| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY ---------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------- |
| No. 34/2007/PL-UBTVQH11 | Hanoi , April 20, 2007 |
ORDINANCE
ON EXERCISE OF DEMOCRACY IN COMMUNES, WARDS AND TOWNSHIPS
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Ordinance provides the exercise of democracy in communes, wards and townships.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Ordinance provides for the contents to be publicized to people; the contents to be discussed and decided by people; the contents to be commented by people before they are decided by competent bodies; the contents to be supervised by people; the responsibilities of administrations, officials and public servants of communes, wards and townships (below referred collectively to as the communal level), of officials of hamlets, villages (below referred collectively to as villages), population groups of streets, street sections, street blocs (hereinafter referred collectively to as street population groups), of relevant agencies, organizations and individuals as well as of people in exercise of democracy at the communal level.
Article 2.- Principles for exercise of democracy at the communal level
1. To ensure order, discipline, within the framework of the Constitution and law.
2. To ensure the people's rights to know, to contribute opinions, to decide, to exercise and supervise the exercise of democracy at the communal level.
3. To protect the interests of the State, the legitimate rights and interests of organizations and individuals.
4. To ensure publicity and transparency in the exercise of democracy at the communal level.
5. To ensure the Party's leadership and the State's management.
Article 3.- Responsibilities to organize the exercise of democracy at the communal level
1. Within the ambit of their respective tasks and powers, People's Councils and People's Committees at the communal level, relevant agencies, organizations and individuals shall organize the exercise of democracy at the communal level.
2. People's Councils and People's Committees at the communal level shall coordinate with the Vietnam Fatherland Front Committees and the Front's member organizations of the same level in organizing the exercise of democracy at the communal level.
3. The Vietnam Fatherland Front Committees and the Front's member organizations at the communal level shall supervise the exercise of, and to participate in propagating and mobilizing people to exercise democracy at the communal level.
Article 4.- Prohibited acts
1. Failing to observe or acting in contravention of the regulations on exercise of democracy at the commune level.
2. Retaliating people who make complaints, denunciations or petitions related to the exercise of democracy at the communal level.
3. Covering up, obstructing or showing irresponsibility in the settlement of complaints, denunciations or petitions related to the exercise of democracy at the communal level.
4. Taking advantage of the exercise of democracy at the communal level to infringe upon the national security, social order and safety; to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.
Chapter II
CONTENTS TO BE PUBLICIZED TO PEOPLE
Article 5.- Contents to be publicized
1. Plans on socio-economic development; schemes on economic restructuring and annual budget estimates and settlement of the communal level.
2. Investment projects and works and the priority order, implementation schedules, schemes on compensation and support for ground clearance and resettlement related to projects and works in communal-level localities, detailed land use plans and adjustment schemes and planning on population quarters in communal-level localities.
3. Tasks and powers of communal-level officials and public servants, who directly handle the people's affairs.
4. The management and use of assorted funds, investments, financial aids under programs or projects for communal level; contributions mobilized from people.
5. Undertakings and plans on borrowing capital for people to develop production, eliminate hunger and reduce poverty; modes and results of considering and selecting poor households entitled to loans for production development, social relief, construction of charity houses, grant of medical insurance cards.
6. Schemes on establishment, merger, division of administrative units, adjustment of administrative boundaries directly related to the communal level.
7. Results of inspecting, examining and settling negative and corruption cases of communal officials or public servants, village officials, street population group officials; results of votes of confidence on Chairmen and Vice Chairmen of People's Councils, presidents and vice presidents of People's Committees of the communal level.
8. Contents and results of acceptance of people's opinions on matters falling under the deciding competence of the communal-level, which have been put up by communal level administrations for people's comments as provided for in Article 19 of this Ordinance.
9. Payers and collection levels of assorted charges and fees as well as other financial obligations directly collected by communal-level administrations.
10. Legal provisions on administrative procedures for settlement of matters related to people, which are carried out directly by communal-level administrations.
11. Other contents prescribed by law, requested by competent state bodies or considered necessary by communal-level administrations.
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