so as to state such opinions at discussions at residential communities’ meetings or express such opinions on opinion ballots; disseminate and convey to household members the results of discussions and decisions of residential communities. In case a household member holds an opinion different from that of the household representative, he/she may register to attend residential communities’ meetings to express his/her own opinions and viewpoints.

3. Party members, cadres, civil servants, public employees and part-time workers at the commune level or in villages and residential quarters shall participate in discussing and deciding on matters to be implemented within villages, residential quarters or commune-level localities in an active and exemplary manner; strictly implement and guide and mobilize families and community members to implement decisions of residential communities.

4. If finding that decisions of residential communities are made in contravention of the law-specified order and procedures or have contents contrary to law or incompatible with fine traditions, customs and social ethics, citizens may send their petitions and reports to commune-level People’s Committees, commune-level Vietnam Fatherland Front Committees and People’s Inspection Boards.

Section 3

CONTRIBUTION OF OPINIONS BY THE PEOPLE

Article 25. Matters on which the people give their opinions before competent agencies make decisions

1. Drafts of commune-level socio-economic development plans; economic restructuring and production restructuring plans; schemes on resettlement and new economic zones, and plans on development of sectors and trades of commune-level administrations.

2. Drafts of district-level land-use master plans and adjustments thereto; the management and use of land areas assigned to commune-level People’s Committees for management.

3. Guidelines and policies on investment, construction, land, waste treatment and environmental protection, compensation, and ground clearance, and plans on migration and resettlement with regard to decisions on public investment in projects of national importance, group-A projects, projects requiring large-scale migration and resettlement operation, projects likely to have adverse environmental impacts, and projects having direct impacts on the socio-economic life of local residential communities.

4. Draft schemes on establishment, dissolution, merger, division, and adjustment of boundaries of administrative units, naming and renaming of administrative units; draft schemes on establishment, dissolution, merger, division, naming and renaming of villages and residential quarters and combination of residential clusters.

5. Draft administrative decisions of commune-level People’s Committees relating to community interests, including decisions on promulgation or approval of programs, plans, projects and schemes exerting impacts on the environment, community well-being or social order and safety, and other issues affecting the community.

6. Draft tasks and projects of general construction master plans, draft tasks and projects of zoning master plans, detailed construction master plans, general master plans on construction of communes, and master plans on construction of rural residential areas.

7. Draft regulations on the implementation of democracy in communes, wards and townships; draft regulations on the implementation of democracy in each field and specific activities in communes, wards and townships (if any).

8. Draft administrative decisions with provisions establishing obligations or terminating or restricting the rights and interests of citizens who are the subjects of application in commune-level localities.

9. Other matters as prescribed by law and regulations on the implementation of democracy in communes, wards and townships, as requested by competent state agencies or as deemed necessary by commune-level administrations.

Article 26. Forms of contribution of opinions by the people

1. Forms of collecting the people’s opinions:

a/ Organizing dialogue meetings between commune-level People’s Committees and the people;

b/ Organizing meetings of residential communities;

c/ Delivering opinion ballots to collect opinions of households;

d/ Collecting opinions through suggestion boxes and hotlines (if any);

dd/ Collecting opinions through Boards for Fatherland Front Affairs at villages and residential quarters and socio-political organizations at the grassroots level;

e/ Collecting opinions via portals and websites of commune-level local administrations;

g/ Collecting opinions through lawful telecommunications networks and social networks, ensuring conformity with the level of information technology application in communes, villages and residential quarters;

h/ Organizing dialogues and collecting opinions from citizens who are the subjects  of application with regard to the administrative decisions specified in Clause 8, Article 25 of this Law.

2. Depending on the contents and nature of, and requirements for, collection of the people’s opinions, local capabilities and conditions and conformity with regulations on the implementation of democracy in communes, wards and townships, commune-level People’s Committees shall decide to select one or more than one of the forms specified in Clause 1 of this Article to organize the collection of the people’s opinions. In case the law provides for the application of specific forms and methods of collecting the people’s opinions on certain matters, the collection of the people’s opinions, and the summing up of, and replies and explanations about the replies to, the people’s opinions must comply with such provisions.

Article 27. Organization of dialogues with, and collection of opinions of, citizens who are subjects of application in case commune-level People’s Committees promulgate administrative decisions with provisions establishing obligations or terminating or restricting rights or interests of the subjects of application

1. Before promulgating an administrative decision with provisions establishing obligations or terminating or restricting the rights and interests of the citizen who is the subject of application of that decision, except administrative decisions containing state secrets and decisions on sanctioning of  administrative violations in accordance with law, the commune-level People’s Committee shall inform and create conditions for the citizen who is the subject of application of the administrative decision to know and present his/her opinion if he/she so requests. The citizen who is the subject of application of the administrative decision may himself/herself present his/her opinion or authorize a representative to do so.

2. In case an administrative decision applies to more than one subject or when deeming it necessary, the commune-level People’s Committee may hold a meeting to discuss and collect opinions directly from the citizens who are the subjects of application of the decision. Participants in the meeting include representatives of the leadership of the commune-level People’s Committee, commune-level Vietnam Fatherland Front Committee and commune-level People’s Inspection Board, and citizens who are the subjects of application of the administrative decision.

3. Opinions of citizens who are the subjects of application and opinions of related agencies, organizations and individuals must be fully summed up; replies and explanations about replies to opinions of the subjects of application of administrative decisions shall be sent to related agencies, organizations and individuals and kept together with the dossiers for submission of the administrative decisions for signing and promulgation. Competent persons shall promulgate administrative decisions and be held responsible therefor.

Article 28. Responsibilities for organizing the people’s contribution of opinions

1. Commune-level People’s Committees shall adopt plans on organization of the collection of the people’s opinions on the matters specified in Article 25 of this Law which fall within the competence of commune-level administrations, clearly determining the contents put for opinion, forms of collection of opinions, method and time of, and responsibility for, organizing the collection of opinions. Plans on organization of the collection of the people’s opinions must be sent to commune-level People’s Councils and Vietnam Fatherland Front Committees.

In case of organizing the collection of the people’s opinions on matters falling within the competence of a superior-level state agency, the commune-level People’s Committee shall organize the collection of opinions as assigned in the plan on collection of the people’s opinions of the agency in charge of organizing the collection of the people’s opinions.

2. Commune-level People’s Committees shall coordinate with Vietnam Fatherland Front Committees and socio-political organizations of the same level in organizing the implementation of approved plans on collection of the people’s opinions. The duration of collection of the people’s opinions is at least 20 days from the date of publicizing the matters put for opinion. For matters for which the duration for collection of the people’s opinions is specified by law, such duration shall apply.

3. Commune-level People’s Committee chairpersons shall direct the receipt and summing-up of the people’s opinions and feedback; study, reply and give explanations about their replies to the people’s opinions with regard to matters falling within the competence of commune-level administrations according to their competence or report to commune-level People’s Councils and People’s Committees for the latter to decide and make public the summing-up reports on, and replies and explanations about replies to, the people’s opinions to the people.

4. For the matters for which competent authorities assign commune-level administrations to organize the collection of the people’s opinions, commune-level People’s Committees shall sum up the people’s opinions and report the results of collection of opinions of the people in their localities to competent authorities. The agencies competent to make decision shall study and reply to the people’s opinions on the matters put up for opinion; in case decisions are promulgated with contents different from the opinion of the majority of the people, the agencies competent to make decision must explain and clearly state the reason for not accepting the people’s opinions and take responsibility for their decision. Replies and explanations about replies to the people’s opinions must be sent to commune-level People’s Committees for publicization to the people.

5. Commune-level People’s Committees shall sum up and report to People’s Councils of the same level on the organization of the collection of the people’s opinions and implementation results at the latter’s nearest regular meeting and, at the same time, send such reports to the Vietnam Fatherland Front Committees of the same level for oversight.

6. Commune-level Vietnam Fatherland Front Committees shall coordinate with commune-level People’s Committees in implementing plans on organization of the collection of the people’s opinions and holding of dialogue meetings with the people in localities; directly guide and organize the collection of the people’s opinions on the matters falling under the responsibility of the Vietnam Fatherland Front in accordance with law.

Commune-level Vietnam Fatherland Front Committees shall oversee the formulation and implementation of plans on collection of the people’s opinions in localities; the organization of dialogues and collection of opinions in case commune-level People’s Committees promulgate administrative decisions with provisions establishing obligations or terminating or restricting the rights and interests of the subjects of application, the process of making, and contents of, replies and explanations about replies to the people’s opinions, and the implementation of the matters on which the people have contributed opinions.

Article 29. Responsibilities of the people for contributing opinions on matters in communes, wards and townships

1. Party members, cadres, civil servants, public employees and all citizens residing in localities have the responsibility to actively contribute opinions on matters directly related to the life of residential communities, which shall serve as a basis for competent agencies to consider and decide on important local and national issues.

2. Individuals and households shall attend, or appoint representatives of households to attend meetings, discuss and express their opinions on matters at the request of competent authorities.

3. Citizens shall monitor, evaluate and supervise the summing up of, and giving of replies and explanations about replies to, opinions of the local people on the matters put up for opinion and the process of organizing the implementation of competent authorities’ decisions regarding such matters.

Section 4

THE PEOPLE’S INSPECTION AND SUPERVISION

Subsection 1

CONTENTS AND FORMS OF INSPECTION AND SUPERVISION

Article 30. Contents of inspection and supervision

1. Citizens shall inspect the implementation of the matters discussed and decided by the people as prescribed in Article 15 of this Law.

2. Citizens shall supervise the organization of the implementation of grassroots democracy and the implementation of policies and laws by commune-level local administrations, commune-level cadres and civil servants, and part-time workers at the commune level and in villages and residential quarters.

Article 31. Forms of inspection and supervision

1. Citizens shall personally carry out inspection and supervision through:

a/ Conducting labor, production, study, working and daily-life activities in residential communities;

b/ Viewing, learning from, and communicating with, commune-level cadres and civil servants, part-time workers at the commune level and in villages, residential quarters and the people in residential communities;

c/ Accessing information permitted for publicization; information and reports of commune-level local administrations, commune-level cadres and civil servants, part-time workers at the commune level and in villages and residential quarters, and agencies, organizations and individuals assigned to manage or implement the matters discussed and decided by the people;

d/ Attending dialogue meetings between commune-level People’s Committees and the people, voters’ conferences, and citizen reception activities; periodical meetings and other meetings of residential communities.

2. Citizens shall carry out inspection and supervision through commune-level Vietnam Fatherland Front Committees, through the activities of People’s Inspection Boards in communes, wards and townships, Community-Based Investment Monitoring Boards and other local self-governing organizations established in accordance with law.

Article 32. Dialogue meetings between commune-level People’s Committees and the people

1. Every year, commune-level People’s Committees shall coordinate with Vietnam Fatherland Front Committees of the same level to organize at least one dialogue meeting with the people in the localities on the operation of People’s Committees and issues related to the rights and obligations of citizens in the localities.

2. The contents and methods of holding dialogue meetings between commune-level People’s Committees and the people must comply with the law on organization of local administration and other relevant laws.

Article 33. Periodical meetings of residential communities

1. Residential communities’ meetings shall be held once a year at the end of the year.

2. Heads of villages and heads of residential quarters shall convene and preside over residential communities’ meetings. Participants in the meetings are representatives of all households in the villages and residential quarters.

3. At the meetings, heads of villages and heads of residential quarters shall report to the people on the situation of the residential communities and the results of the implementation of the matters discussed and decided by the residential communities. Representatives of the Boards for Fatherland Front Affairs in villages and residential quarters shall report and provide information on the situation and results of the implementation of democracy in villages, residential quarters and commune-level localities. Members of People’s Inspection Boards who are elected in a specific village or residential quarter shall report and provide information on the performance of inspection, supervision, review and verification tasks at the request of the people in the localities.

4. The Government shall provide in detail the organization of periodical meetings of residential communities.

Article 34. Handling of results of the people’s inspection and supervision

1. Through direct inspection and supervision, the people shall evaluate the level of satisfaction with the operation of commune-level local administrations, and commune-level cadres and civil servants directly engaged in performance of administrative procedures and settlement of affairs of citizens.

2. When detecting acts or matters showing signs of violation, citizens have the right to lodge complaints and denunciations in accordance with law; send petitions and reports to commune-level administrations, commune-level cadres and civil servants, heads of villages and heads of residential quarters, Boards for Fatherland Front Affairs in villages and residential quarters, the organizations and mass organizations of which they are members, National Assembly deputies, and People’s Council deputies; or report and request People’s Inspection Boards, Community-Based Investment Monitoring Boards, and other local self-governing organizations established in accordance with law to consider, inspect and supervise these acts and matters according to their functions and tasks.

3. People’s Inspection Boards in communes, wards and townships and Community-Based Investment Monitoring Boards shall, on behalf of the people, carry out inspection and supervision according to the provisions of Subsections 2 and 3 of this Section.

Article 35. Responsibilities for ensuring the inspection and supervision by the people

1. The agencies, organizations and individuals specified in Clause 2, Article 34 of this Law shall receive, handle and settle complaints, denunciations, petitions and reports of citizens according to their competence or carry out inspection and supervision in accordance with law.

2. Commune-level People’s Committees have the following responsibilities:

a/ To establish, and ensure the stable and regular operation of, the system for evaluating the level of the people’s satisfaction and receiving their comments, petitions and reports so that the people can directly express their attitudes, evaluations and comments on activities of local administrations and of cadres and civil servants directly engaged in performance of administrative procedures and settlement of citizens’ affairs;

b/ To review, settle, give explanations about replies to, and promptly respond to complaints, denunciations, recommendations and reports of citizens and recommendations of commune-level Vietnam Fatherland Front Committees and their member organizations, or report or forward information on matters falling beyond their competence to competent agencies;

c/ To coordinate with commune-level Vietnam Fatherland Front Committees, based on local requirements, characteristics and actual conditions, in formulating and promulgating regulations on the implementation of democracy in communes, wards and townships so as to provide more specifically the contents and methods of the implementation of democracy in commune-level localities, which shall serve as a basis for citizens’ inspection and supervision. The contents of the regulations on the implementation of democracy in communes, wards and townships may extend beyond the scope of the implementation of democracy in communes, wards and townships, but must not contravene, or limit the implementation of, the contents prescribed in this Law. Localities are encouraged to formulate and promulgate regulations on the implementation of democracy in each field and specific activity in communes, wards and townships;

d/ To facilitate and ensure the performance of inspection and supervision tasks by People’s Inspection Boards, Community-Based Investment Monitoring Boards and other self-governing organizations of the local people in accordance with law;

dd/ To handle those who commit acts of obstructing citizens from exercising their right to inspection and supervision and those who commit acts of taking revenge on or repressing persons who lodge complaints, denunciations, petitions and reports in accordance with law.

3. Citizens shall be held responsible for the contents of their complaints, denunciations, petitions and reports; proactively and actively coordinate with People’s Inspection Boards, Community-Based Investment Monitoring Boards and agencies, organizations and individuals responsible for conducting verification, inspection and supervision as recommended or requested by citizens.

Subsection 2

PEOPLE’S INSPECTION BOARDS IN COMMUNES, WARDS, AND TOWNSHIPS

Article 36. Organization of People’s Inspection Boards in communes, wards and townships

1. The People’s Inspection Board in a commune, ward or township shall be composed of members elected from villages and residential quarters in the commune-level locality. The number of members of the People’s Inspection Board must correspond to the number of villages and residential quarters in the commune-level locality, but not be lower than 5.

2. The term of office of a People’s Inspection Board shall be the same as that of heads of villages or heads of residential quarters in the same locality.

During the term of office, if a member of the People’s Inspection Board fails to fulfill his/her tasks, no longer gains confidence, or asks for resignation from his/her duty, the commune-level Vietnam Fatherland Front Committee shall request the village or residential quarter that has elected such member to consider dismissing him/her from office.

During the term of office, if a position in the People’s Inspection Boards is vacant and the remaining period of the term of office is 6 months or longer, the Board for Fatherland Front Affairs in the concerned village or residential quarter shall coordinate with the head of the village or the head of the residential quarter in organizing a supplementary election of members to the People’s Inspection Board under the guidance of the commune-level Vietnam Fatherland Front Committee.

3. The People’s Inspection Board in a commune, ward or township shall be composed of a head, a deputy head and members. The head of the Board shall be held responsible for the overall operation of the Board; the deputy head shall assist the head in performing the former’s tasks; and other members shall perform tasks as assigned by the head.

Article 37. Criteria for members of People’s Inspection Boards in communes, wards and townships

1. Having good moral qualities, having good prestige in residential communities, and being physically fit to fulfill their tasks; being knowledgeable about policies and laws and joining the People’s Inspection Boards on a voluntary basis.

2. Being citizens permanently residing in the localities and not concurrently acting as commune-level cadres and civil servants, or part-time workers at the commune level or in villages and residential quarters.

Article 38. Tasks and powers of People’s Inspection Boards in communes, wards and townships

1. To inspect the implementation of decisions discussed and decided by the people; to supervise the implementation of policies and laws and the implementation of the law on the implementation of grassroots democracy by commune-level local administrations, commune-level cadres and civil servants and part-time workers at the commune level and in villages and residential quarters.

2. To recommend competent agencies and persons to handle violations according to law when detecting signs of violation and supervise the implementation of such recommendations.

3. To request commune-level local administrations, commune-level cadres and civil servants to provide related information and documents to serve the performance of verification, examination and supervision tasks.

4. To consider and verify specific cases at the request of citizens and residential communities.

5. To recommend commune-level People’s Committee chairpersons, commune-level cadres and civil servants, heads of villages and heads of residential quarters to remedy limitations and shortcomings discovered through inspection and supervision; to ensure the lawful and legitimate rights and interests of organizations and citizens; to praise units and individuals that record achievements. If detecting a person committing violations, to propose a competent agency or organization to consider and handle the violator.

6. To attend meetings of commune-level People’s Councils and People’s Committees which discuss matters related to the performance of inspection and supervision tasks by People’s Inspection Boards.

7. To receive petitions and reports of citizens, residential communities and organizations and individuals on matters falling within the scope of inspection and supervision of People’s Inspection Boards.

Article 39. Activities of People’s Inspection Boards in communes, wards and townships

1. People’s Inspection Boards in communes, wards and townships shall be subject to direct direction and guidance of commune-level Vietnam Fatherland Front Committees.

2. Based on the action programs and direction and guidance of commune-level Vietnam Fatherland Front Committees, People’s Inspection Boards shall work out orientations and contents of their operational plans on a quarterly, biannual and annual basis.

3. People’s Inspection Boards shall periodically report or report upon request on their operation to commune-level Vietnam Fatherland Front Committees. People’s Inspection Boards shall be invited to attend meetings of commune-level People’s Councils, People’s Committees and Vietnam Fatherland Front Committees which discuss matters related to the performance of inspection and supervision tasks by People’s Inspection Boards.

Article 40. Responsibilities for ensuring the operation of People’s Inspection Boards in communes, wards and townships

1. Commune-level People’s Committees have the following responsibilities:

a/ To notify People’s Inspection Boards of the major policies and laws related to the organization, operation, tasks and powers of commune-level local administrations; and annual socio-economic development goals and tasks of the localities;

b/ To provide information or request related agencies, organizations and individuals to sufficiently and timely provide necessary information and documents at the request of People’s Inspection Boards;

c/ To consider and promptly settle petitions of People’s Inspection Boards, and notify the settlement results within 15 days after receiving the petitions;

d/ To notify People’s Inspection Boards of the results of settlement of complaints and denunciations and the implementation of the law on the implementation of grassroots democracy in the commune-level localities;

dd/ To handle those who obstruct the operation of People’s Inspection Boards and who take revenge on or repress members of People’s Inspection Boards in accordance with law.

2. Commune-level Vietnam Fatherland Front Committees have the following responsibilities:

a/ To guide the organization of meetings of residential communities in villages and residential quarters to elect or dismiss members of People’s Inspection Boards;

b/ To recognize results of election of members of People’s Inspection Boards; to organize meetings of People’s Inspection Boards to elect the heads and deputy heads of and assign tasks to members of People’s Inspection Boards; to notify the election results and the composition of People’s Inspection Boards to the People’s Councils and People’s Committees of the same level and the local people;

c/ To guide People’s Inspection Boards in formulating working programs, plans and contents; to consider reports on the operation of People’s Inspection Boards and guide and direct the operation of People’s Inspection Boards; to participate in the activities of People’s Inspection Boards when deeming it necessary;

d/ To certify minutes and petitions of People’s Inspection Boards; to urge the settlement of petitions of People’s Inspection Boards;

dd/ To encourage the local people to support, coordinate and actively support activities of People’s Inspection Boards;

e/ To provide financial support for operation of People’s Inspection Boards. Funds for provision of such financial support shall be allocated from the state budget under annual fund estimates and plans of commune-level Vietnam Fatherland Front Committees, and covered by commune-level state budgets.

3. The Government shall provide in detail the organization and operation of People’s Inspection Boards in communes, wards and townships.

Subsection 3

COMMUNITY-BASED INVESTMENT MONITORING BOARDS

Article 41. Organization of Community-Based Investment Monitoring Boards

1. A Community-Based Investment Monitoring Board shall be established under decision of the commune-level Vietnam Fatherland Front Committee for each program, public investment project, public-private partnership investment project implemented in the commune-level locality, or program or investment project implemented with financial and labor contribution of the residential community or with donations of organizations and individuals.

A Community-Based Investment Monitoring Board must have at least 5 members, including a representative of the commune-level Vietnam Fatherland Front Committee, a representative of the People’s Inspection Board of the commune, ward or township, and representatives of the people in the village or residential quarter where the program or project is implemented. The Community-Based Investment Monitoring Board shall be dissolved after fulfilling its tasks.

2. A Community-Based Investment Monitoring Board shall be composed of its head, deputy head and members. The head of the Community-Based Investment Monitoring Board shall take responsibility for overall operation of the Board; the deputy head of the Community-Based Investment Monitoring Board shall assist the head in performing tasks; and other members shall perform tasks as assigned by the head.

Article 42. Criteria for members of Community-Based Investment Monitoring Boards

1. Having moral qualities, being honest, impartial and prestigious in the residential community and physically fit for fulfilling their assigned tasks; being knowledgeable about policies and laws, experienced in and knowledgeable about the fields related to programs and investment projects, and joining Community-Based Investment Monitoring Boards on a voluntary basis.

2. Being citizens who permanently reside in localities and not concurrently being commune-level cadres or civil servants; having no relatives who are persons competent to decide on investment, project owners or representatives or consultancy units of project owners or project contractors or consultancy units or supervisors of project contractors, or persons directly engaged in the management of investment projects in commune-level localities.

Article 43. Tasks and powers of Community-Based Investment Monitoring Boards

1. Community-Based Investment Monitoring Boards have the following tasks:

a/ To monitor and supervise the conformity of investment policy or investment decisions with investment master plans and plans in commune-level localities; and the observance by project owners of land boundary and land use regulations, detailed ground plans, plans on architecture, construction, waste treatment, environmental protection, compensation and ground clearance, resettlement plans, and investment plans; the organization and progress of implementation of programs and projects and the publicization of information on programs and public investment projects, and investment projects funded by other sources in commune-level localities;

b/ For programs and projects invested with financial and labor contributions of residential communities and projects using commune-level budgets or financial donations of organizations and individuals to commune-level localities, to monitor, inspect and supervise the observance of Point a of this Clause and inspect and supervise technical processes and regulations, and material norms and categories under regulations; to monitor and inspect pre-acceptance test results and account-finalization results for works;

c/ To detect acts that cause harms to the community’s interests; projects’ negative impacts on the community’s living environment in the course of project investment and operation; and acts that cause waste or loss of capital and assets of programs and investment projects.

2. Community-Based Investment Monitoring Boards have the following powers:

a/ To request competent state management agencies to provide information on master plans relating to project investment decisions and land use plans in accordance with the land law;

b/ To request related state management agencies to answer inquiries about matters falling under their management in accordance with law;

c/ To request program and project owners to give feedback and provide information to serve the investment monitoring, including information on investment decisions, project owners, project management units and contact addresses; investment schedules and plans; land occupation and use areas; detailed ground plans, architecture plans; ground compensation and clearance and resettlement plans; waste treatment and environmental protection plans.

For programs and projects invested with financial and labor contributions of residential communities, and projects using the commune-level budget or financial donations of organizations and individuals in commune-level localities, in addition to the above contents, program and project owners shall provide additional information on technical processes and regulations, material categories and norms; pre-acceptance test and account-finalization results for works;

d/ To receive information reported by citizens before sending it to competent state management agencies or carry out inspection and supervision within the ambit of their tasks and powers; to receive and inform citizens of competent state management agencies’ replies to their petitions;

dd/ When detecting signs of violation of law in the course of project implementation that cause serious impacts on production, security, culture, social affairs and living environment of the community or project owners’ failure to publicize information on programs and investment projects in accordance with law, to report thereon to competent state management agencies and propose handling measures; to propose to competent authorities to suspend project investment and operation in case of necessity.

Article 44. Operation of Community-Based Investment Monitoring Boards

1. Operation of Community-Based Investment Monitoring Boards shall be directed by commune-level Vietnam Fatherland Front Committees.

2. Under guidance of commune-level Vietnam Fatherland Front Committees, Community-Based Investment Monitoring Boards shall formulate community-based investment inspection and monitoring programs and plans based on the inspection and monitoring tasks and contents specified in Article 43 of this Law.

3. Community-Based Investment Monitoring Boards shall regularly report or report upon request on community-based investment monitoring results to commune-level Vietnam Fatherland Front Committees. Heads of Community-Based Investment Monitoring Boards shall be invited to attend meetings of commune-level People’s Councils, People’s Committees and Vietnam Fatherland Front Committees with agendas relating to the programs and projects subject to inspection and monitoring by Community-Based Investment Monitoring Boards.

Article 45. Responsibilities for ensuring operation of Community-Based Investment Monitoring Boards

1. A commune-level Vietnam Fatherland Front Committee has the following responsibilities:

a/ To assume the prime responsibility for the establishment of a Community-Based Investment Monitoring Board for each program or project. The Standing Board of the commune-level Vietnam Fatherland Front Committee shall decide on the number of members of, and appoint its representatives to join the Community-based Investment Monitoring Board; project localities and estimate the number of members to be elected in each separate locality to direct Boards for Fatherland Front Affairs in villages and residential quarters in coordinating with heads of villages and heads of residential quarters in organization of the election of members being representatives of the people to join the Community-Based Investment Monitoring Board; recognize results of the election of members of the Community-Based Investment Monitoring Board; organize meetings of the Community-Based Investment Monitoring Board to elect the head and deputy head of the Board and assign tasks to each member; appoint, nominate or organize a by-election of Community-Based Investment Monitoring Board members in case of insufficiency or vacancy;

b/ To inform program and project owners and program or project management units of monitoring plans and composition of the Community-Based Investment Monitoring Board at least 45 days before the date of monitoring; to inform the composition of the Community-Based Investment Monitoring Board to the same-level People’s Council and the People’s Committee and the local people;

c/ To guide the Community-Based Investment Monitoring Board to formulate investment inspection and monitoring programs and plans in accordance with law; support the Community-Based Investment Monitoring Board in disclosing information and liaison, and formulating and sending community-based investment monitoring reports;

d/ To certify petitions and reports of the Community-Based Investment Monitoring Board before sending them to competent agencies; to urge the settlement of the Board’s petitions;

dd/ To encourage the local people to actively take part in the inspection and supervision in the community and support operation of the Community-Based Investment Monitoring Board;

e/ To provide financial support for operation of the Community-Based Investment Monitoring Board. Such support shall be allocated from the commune-level state budget under its annual budget estimates and plans.

2. A commune-level People’s Committee has the following responsibilities:

a/ To arrange a working location for the Community-Based Investment Monitoring Board to hold its meetings and store documents serving inspection and monitoring;

b/ To request related agencies, organizations and individuals to fully and promptly provide necessary information and documents at the request of the Community-Based Investment Monitoring Board;

c/ To consider and promptly process the Community-Based Investment Monitoring Board’s petitions and inform the Board of processing results within 15 days after receiving such petitions;

d/ To handle persons who obstruct the operation of the Community-Based Investment Monitoring Board and those who take revenge on or repress members of the Board in accordance with law.

3. A program or project owner and program or project management unit has the following responsibilities:

a/ To fully, truthfully and promptly provide documents relating to the implementation of the program or project at the request of the Community-Based Investment Monitoring Board;

b/ To create favorable conditions for the Community-Based Investment Monitoring Board to carry out inspection and monitoring in accordance with law;

c/ To receive opinions and petitions on inspection and monitoring of the Community-Based Investment Monitoring Board and inform the latter of implementation results.

4. The Government shall detail the organization and operation of Community-Based Investment Monitoring Boards.

Chapter III

IMPLEMENTATION OF DEMOCRACY IN AGENCIES AND UNITS

Section 1

PUBLICIZATION OF INFORMATION IN AGENCIES AND UNITS

Article 46. Contents to be publicized by heads of agencies and units

Except information classified as state secrets, working secrets or information not permitted for publicization in accordance with law, heads of agencies and units shall publicize the following contents within their agencies and units:

1. The Party’s guidelines and policies and the State’s laws concerning the organization and operation of their agencies and units;

2. Annual, quarterly and monthly working plans of their agencies and units;

3. Data of and explanatory reports on state budget estimates already decided by competent authorities and other financial sources; the implementation of annual budget estimates and finalization of their agencies and units; results of the realization of the State Audit Office of Vietnam’s proposals (if any);

4. Criteria, norms and administrative procedures for public assets; the status of construction investment, procurement, assignment, rent, use, recovery, transfer, conversion of utilities, sale, liquidation, destruction and otherwise handling of public assets; status of the exploitation of financial resources from public assets that have been assigned to their agencies and units for management and use;

5. Principles, criteria and limits of allocation of public investment funds; principles, criteria and bases for drawing up the list of projects under medium-term and annual public investment plans; public investment plans and programs of their agencies and units; annual funds allocated for public investment programs and implementation progress and fund disbursement for these programs; medium-term and annual plans on allocation of funds for public investment, containing lists of projects and public investment amounts to be allocated for specific projects; status of the mobilization of resources and other funding sources for the implementation of public investment projects; progress and results of the implementation of plans, programs and projects; progress of the implementation and disbursement of funds for projects; results of the pre-acceptance test and evaluation of programs and projects; account finalization of public investment funds;

6. Recruitment, admission, training, further training, transfer, appointment, re-appointment, rotation, secondment, resignation, relief from duty, planning, change of working positions, working contracts, change of professional titles, change of working positions, termination of working contracts, overseas working trips; implementation of entitlements, salary raise, rank promotion, evaluation and ranking of cadres, civil servants, public employees and workers; commendation, disciplining, relief from duty and retirement of cadres, civil servants, public employees and workers; schemes, projects, programs and plans, and the formulation of legal documents of their agencies and units;

7. Competent authorities’ conclusions on cases involving negative practices, corruption and waste in their agencies and units; asset and income declarations of persons with the declaration obligation as specified by law;

8. Results of the inspection, examination and settlement of complaints, denunciations and recommmendations within their agencies and units;

9. Internal regulations and rules of their agencies and units; codes of conduct of persons with high positions and powers in their agencies and units;

10. Results of the summing-up of opinions and replies and explanations about the replies to opinions of cadres, civil servants, public employees and workers under Article 53 of this Law;

11. Guiding and administration documents of superior management agencies concerning operation of their agencies and units;

12. Other contents prescribed by law and rules on the implementation of democracy in the agency or unit.

Article 47. Forms and time of information publicization in agencies and units

1. Forms of information publicization:

a/ Public display of information;

b/ Notification through internal information systems or posting on portals and websites of agencies and units;

c/ Announcement at meetings of cadres, civil servants, public employees and workers of agencies and units;

d/ Sending of notices to all cadres, civil servants, public employees and workers of agencies and units;

dd/ Notification to all cadres, civil servants, public employees and workers through persons in charge of divisions in agencies and units;

e/ Sending of notices to Party organizations and Trade Union Executive Committees of agencies and units for the latter to notify information to cadres, civil servants, public employees and workers of agencies and units;

g/ Other forms of publicization specified by law and regulations on implementation of democracy in agencies and units.

2. The information specified in Article 46 of this Law shall be publicized within 5 working days after competent agencies issues decisions or documents on to-be-publicized contents, unless otherwise provided by law.

Article 48. Responsibility for organizing information publicization in agencies and units

1. In case an agency or unit has an internal website or e-information system, its head shall post the information specified in Article 46 of this Law on such website or system for at least 20 consecutive days from the date such information is posted or sent, unless otherwise provided by law.

2. In case an agency or unit has no internal website or e-information system, its head shall post up the information specified in Article 46 of this Law at its office and workplaces of directly related agencies and divisions for at least 20 consecutive days, unless the agency or unit has issued a notice to all cadres, civil servants, public employees and workers or it is otherwise provided by law.

3. Together with the information publicization in the forms specified in Clauses 1 and 2 of this Article, based on characteristics and nature of its activities and to-be-publicized contents, the head of an agency or unit shall decide to choose the additional forms of information publicization specified in Clause 1, Article 47 of this Law that are suitable to practical conditions of the agency or unit so as to ensure accurate, full, timely and convenient access to information for all cadres, civil servants, public employees and workers.

4. The head of an agency or unit shall provide information at the request of cadres, civil servants, public employees and workers, for information for which the time limit for publicization has not expired but which has not yet been publicized, information for which the time limit for publicization has expired, or information which is currently put for publicization but not accessible to applicants due to a force majeure event.

5. Agencies and units may determine additional information contents to be publicized, forms of information publicization, application of forms and methods of information publicization to different types of information contents, provision of information upon request as stated in regulations on implementation of democracy in agencies and units which is suitable to characteristics of their own organization, operation and practical conditions and not contrary to the provisions
of this Section.

6. In case the law contains other provisions on forms and methods of publicization of specific information contents, such provisions shall prevail.

Section 2

DISCUSSION AND DECISION BY CADRES, CIVIL SERVANTS, PUBLIC EMPLOYEES AND WORKERS

Article 49. Matters to be discussed and decided by cadres, civil servants, public employees and workers

1. Election and dismissal of members of People’s Inspection Boards in agencies and units.

2. Collection, spending, management and use of contributions of cadres, civil servants, public employees and workers in agencies and units other than law-specified amounts.

3. Contents of resolutions of meetings of cadres, civil servants, public employees and workers.

4. Other self-governance affairs within agencies and units which, however, must not contravene the law and must conform with social ethics.

Article 50. Forms of discussion and decision by cadres, civil servants, public employees and workers

1. Cadres, civil servants, public employees and workers in an agency or unit shall discuss and decide on the matters specified in Article 49 of this Law at meetings of cadres, civil servants, public employees and workers held at proposals of the Trade Union Executive Committee or the head of the agency or unit or upon requests of at least one third of total cadres, civil servants, public employees and workers of the agency or unit.

2. In case it is impossible to hold  a meeting of cadres, civil servants, public employees and workers of an agency or unit due to a force majeure event or in case a meeting has been convened twice but yet to reach the minimum number of participants required as specified at Point c, Clause 2, Article 51 of this Law, the head of the agency or unit shall, after reaching consensus with the Trade Union Executive Committee of the agency or unit, send opinion ballots for the latter’s opinions to all cadres, civil servants, public employees and workers of the agency or unit.

Article 51. Holding of meetings of cadres, civil servants, public employees and workers

1. A meeting of cadres, civil servants, public employees and workers shall be held by the head of the agency or unit in coordination with the Trade Union of the agency or unit.

A regular meeting of cadres, civil servants, public employees and workers shall be held once a year after the working year of the agency or unit ends but must fall within the first 3 months of the following working year as decided by the head of the agency or unit after consulting the Trade Union of the agency or unit.

An extraordinary meeting of cadres, civil servants, public employees and workers shall be held at the proposal of the subjects specified in Clause 1, Article 50 of this Law.

2. Participants in a meeting of cadres, civil servants, public employees and workers are specified as follows:

a/ For an agency or unit that has a total number of under 100 cadres, civil servants, public employees and workers, meetings of cadres, civil servants, public employees and workers shall be held in the form of plenary meeting, except the cases specified at Points b and dd of this Clause;

b/ For an agency or unit that has a total number of 100 or more cadres, civil servants, public employees and workers or has under 100 cadres, civil servants, public employees and workers who are scattered in a large area or cannot leave their working positions to participate in meetings for professional reasons, the head of the agency or unit shall reach agreement with its Trade Union on whether the meetings of cadres, civil servants, public employees and workers will be held in the form of plenary or representative meeting;

c/ A meeting of cadres, civil servants, public employees and workers is regarded as validly held when it is participated by at least two-thirds of the total cadres, civil servants, public employees and workers of the agency or unit or at least two-thirds of the invited representatives. Resolutions and decisions of a meeting will be adopted when they are voted for by more than half of total participants and their contents are not contrary to and are conformable with social ethics;

d/ For an agency or unit having attached units, the head or a representative of its Trade Union Executive Committee may be invited to participate in a meeting when necessary;

dd/ An agency or unit having under 7 cadres, civil servants, public employees and workers may hold a meeting of cadres, civil servants, public employees and workers if deeming it necessary;

3. Agenda of a meeting of cadres, civil servants, public employees and workers includes:

a/ Review of the implementation of the Party’s guidelines and policies and the State’s policies and laws concerning functions and tasks of the agency or unit;

b/ Review of the implementation of resolutions of the previous meeting of cadres, civil servants, public employees and workers and regulations on implementation of democracy in the agency or unit;

c/ Evaluation, summing up and review of responsibility of the head of the agency or unit for implementing annual working plans;

d/ Summing up of the emulation movement, consideration of commendation and rewarding, and discussion of and agreement on emulation contents for the following year; and agreement on emulation covenants;

dd/ Discussion of and decision on the matters specified in Article 49 of this Law;

e/ Implementation of regulations on contents of information disclosure; collection of opinions of cadres, civil servants, public employees and workers on the matters specified in Article 53 of this Law;

g/ Performing other jobs stated in the meeting’s decision.

4. A meeting proceeds as follows:

a/ The head of the agency or unit presents a report on the contents specified at Points a and c, Clause 3 of this Article;

b/ The representative of the Trade Union of the agency or unit reports on the contents specified at Point b, Clause 3 of this Article; results of the supervision of, and provision of support for, cadres, civil servants, public employees and workers in the implementation of democracy in the agency or unit;

c/ The meeting participants discuss, give opinions, make proposals and petitions (if any);

d/ The head and the President of the Trade Union of the agency or unit shall receive and give answers to questions and petitions of cadres, civil servants, public employees and workers about matters falling within their competence and discuss measures to improve working conditions and life of cadres, civil servants, public employees and workers of the agency or unit and measures to implement the agency or unit’s working plan of the following year;

dd/ The representative of the People’s Inspection Board presents a report on the Board’s operation in the year and working plan for the following year;

e/ The meeting decides on the matters specified in Article 49 of this Law (if any);

g/ The meeting commends and rewards individuals and collectives of the agency or unit that have recorded achievements in their work, and launched a new emulation movement;

h/ The meeting witnesses the signing of an emulation covenant between the head of the agency or unit and the Trade Union;

i/ The meeting adopts its resolution(s).

Article 52. Responsibilities for organizing discussion and making of decision by cadres, civil servants, public employees and workers, and for implementing decisions of the collective of cadres, civil servants, public employees and workers

1. The head of an agency or a unit shall coordinate with the Trade Union Executive Committee of the agency or unit in unanimously formulating a plan to hold a meeting of cadres, civil servants, public employees and workers or sending opinion ballots to cadres, civil servants, public employees and workers for them to discuss and decide on the contents specified in Article 49 of this Law.

2. The head of an agency or a unit shall coordinate with the Trade Union Executive Committee of the agency or unit in disseminating, and guiding and urging the implementation of, the resolution of the meeting of cadres, civil servants, public employees and workers, the agency’s or unit’s regulation on the implementation of democracy, and other contents already agreed and decided by cadres, civil servants, public employees and workers; and assign a focal point to coordinate in, monitor, and propose, timely handling of arising problems in the course of implementation.

3. Once every 6 months, the head of an agency or unit shall coordinate with the Trade Union Executive Committee of the agency or unit in inspecting and evaluating results of the implementation of the resolution of the meeting of cadres, civil servants, public employees and workers; and notify inspection and evaluation results to cadres, civil servants, public employees and workers of the agency or unit.

4. Party members, cadres, civil servants, public employees and workers of an agency or a unit shall actively and exemplarily participate in discussing and deciding on the contents specified in Article 49 of this Law and strictly implement decisions agreed by the collective of cadres, civil servants, public employees and workers; if finding that such a decision is not compliant with the law-specified order and procedures or has contents contrary to law or social morality, they may send petitions and reports to the higher-level Trade Union Executive Committee or immediate superior leader of the agency or unit or to another competent agency.

Section 3

CONTRIBUTION OF OPINIONS BY CADRES, CIVIL SERVANTS, PUBLIC EMPLOYEES AND WORKERS

Article 53. Contents subject to opinion contribution by cadres, civil servants, public employees and workers before they are decided by the head of an agency or unit

1. Solutions to implement the Party’s guidelines and line and the State’s policies and laws related to the functions and tasks of the agency or unit.

2. Annual work plans of the agency or unit.

3. Organization of emulation movements in the agency or unit.

4. Preliminary review and final review reports of the agency or unit.

5. Measures to improve the organization structure, operation and working style; prevent and combat corruption and negative practices; practice thrift, combat waste, combat bureaucracy, and prevent acts of causing troubles or harassment to the people.

6. Plans on recruitment, training and further training of cadres, civil servants and public employees; election and appointment of cadres, civil servants and public employees.

7. Implementation of regimes and policies related to the rights and interests of cadres, civil servants, public employees and workers.

8. Draft regulation on the implementation of democracy of the agency or unit.

9. Draft regulation on internal spending of the agency or unit (if any).

10. Drafts of internal rules and other regulations of the agency or unit.

11. Other contents as specified by law and the regulation on the implementation of democracy of the agency or unit.

Article 54. Forms of opinion contribution by cadres, civil servants, public employees and workers

Based on the characteristics and nature of activities and contents subject to opinion contribution, cadres, civil servants, public employees and workers may give opinions in one or several of the following forms:

1. Giving opinions directly to the head of the agency or unit or through persons in charge of divisions of the agency or unit;

2. Raising opinions at the meeting of cadres, civil servants, public employees and workers, and other meetings and conferences of the agency or unit;

3. Expressing opinions in opinion ballots or draft documents sent by competent authorities;

4. Giving opinions via the suggestion box, hotline, internal information system or portal/website of the agency or unit;

5. Giving opinions through the Trade Union and other mass organizations of the agency or unit;

6. Other forms not contrary to law and specified in the regulation on the implementation of democracy of the agency or unit.

Article 55. Responsibilities for organizing opinion contribution by cadres, civil servants, public employees and workers

1. The head of an agency or a unit shall formulate a plan to organize the collection of opinions on the contents specified in Article 53 of this Law from cadres, civil servants, public employees and workers, specifying the contents subject to opinion collection, form of opinion collection, method and time limit for implementation and responsibility for organizing the implementation; direct the receipt and summing-up of opinions and feedback from cadres, civil servants, public employees and workers; study, reply and explain the replies to the opinions, and publicize explained and replied contents to cadres, civil servants, public employees and workers.

2. The Trade Union Executive Committee of an agency or a unit shall coordinate with the head of the agency or unit in implementing the plan to organize the collection of opinions; supervise the formulation and implementation of such plan, process of opinion collection, results of explanation, reply, and implementation of opinions given by cadres, civil servants, public employees and workers; and give opinions before the head of the agency or unit promulgates the regulation on the implementation of democracy of the agency or unit.

3. Party members, cadres, civil servants, public employees and workers of an agency or unit shall actively and exemplarily give opinions for use as a basis for competent authorities to make decisions; monitor, evaluate and supervise the summing-up, reply and explanation about the reply to the opinions on the contents put for collection of opinions of cadres, civil servants, public employees and workers and the process of implementation of decisions on these contents.

Section 4

INSPECTION AND SUPERVISION BY CADRES, CIVIL SERVANTS,
PUBLIC EMPLOYEES AND WORKERS

Subsection 1

CONTENTS AND FORMS OF INSPECTION AND SUPERVISION

Article 56. Contents subject to inspection and supervision by cadres, civil servants, public employees and workers

1. Cadres, civil servants, public employees and workers may inspect the implementation of the contents specified in Article 49 of this Law which the collective of cadres, civil servants, public employees and workers has discussed and decided on.

2. Cadres, civil servants, public employees and workers may supervise the implementation of grassroots democracy and policies and laws by heads, leaderships and competent persons of agencies and units, and supervise administrative acts of persons performing official duties and tasks in agencies and units.

Article 57. Forms of inspection and supervision by cadres, civil servants, public employees and workers

1. Cadres, civil servants, public employees and workers of an agency or a unit may directly carry out the inspection and supervision through:

a/ Their learning, working and living activities in the agency or unit;

b/ Viewing, learning about and communicating with persons with positions and powers, and other cadres, civil servants, public employees and workers of the agency or unit;

c/ Getting access to information permitted for publicization; and information and reports of the agency or unit or persons assigned to manage and implement contents discussed and decided by cadres, civil servants, public employees and workers;

d/ Attending the meeting of cadres, civil servants, public employees and workers.

2. Cadres, civil servants, public employees and workers of an agency or a unit may carry out the inspection and supervision through operation of the People’s Inspection Board of the agency or unit.

Article 58. Handling of results of inspection and supervision carried out by cadres, civil servants, public employees and workers

1. Through direct inspection and supervision, cadres, civil servants, public employees and workers may give opinions on political qualities, ethics, capability, professional qualifications, and results of task performance by the head, the leadership, managers, the persons directly in charge of relevant affairs, and other competent persons of the agency or unit; and actively give opinions on building the agency or unit to be clean and strong.

2. When detecting acts or contents showing signs of violation, cadres, civil servants, public employees and workers of an agency or a unit have the right to lodge complaints or denunciations in accordance with law or send petitions or reports to the head of the agency or unit, the Trade Union or other mass organizations of which they are members and which are established and operate in the agency or unit, or send reports to and ask the People’s Inspection Board to consider and carry out inspection and supervision according to its functions and tasks.

3. The People’s Inspection Board of an agency or a unit shall, on behalf of cadres, civil servants, public employees and workers of the agency or unit, carry out inspection and supervision under Subsection 2 of this Section.

Article 59. Responsibility for ensuring inspection and supervision by cadres, civil servants, public employees and workers

1. The head of an agency or a unit shall:

a/ Based on requirements, tasks, characteristics, organizational structure and operation and actual conditions of the agency or unit, coordinate with the Trade Union Executive Committee of the agency or unit in formulating and promulgating the regulation on the implementation of democracy in the agency or unit in order to specify contents and modes of implementing democracy in the agency or unit, which shall be used as a basis for cadres, civil servants, public employees and workers to carry out the inspection and supervision of the implementation. The regulation on the implementation of democracy in the agency or unit may provide a wider scope of the implementation of democracy by cadres, civil servants, public employees and workers, but must not contravene, or restrict the implementation of, the contents specified in this Law;

b/ Establish a mechanism to receive opinions, petitions and reports from cadres, civil servants, public employees and workers in the agency or unit; hold dialogues with and provide explanations to cadres, civil servants, public employees and workers in accordance with law; use opinions of cadres, civil servants, public employees and workers in the process of evaluating and classifying the quality of cadres, civil servants, public employees and workers in the agency or unit;

c/ Examine, settle, explain and promptly notify results of the settlement of complaints, denunciations, petitions and reports of cadres, civil servants, public employees and workers, and petitions of the Trade Union and other mass organizations of the agency or unit; promptly report and transfer information on matters falling beyond his/her competence to competent agencies;

d/ Create conditions for the People’s Inspection Board of the agency or unit to perform inspection and supervision tasks in accordance with law;

dd/ Handle persons who commit acts of obstructing cadres, civil servants, public employees and workers to exercise the right to inspect and supervise, or handle persons who commit acts of revenging or victimizing persons who file complains, denunciations, petitions or reports in accordance with law;

e/ Take measures to prevent and stop corruptive acts and negative practices; handle, and create conditions for competent agencies and organizations to handle, persons who commit corruptive acts and negative practices; and be handled in accordance with law if letting corruption or negative practices occur in the agency or unit due to his/her irresponsibility.

2. The agencies, units, organizations and individuals specified in Clause 2, Article 58 of this Law shall receive, process and settle complaints, denunciations, petitions and reports of cadres, civil servants, public employees and workers according to their competence or carry out inspection, examination and supervision in accordance with law.

3. Cadres, civil servants, public employees and workers shall take responsibility for contents of their complaints, denunciations, petitions and reports; proactively and actively coordinate with the People’s Inspection Board and responsible agencies, organizations and individuals in verifying, inspecting and supervising contents they have proposed.

Subsection 2

PEOPLE’S INSPECTION BOARDS IN AGENCIES AND UNITS

Article 60. Organization of People’s Inspection Boards in agencies and units

1. The People’s Inspection Board in an agency or a unit shall be elected by the meeting of cadres, civil servants, public employees and workers of the agency or unit, and composed of between 3 members and 9 members at the request of the Trade Union Executive Committee of the agency or unit.

In case an agency or a unit has particular characteristics or operates in a unconcentrated manner, the meeting of cadres, civil servants, public employees and workers may decide on a larger number of members of the People’s Inspection Board to ensure the effective operation of the Board.

In case an agency or a unit has 7 cadres, civil servants, public employees and workers or less or in special cases, the People’s Inspection Board will not be organized.

2. Members of the People’s Inspection Board in an agency or a unit must be those currently working in the agency or unit, have good moral qualities and prestige, and be physically fit for task performance; be knowledgeable about policies and laws, and join the People’s Inspection Board on a voluntary basis; not concurrently be the head, deputy head or chief accountant of the agency or unit.

3. The term of office of the People’s Inspection Board in an agency or a unit is 2 years. During the term, if there is a vacancy for a member or if a member has not fulfilled his/her tasks, no longer gains confidence or asks for resignation from duty, the Trade Union Executive Committee of the agency or unit shall request the meeting of civil servants, public employees and workers to decide to permit such member to resign and elect another person.

4. The People’s Inspection Board in an agency or a unit shall be composed of the head, deputy head and members. The head of the People’s Inspection Board shall take responsibility for the overall operation of the People’s Inspection Board; the deputy head shall assist the head in performing his/her tasks; other members shall perform tasks as assigned by the head.

Article 61. Tasks and powers of the People’s Inspection Board in an agency or a unit

1. To inspect the implementation of decisions of the collective of cadres, civil servants, public employees and workers; to supervise the implementation of the Party’s guidelines and line, the State’s policies and laws, and the law on the implementation of grassroots democracy in the agency or unit.

2. To propose competent agencies, units or persons to handle in accordance with law when detecting signs of violation and supervise the implementation of such proposal.

3. To request the head of the agency or unit to provide relevant information and documents to serve the verification, inspection and supervision.

4. To consider and verify specific cases and matters at the request of cadres, public servants, public employees and workers of the agency or unit.

5. To propose the head of the agency or unit to redress limitations and shortcomings detected through inspection and supervision; to guarantee the lawful and legitimate rights and interests of cadres, civil servants, public employees and workers; to praise units and individuals that have recorded achievements; if detecting that a person has committed a violation, to propose a competent agency or organization to consider and handle the violation.

6. To attend meetings of the agency or unit that discuss contents related to the performance of inspection and supervision tasks of the People’s Inspection Board.

7. To receive petitions and reports from cadres, civil servants, public employees and workers that fall within the scope of inspection and supervision by the People’s Inspection Board.

Article 62. Operation of People’s Inspection Boards in agencies and units

1. The People’s Inspection Board in an agency or a unit shall be subject to operation direction and guidance by the Trade Union Executive Committee of the agency or unit.

2. Based on the resolution of the meeting of cadres, civil servants, public employees and workers of the agency or unit and the direction and guidance of the Trade Union Executive Committee of the agency or unit, the People’s Inspection Board shall formulate quarterly, biannual and annual working programs.

3. The People’s Inspection Board shall report on its operation to the Trade Union Executive Committee of the agency or unit and at the meeting of cadres, civil servants, public employees and workers of the agency or unit.

Article 63. Responsibilities for ensuring the operation of People’s Inspection Boards in agencies and units

1. The head of an agency or unit shall:

a/ Notify the People’s Inspection Board of the Party’s guidelines and line and the State’s policies and laws related to the organization and operation of the agency or unit; and report on work results of a year and objectives and orientations of the subsequent year of the agency or unit;

b/ Hold dialogue directly with, provide information to, or request related agencies, organizations and individuals to sufficiently and promptly provide necessary information and documents at the request of the People’s Inspection Board;

c/ Consider and promptly settle petitions of the People’s Inspection Board, and notify settlement results within 15 days after receiving a petition;

d/ Notify the People’s Inspection Board of results of the settlement of complaints and denunciations, and the implementation of the law on the implementation of democracy in the agency or unit;

dd/ Handle persons who commit acts of obstructing operation of the People’s Inspection Board, and persons who commit acts of revenging or victimizing members of the People’s Inspection Board in accordance with law.

2. The Trade Union Executive Committee of an agency or unit shall:

a/ Nominate personnel for the meeting of cadres, civil servants, public employees and workers to elect as members of the People’s Inspection Board; recognize the results of election of members of the People’s Inspection Board; propose resignation of members of the People’s Inspection Board; and organize a meeting of the People’s Inspection Board to elect the head and deputy head and assign tasks to each member of the Board;

b/ Guide the People’s Inspection Board in formulating working programs, plans and contents; consider reports on the operation of the People’s Inspection Board and guide and direct the operation of the People’s Inspection Board; and participate in the operation of the People’s Inspection Board when deeming it necessary;

c/ Consider and settle petitions of the People’s Inspection Board; monitor and urge the settlement of petitions sent by the People’s Inspection Board to the head of the agency or unit or a competent authority;

d/ Mobilize cadres, civil servants, public employees and workers of the agency or unit to coordinate with, and actively support the operation of, the People’s Inspection Board;

dd/ Provide operational funds for the People’s Inspection Board;

e/ Perform the tasks of the People’s Inspection Board, in case the agency or unit fails to establish the People’s Inspection Board, in accordance with law.

3. The Government shall stipulate in detail the organization and operation of People’s Inspection Boards in agencies and units.

Chapter IV

IMPLEMENTATION OF DEMOCRACY IN LABOR-EMPLOYING ORGANIZATIONS

Section 1

IMPLEMENTATION OF DEMOCRACY AT STATE ENTERPRISES

Subsection 1

PUBLICIZATION OF INFORMATION AT STATE ENTERPRISES

Article 64. Contents subject to publicization by state enterprises

1. Except information classified as state secrets, business secrets or information not yet permitted for publicization in accordance with law, a state enterprise shall publicize within the enterprise the following contents:

a/ The situation of production and business or operation of the enterprise in accordance with the law on enterprises and other relevant laws;

b/ Internal working regulation, wage scales and tables, labor norms, internal rules and other regulations of the enterprise concerning the rights, interests and obligations of workers;

c/ Collective labor agreements the enterprise has signed and acceded to;

d/ The allocation of income to and use of the bonus fund, welfare fund and funds with contributions from workers (if any);

dd/ The allocation of income to and payment of trade union dues, and payment of social insurance, health insurance and unemployment insurance premiums;

e/ The performance of emulation, commendation and disciplining, and settlement of petitions and reports related to the rights, interests and obligations of workers;

g/ Regulation on the implementation of democracy of the enterprise;

h/ Other contents on financial information, public asset management, and personnel work in accordance with law and the regulation on the implementation of democracy at the enterprise.

2. State enterprises are encouraged to publicize information on the assurance of business ethics and culture, and the implementation of corporate social responsibility.

Article 65. Forms and time of publicization of information at state enterprises

1. Forms of publicization of information at a state enterprise:

a/ Display of information;

b/ Notification at meetings of employees; dialogue meetings between the employer and the Trade Union Executive Committee of the enterprise or the representative board of another representative organization of employees at the grassroots level (if any); and meetings and briefings of units and divisions of the enterprise;

c/ Sending of notices to all workers;

d/ Notification to workers through persons in charge of units and divisions of the enterprise;

dd/ Notification to workers through sending of notices to the Trade Union Executive Committee of the enterprise or the representative board of another representative organization of employees at the grassroots level (if any);

e/ Notification through the internal information system or posting of information on the portal/website of the enterprise;

g/ Publicization via lawful telecommunications networks and social networks after reaching agreement with the Trade Union Executive Committee of the enterprise or the representative board of another representative organization of employees at the grassroots level (if any);

h/ Oher forms of information transmission not contrary to law and specified in the regulation on the implementation of democracy of the enterprise.

2. The contents specified in Article 64 of this Law shall be publicized within 15 days after a competent person issues a decision or document on the contents subject to publicization, unless otherwise provided by law.

Article 66. Responsibility for organizing the publicization of information at state enterprises

1. In case a state enterprise has an internal website or an internal electronic information system, its competent representative shall organize the posting of the information contents specified in Article 64 of this Law on such website or system for at least 20 consecutive days, unless otherwise provided by law.

2. In case a state enterprise has no internal website or internal electronic information system, its competent representative shall organize the display of the information contents specified in 64 of this Law at the head office of the enterprise and workplaces of directly related units and divisions for at least 20 consecutive days, unless the enterprise has applied the form of sending of notices to all workers of the enterprise or unless otherwise provided by law.

3. In addition to the publicization of information in the forms specified in Clauses 1 and 2 of this Article, the competent representative of a state enterprise may, depending on the characteristics and nature of operation of the enterprise and contents subject to publicization, decide to select other forms of publicization specified in Clause 1, Article 65 of this Law in conformity with the actual conditions of the enterprise, ensuring workers’ access to accurate, and sufficient information in a timely and convenient manner.

4. The competent representative of a state enterprise shall organize the provision of information at the request of workers, for the information for which the time limit for publicization has not yet expired but which has not yet been made public, or the information for which the time limit for publicization has expired, or the information which is currently put for publicization but not accessible to applicants due to force majeure events.

5. A state enterprise may determine other information contents to be publicized, forms of publicization, application of forms of publicization to certain types of information contents and methods of implementation, and on-demand provision of information under the regulation on the implementation of democracy in conformity with the characteristics of organization, operation and actual conditions of the enterprise, which must not be contrary to the provisions of this Section.

6. In case it is otherwise provided by law regarding forms and methods of publicization of specific information contents, such provisions shall apply.

Subsection 2

DISCUSSION AND DECISION BY EMPLOYEES AT STATE ENTERPRISES

Article 67. Matters to be discussed and decided by employees

1. Contents of collective bargaining reached in accordance with law.

2. Allocation of income to various funds, and collection, spending, management and use of amounts from incomes and contributions of employees.

3. Election and dismissal of members of People’s Inspection Boards.

4. Contents of resolutions of employees’ meetings.

5. Other matters subject to self-governing in state enterprises which, however, must not be contrary to law and must conform to social ethics.

Article 68. Forms of discussion and decision by employees

1. Employees of a state enterprise shall discuss and decide on the matters specified in Clauses 2, 3, 4 and 5, Article 67 of this Law at employees’ meetings on the basis of proposals of the Trade Union Executive Committee at the enterprise or another representative organization of employees at the grassroots level (if any) or a competent representative of the enterprise, or at the request of at least one-third of the total employees of the enterprise.

2. When it is impossible to hold an employees’ meeting due to force majeure reasons or if an employees’ meeting has been convened twice but yet to reach the required minimum number of participants as specified at Point c, Clause 2, Article 69 of this Law, the competent representative of the state enterprise shall, after reaching agreement with the Trade Union Executive Committee at the enterprise or another representative organization of employees at the grassroots level (if any), decide to send opinion ballots to all employees of the enterprise.

3. The discussion and decision on the matters specified in Clause 1, Article 67 of this Law must comply with the labor law.

Article 69. Organization of employees’ meetings

1. Employees’ meetings of a state enterprise shall be jointly organized by the enterprise’s leadership, the Trade Union Executive Committee at the enterprise or the representative board of another representative organization of employees at the grassroots level (if any).

A regular meeting of employees shall be held once a year after the enterprise’s fiscal year ends but must fall within the first 3 months of the following year as decided by the competent representative of the enterprise after consulting the Trade Union Executive Committee at the enterprise or the representative board of another representative organization of employees at the grassroots level (if any).

An extraordinary meeting of employees may be held when so requested by the subjects specified in Clause 1, Article 68 of this Law.

2. Participants in employees’ meetings in state enterprises are specified as follows:

a/ For an enterprise that employs less than 100 employees, employees’ meetings will be held in the form of plenary meeting, except the case specified at Point b of this Clause;

b/ For an enterprise that employs 100 employees or more or employs less than 100 employees who are scattered in a large area or cannot leave their work positions for professional reasons, the enterprise’s competent representative shall reach agreement with the Trade Union Executive Committee at the enterprise or the representative board of another representative organization of employees at the grassroots level (if any) to decide whether employees’ meetings shall be held in the form of plenary meeting or representative meeting as suitable to the enterprise’s conditions;

c/ A meeting shall be regarded as validly held when it is participated by at least two-thirds of the total employees of the enterprise or at least two-thirds of the total summoned representatives. Resolutions and decisions of a meeting shall be adopted when they are voted for by more than 50% of the total participants and their contents are not contrary to law and are conformable with social ethics.

3. The agenda, participants, time, venue, sequence of, and responsibilities for organizing, employees’ meetings must comply with the Government’s regulations.

Article 70. Responsibilities for organizing employees’ discussion and making of decision and for implementing decisions of the employees’ collective

1. The competent representative of a state enterprise shall reach agreement with the Trade Union Executive Committee at the enterprise and the representative board of another representative organization of employees at the grassroots level (if any) to formulate plans on holding an employees’ meeting or sending opinion ballots for employees to discuss and decide on the matters specified in Article 67 of this Law.

2. The competent representative of a state enterprise shall coordinate with the Trade Union Executive Committee at the enterprise and the representative board of another representative organization of employees at the grassroots level (if any) in disseminating, guiding and urging the implementation of resolutions of employees’ meetings, the enterprise’s regulations on the implementation of democracy and other matters agreed and decided by employees; and appoint a focal point for coordinating, monitoring and making recommendations for timely handling problems arising in the process of implementation.

3. Biannually, the competent representative of a state enterprise shall coordinate with the Trade Union Executive Committee at the enterprise and the representative board of another representative organization of employees at the grassroots level (if any) in examining and evaluating results of the implementation of resolutions of the employees’ meeting, and notify examination and evaluation results to all employees in the enterprise.

4. Party members, trade union members and employees in a state enterprise shall proactively participate in the discussion and decision on the matters specified in Article 67 of this Law and strictly implement decisions approved by the collective. If detecting that a decision of the employees’ collective does not comply with the law-prescribed order and procedures or contains contents contrary to law or social ethics, they may send petitions and reports to the immediate upper-level Trade Union Executive Committee or competent state management agencies.

Subsection 3

CONTRIBUTION OF OPINIONS BY EMPLOYEES IN STATE ENTERPRISES

Article 71. Matters on which employees contribute opinions

1. Matters on which employees of a state enterprise contribute opinions before the enterprise makes decision include:

a/ The formulation, amendment and supplementation of internal rules and regulations of the enterprise concerning obligations and lawful rights and interests of employees;

b/ The formulation, modification and supplementation of wage scales, wage tables and labor norms;

c/ The implementation of solutions to improve working conditions, protect the environment, prevent and fight fire and explosion, and combat corruption and negative practices;

d/ Draft internal processes and procedures for settlement of labor disputes, labor discipline, material responsibility and other contents concerning rights and obligations of employees on which the enterprise finds that it is necessary to be consulted;

dd/ Draft regulation on the implementation of democracy of the enterprise;

e/ Other matters concerning rights and obligations of employees in accordance with law and the enterprise’s regulation on the implementation of democracy.

2. Matters on which employees contribute opinions at the request of employees’ representative organizations include:

a/ Contents and forms of collective labor agreements;

b/ Contents and forms of dialogues at state enterprises.

Article 72. Forms of employees’ contribution of opinions

Based on the characteristics and nature of the matters put for opinion, employees in a state enterprise may contribute opinions in one or several of the following forms:

1. Directly or through the person directly in charge of each unit or division of the enterprise;

2. Through the employees’ representative organization or employees’ representative groups for dialogue;

3. Through dialogue meetings at the enterprise;

4. Through suggestion boxes, hotlines, internal information system, and the portal or website of the enterprise;

5. Other forms that are not contrary to law and are provided in the enterprise’s regulation on the implementation of democracy.

Article 73. Organization of dialogues at the workplace

1. State enterprises shall organize annual dialogue meetings with employees and employees’ representative organizations in enterprises; organize dialogues upon request of one or more party(ies) or in other cases provided by law to share information, consult, discuss and exchange ideas between employers and employees or employees’ representative organizations regarding issues related to the rights, interests and matters of concern of the parties at the workplace with a view to increasing mutual understanding and cooperation and joint efforts to seek solutions beneficial to all parties.

2. The organization of dialogues at the workplace must comply with the labor law and enterprises’ regulations on the implementation of democracy.

Article 74. Responsibilities for organizing employees’ contribution of opinions

1. The leadership of state enterprises shall organize the collection of employees’ opinions on the matters specified in Article 71 of this Law; direct and organize the receipt and summing up of employees’ opinions and feedback; study and reply and give explanations about their replies to, employees’ opinions, and publicize such replies and explanations to employees.

2. The Trade Union Executive Committee at an enterprise or another representative organization of employees at the grassroots level (if any) shall join the organization of collection of employees’ opinions; supervise the collection of employees’ opinions, the making of replies to employees’ opinions and giving of explanations about these replies, and the implementation of the matters on which employees have given opinions; and give opinions before the enterprise issues its regulation on the implementation of democracy.

3. Party members, trade union members and employees in a state enterprise shall proactively contribute opinions to the enterprise in order to better ensure the rights and interests of employees and build harmonious and stable industrial relations, thus contributing to the sustainable development of the enterprise; monitor, evaluate and supervise the summing up of, making of replies to, employees’ opinions as well as the giving of explanations about these replies with regard to matters put up for employees’ opinion and the process of organizing the implementation of decisions on these contents.

Subsection 4

INSPECTION AND SUPERVISION BY EMPLOYEES IN STATE ENTERPRISES

Article 75. Contents of inspection and supervision by employees

1. Employees in state enterprises shall inspect the implementation of the matters discussed and decided by the employees’ collective as specified in Article 67
of this Law.

2. Employees shall supervise the implementation of the law on the implementation of grassroots democracy by state enterprises, the implementation of policies and laws by competent representatives, leadership and executive boards and other competent persons of the enterprises.

Article 76. Forms of employees’ inspection and supervision

1. Employees shall directly perform the inspection and supervision in state enterprises through:

a/ Labor, production and daily-life activities in enterprises;

b/ Viewing, learning from, and communicating with persons holding positions and powers and other employees in enterprises;

c/ Accessing information permitted for publicization; information and reports of enterprises or persons assigned to manage and implement matters discussed and decided by employees;

d/ Attending employees’ meetings, dialogue meetings at the workplace, meetings and other collective activities at the workplace.

2. Employees shall perform the inspection and supervision through activities of People’s Inspection Boards in state enterprises.

Article 77. Organization of People’s Inspection Boards in state enterprises

1. The People’s Inspection Board in a state enterprise shall be elected by the employees’ meeting, consisting of between 3 members and 9 members at the request of the Trade Union Executive Committee at the enterprise or another representative organization of employees at the grassroots level (if any).

In case the state enterprise’s operations have special particularities or are scattered, the employees’ meeting may decide on a bigger number of members of the People’s Inspection Board so as to ensure the Board’s effective operation.

2. Members of the People’s Inspection Board of a state enterprise are persons who are working in the enterprise, have good moral qualities and good prestige in the enterprise, are physically fit to fulfill their tasks; knowledgeable about policies and laws and join the People’s Inspection Board on a voluntary basis; are not concurrently competent representatives, members of the leadership or executive board, or chief accountant of the enterprise.

3. A term of office of the People’s Inspection Board is 2 years. During the term of office, if a position in the Board is vacant or if a member of the Board fails to fulfill his/her tasks, no longer gains confidence or resigns from his/her duty, the Trade Union Executive Committee at the enterprise or the representative board of another representative organization of employees at the grassroots level (if any) shall request the employees’ meeting to decide to dismiss such member and elect another person to replace him/her.

4. The People’s Inspection Board in a state enterprise shall be composed of a head, a deputy head and members. The head shall take responsibility for the overall operation of the People’s Inspection Board; the deputy head shall assist the head in performing the latter’s tasks; other members shall perform tasks as assigned by the head.

Article 78. Tasks and powers of People’s Inspection Boards in state enterprises

1. To examine the implementation of decisions of the employees’ collective; to supervise the implementation of the law on the implementation of grassroots democracy by state enterprises.

2. To recommend competent agencies or competent persons to handle in accordance with law when detecting signs of violation of law, and supervise the implementation of such recommendations.

3. To request enterprises’ competent representatives or enterprises’ leadership and executive boards to provide relevant information and documents to serve the verification, examination and supervision.

4. To review and verify specific cases at the request of employees in enterprises.

5. To recommend enterprises’ leadership and executive boards to remedy limitations and shortcomings detected through inspection and supervision; to ensure the lawful and legitimate rights and interests of employees; to praise units and individuals having achievements. To propose competent agencies and organizations to consider and handle violators, if detected.

6. To receive employees’ petitions and reports falling within the scope of inspection and supervision of the People’s Inspection Boards.

Article 79. Operations of People’s Inspection Boards in state enterprises

1.  The People’s Inspection Board in a state enterprise shall be subject to the direction and guidance of the Trade Union Executive Committee at the enterprise.

2. Based on resolutions of employees’ meetings and the direction and guidance of Trade Union Executive Committee at the enterprise, the People’s Inspection Board shall formulate its working programs on a quarter, biannual and annual basis.

3. The People’s Inspection Board shall report its operation to the Trade Union Executive Committee at the enterprise and at employees’ meetings of the enterprise.

Article 80. Handling of employees’ inspection and supervision results

1. Through direct inspection and supervision, employees shall give opinions to competent persons of state enterprises in order to promptly remedy inadequacies and limitations in organization and management work; prevent negative practices and violations of law; ensure the lawful and legitimate rights and interests of employees and contribute solutions for development of enterprises.

2. When detecting acts or matters showing signs of violation, employees have the right to lodge complaints and denunciations in accordance with law or make petitions or reports to the competent representatives, leadership and executive boards of state enterprises; make petitions and reports to related state management agencies, the trade unions, other representative organizations of employees and mass organizations in the enterprises of which they are members; or report and propose the People’s Inspection Boards to consider, inspect and supervise such acts and matters according to their functions and tasks.

3. The agencies, organizations and individuals specified in Clause 2 of this Article shall receive and settle employees’ complaints, denunciations, petitions and reports according to their competence or conduct the inspection, examination and supervision in accordance with law.

Article 81. Responsibilities for ensuring employees’ inspection and supervision

1. The Executive Board of a state enterprise has the following responsibilities:

a/ To coordinate with the enterprise’s Trade Union Executive Committee and the representative board of another representative organization of employees at the grassroots level (if any) in, based on the requirements, tasks, organizational and operational characteristics and nature, and practical conditions of the enterprise, formulating and issuing the regulation on the implementation of democracy in order to provide more specifically the contents and methods of the implementation of democracy at the enterprise which shall serve as a basis for employees’ inspection and supervision. The contents of the enterprise’s regulation on the implementation of democracy may be expanded beyond the scope of the implementation of democracy by employees but must neither contravene, nor restrict the implementation of, the contents provided in this Law;

b/ To create a mechanism for receiving comments, petitions and reports of employees at the enterprise; to hold dialogues and give explanations to employees in accordance with law;

c/ To consider, and promptly settle, explain and respond to employees’ petitions and reports, as well as petitions of the trade union and another representative organization of employees at the grassroots level (if any) and other organizations and associations at the enterprise; to forward information on issues falling beyond its competence to competent agencies;

d/ To create and ensure favorable conditions for the People’s Inspection Board to carry out the inspection and supervision in accordance with law by informing the Board of major policies and laws related to the enterprise’s organization and operation; to provide necessary information and materials in a sufficient and timely manner as requested by the People’s Inspection Board; to consider and promptly settle the People’s Inspection Board’s petitions and notify  the results of settlement of such petitions within 15 days after receiving them; to notify the People’s Inspection Board of the results of settlement of petitions and reports and implementation of the law on the implementation of democracy at the enterprise;

dd/ To handle in accordance with law persons committing acts of obstructing employees to exercise their rights to inspection and supervision; persons committing acts of taking revenge on or repressing employees that make complaints, denunciations, petitions or reports; and persons committing acts of obstructing the operation of the People’s Inspection Board and taking revenge on or repressing the People’s Inspection Board’s members.

3. The Trade Union Executive Committee at a state enterprise has the following responsibilities:

a/ To nominate candidates for election of members of the People’s Inspection Board at employees’ meetings; to recognize results of election of members of the People’s Inspection Board; to propose the dismissal of members of the People’s Inspection Board;

b/ To guide the People’s Inspection Board in formulating working programs, plans and contents; to consider reports on the People’s Inspection Board’s activities and direct and guide the People’s Inspection Board’s activities; to participate in the People’s Inspection Board’s activities when deeming it necessary;

c/ To consider and settle the People’s Inspection Board’s petitions; to monitor and urge the settlement of the People’s Inspection Board’s petitions sent to competent representatives, the enterprise’ Executive Board or competent authorities;

d/ To mobilize employees to coordinate with, and actively support activities of, the People’s Inspection Board;

dd/ To provide financial support for operation of the People’s Inspection Board.

3. Employees shall be held responsible for the contents of their complaints, denunciations, petitions and reports; and proactively and actively coordinate with the People’s Inspection Board and responsible agencies, organizations and individuals in verifying, examining and supervising the contents of their petitions and requirements.

4. The Government shall provide in detail the organization and operation of People’s Inspection Boards at state enterprises.

Section 2

IMPLEMENTATION OF DEMOCRACY AT OTHER ENTERPRISES AND ORGANIZATIONS HIRING OR EMPLOYING EMPLOYEES UNDER LABOR CONTRACTS IN THE NON-STATE SECTOR

Article 82. Implementation of democracy at other enterprises and organizations hiring or employing employees under labor contracts in the non-state sector

1. The implementation of democracy at other enterprises and organizations hiring or employing employees under labor contracts in the non-state sector must comply with the general provisions specified in Chapter I of this Law and specific provisions on the implementation of democracy at the workplace in accordance with the labor law and other relevant laws.  

2. Other enterprises or organizations hiring or employing employees under labor contracts in the non-state sector may, depending on their organizational and operational characteristics and nature and practical conditions, choose to apply the provisions on the implementation of democracy at state enterprises specified in Section 1 of this Chapter at their enterprises or organizations; and notify such to the trade unions at their enterprises or organizations and publicize the applicable contents to their employees.

3. In the course of formulating and issuing their regulations on the implementation of democracy at the workplace, other enterprises and organizations hiring or employing employees under labor contracts in the non-state sector are encouraged to expand the scope, contents and methods of the implementation of democracy beyond those prescribed by law which must neither contravene nor restrict employees’ rights to implementation of democracy provided in this Law and other relevant laws.

Chapter V

ORGANIZATION OF IMPLEMENTATION OF THE LAW ON THE IMPLEMENTATION OF GRASSROOTS DEMOCRACY

Article 83. Responsibilities of the Government, ministries, ministerial-level agencies and government-attached agencies

1. The Government shall uniformly perform the state management of the implementation of grassroots democracy, and has the following tasks and powers:

a/ To promulgate according to their competence, or propose competent state agencies to promulgate, amend, supplement and improve the law on the implementation of grassroots democracy;

b/ To implement measures for law dissemination and education, and raise the awareness about the rights and responsibilities of citizens, cadres, public employees, civil servants and workers in the implementation of grassroots democracy;

c/ To guide agencies, organizations and citizens in the implementation of the law on the implementation of grassroots democracy;

d/ To inspect and examine the implementation of, and handle acts of violating, the law on the implementation of grassroots democracy;

dd/ To monitor, urge and examine the implementation of grassroots democracy.

2. The Ministry of Home Affairs has the following responsibilities:

a/ To assist the Government in performing the state management of the implementation of democracy in communes, wards, townships, state agencies, and public non-business units;

b/ To monitor, examine, sum up and report to the Government and Prime Minister on the results of the implementation of grassroots democracy.

3. The Ministry of Labor, Invalids and Social Affairs has the following responsibilities:

a/ To assist the Government in performing the state management of the implementation of democracy in labor-employing organizations;

b/ To coordinate with the Ministry of Home Affairs in reporting to the Government and Prime Minister on the results of the implementation of democracy in labor-employing organizations.

4. The Ministry of Finance shall guide the estimation, management, use and account-finalization of funds for the implementation of grassroots democracy and the allocation of funds to the Vietnam Fatherland Front and the Vietnam General Confederation of Labor for provision of financial support for operation of People’s Inspection Boards and Community-Based Investment Monitoring Boards.

5. The Minister of National Defense and Minister of Public Security shall, based on the provisions of this Law, prescribe the implementation of democracy in agencies of the People’s Army and the People’s Public Security Forces.

6. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, organize the implementation of the law on grassroots democracy.

Article 84. Responsibilities of other agencies in the state apparatus

1. The National Assembly Standing Committee, Supreme People’s Court, Supreme People’s Procuracy, State Audit Office of Vietnam, National Assembly’s agencies, National Assembly Standing Committee’s agencies, the Office of the National Assembly, Presidential Office, and People’s Councils at all levels shall organize the implementation of the law on the implementation of grassroots democracy.

2. The National Assembly Standing Committee shall, based on the provisions of this Law, prescribe the implementation of democracy within the National Assembly’s agencies, National Assembly Standing Committee’s agencies, and agencies of the People’s Councils at all levels in conformity with the particular organizational and operational characteristics of these agencies.

Article 85. Responsibilities of provincial- and district-level People’s Committees

1. To organize the implementation of the law on the implementation of grassroots democracy in their localities.

2. To formulate and submit to the People’s Councils of the same levels for decision measures for ensuring the implementation of grassroots democracy in their localities.

3. To report to competent state agencies on the implementation of grassroots democracy in their localities upon request.

Article 86. Responsibilities of commune-level People’s Councils and People’s Committees

1. Commune-level People’s Councils have the following responsibilities:

a/ To decide on measures for ensuring the implementation of democracy in the commune-level localities;

b/ To oversee the implementation of the law on the implementation of grassroots democracy by agencies, organizations and individuals in commune-level localities.

2. Commune-level People’s Committees have the following responsibilities:

a/ To organize the implementation of democracy in commune-level localities;

b/ To keep close contact with the people and residential communities in commune-level localities;

c/ To consider, and promptly settle and respond to complaints, denunciations and petitions of citizens, petitions of People’s Inspection Boards in communes, wards and townships, Community-Based Investment Monitoring Boards, and commune-level Vietnam Fatherland Front Committees and socio-political organizations;

d/ To promptly report to superior state agencies issues falling beyond their competence;

dd/ To perform other tasks and exercise other powers as provided in this Law.

3. In localities without commune-level administrative units, district-level People’s Councils and People’s Committees shall perform the tasks of commune-level People’s Councils and People’s Committees as provided in this Law.

4. In localities where commune-level People’s Councils are not organized, commune-level People’s Committees shall report to district-level People’s Committees the results of the implementation of grassroots democracy in their localities. District-level People’s Councils in localities where commune-level People’s Councils are not organized or provincial-level People’s Councils in localities where both commune- and district-level People’s Councils are not organized shall perform the tasks specified in Clause 1 of this Article.

Article 87. Responsibilities of Vietnam Fatherland Front Committees at all levels

1. To mobilize the people to implement grassroots democracy, codes and conventions of villages and residential communities; to organize emulation movements on the implementation of grassroots democracy.

2. To participate, and support and guide the people in the implementation of grassroots democracy.

3. To receive and sum up complaints, denunciations, reports and petitions of the people about the implementation of grassroots democracy for forwarding them to competent state agencies under regulations; to supervise the process of settling complaints, denunciations, reports and petitions of the people.

4. To carry out supervision and social criticism of operations of agencies, units, cadres, public employees, civil servants and workers with regard to the implementation of policies and laws on the implementation of grassroots democracy.

5. To perform other tasks and exercise other powers as provided in this Law.

Article 88. Responsibilities of Vietnam Trade Unions at all levels

1. To mobilize cadres, public employees, civil servants and workers to implement grassroots democracy; to organize emulation movements on the implementation of grassroots democracy.

2. To join with, support and guide cadres, public employees, civil servants and workers in the implementation of democracy in agencies, units and labor-employing organizations.

3. To receive and sum up complaints, denunciations, reports and petitions of cadres, public employees, civil servants and workers about the implementation of grassroots democracy for forwarding them to competent state agencies; to monitor and supervise the process of settling complaints, denunciations, reports and petitions of cadres, public employees, civil servants and workers.

4. To carry out supervision and social criticism for the implementation of the Party’s viewpoints and guidelines and the State’s policies and laws that are directly related to the lawful rights and interests of, as well as the implementation of grassroots democracy by, trade union members.

5. To perform other tasks and exercise other powers as provided in this Law.

Article 89. Responsibilities of other socio-political organizations

1. To carry out dissemination and publication activities to raise the awareness of their members and the people about the implementation of grassroots democracy.

2. To participate, and coordinate with competent agencies in examining, inspecting and supervising the implementation of grassroots democracy.

3. To carry out supervision and social criticism for the implementation of the Party’s viewpoints and guidelines and the State’s policies and laws that are directly relating to the lawful rights and interests of, as well as the implementation of grassroots democracy by, their members.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 90. Effect

1. This Law takes effect on July 1, 2023.

2. The National Assembly Standing Committee’s Ordinance No. 34/2007/PL-UBTVQH11 of April 20, 2007, on the implementation of democracy in communes, wards and townships and the National Assembly Standing Committee’s Resolution No. 55/1998/NQ-UBTVQH10 of August 30, 1998, promulgating the regulations on implementation of democracy in agencies’ activities, cease to be effective on the effective date of this Law.

Article 91. Application of laws and transitional provisions

1. In case other laws promulgated before the effective date of this Law have specific provisions on the contents, forms, duration, order and procedures for publicization of information, and collection of opinions of citizens, cadres, public employees, civil servants and workers in specific fields, such laws shall prevail.

2. Central agencies of political organizations and socio-political organizations shall, on the basis of the principles provided in this Law, other relevant legal documents, and the operation charters of their organizations, specify the implementation of democracy within agencies and units of the political organizations and socio-political organizations.

3. Codes and conventions of villages and residential communities, and other decisions of residential communities that are recognized or passed before the effective date of this Law shall continue to be implemented until they are amended, supplemented, replaced or annulled under regulations.

This Law was passed on November 10, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam, at its 4^th session.-

Chairman of the National Assembly
VUONG DINH HUE