LAW

IMPLEMENTATION OF GRASSROOTS-LEVEL DEMOCRACY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly passes the Law on Implementation of Grassroots-level Democracy.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law stipulates the content and methods of implementation of democracy at the grassroots level; the rights and obligations of citizens concerning implementation of grassroots democracy and the responsibilities of agencies, units, entities and persons for implementation of grassroots democracy.

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For the purposes of this Law, terms used herein are construed as follows:

1. Grassroots (or grassroots level) refers to communes, wards or townships (hereinafter referred to as commune level) or residential communities in commune-level areas; state agencies, public non-business units (hereinafter referred to as public entities); employing entities.

2. Implementing democracy at the grassroots level refers to an approach to promoting the People's mastery to enable citizens, public officials, staff members and employees to be informed, express their will, aspiration and view point through the process of consultation, contribution of opinions, decision making, inspection and supervision of issues at the grassroots level in accordance with the national Constitution and law.

3. Residential community refers to a group of Vietnamese citizens living in a village, hamlet (otherwise called in ethnic languages) (hereinafter referred to as village), residential group, quarter, street block, cluster and sub-zone (hereinafter referred to as residential group).

4. Employing entity (also employer) refers to a state enterprise and other business entity or legal person that hires and engages workers and employees under an employment contract in the non-State sector.

Article 3. Principles of implementation of grassroots democracy

1. Ensure the rights of citizens, public officials, staff members and workers or employees can be informed of, contribute their opinions to, make their decisions on, and inspect and supervise the implementation of democracy at the grassroots level.

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

3. Implement democracy at the grassroots level within the ambit of the national Constitution and laws; maintain order and discipline and avoid obstructing the normal operation of local authorities at communes and employing entities.

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5. Ensure publicity, transparency and enhanced accountability in the process of implementing democracy at grassroots level.

6. Respect public opinions, promptly address public recommendations or petitions.

Article 4. Ambit of the practice of grassroots democracy

1. All citizens shall exercise democracy in the communes, wards, townships, villages and neighborhood groups where they reside.

2. Citizens who are public officials, staff members and employees shall exercise democracy in the agencies and units where they work. In case where an entity (parent entity) has its directly controlled unit (subsidiary), the implementation of democracy in the subsidiary shall be decided by the head of the parent entity.

3. Citizens who are workers shall exercise democracy at the employing entity where they are employed under employment contracts. In case an employing entity has its directly controlled unit (subsidiary), the implementation of democracy in this subsidiary shall comply with the provisions of the charter, internal rules and regulations of the employing entity and relevant laws.

Article 5. Entitlements of citizens to implementation of grassroots democracy

1. Have access to disclosure and request provision of adequate, accurate and timely information in accordance with law.

2. Propose initiatives, contribute opinions, discuss and decide on matters relating to implementation of democracy at the grassroots level in accordance with the provisions of this Law and other relevant laws.

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4. Receive recognition, respect, protection and get assured of legitimate rights and interests in the implementation of democracy at the grassroots level in accordance with the provisions of law.

Article 6. Obligations of citizens to implementation of grassroots democracy

1. Comply with laws regarding implementation of grassroots democracy.

2. Contribute opinions about survey questions raised at the grassroots level in accordance with the provisions of this Law and other relevant laws.

3. Abide by decisions of residential community, local authorities, agencies, units and employing entities.

4. Promptly file complaints, petitions and grievances to competent authorities when detecting any violation against law on implementation of democracy at the grassroots level.

5. Respect and protect social order, safety, and national interests, legitimate rights and interests of natural or legal persons.

Article 7. Right of enjoyment of citizens

1. Obtain recognition, respect and protection, and get assured of human rights and citizens' rights in terms of political, civil, economic, cultural and social aspects from the State and laws. Receive guarantee for their exercise of the rights to implementation of democracy at the grassroots level in accordance with this Law and other relevant laws.

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3. Enjoy the achievements of the socio-economic reform and growth, benefits from social security, safety and stability of the nation, localities, employing institutions or entities and the results of implementation of democracy in the places where they live or work.

4. Gain access to training, work, production or business opportunities to improve and enhance the material and spiritual life of their own, families and community.

Article 8. Measures for assurance of implementation of grassroots democracy

1. Provide training to enhance professional skills and qualification for persons tasked with enforcing law on implementation of democracy at grassroots level.

2. Strengthen the work of information, propaganda, dissemination and education of the law on the implementation of democracy at grassroots level; raise public awareness about ensuring the implementation of democracy at the grassroots level.

3. Enhance the responsibilities of institutions and entities, the role as a man of exemplary character of officeholders, Party members, public officials, staff members, public employees and part-timers at communes, villages and residential quarters in the implementation of democracy at grassroots level, and the role in ensuring the implementation of democracy at the grassroots level; consider implementation of democracy at the grassroots level by communes, institutions and entities as an indicator used for assessment of performance.

4. Give credit or awards to men of exemplary character or persons achieving much success in duly promoting and implementing the grassroots democracy; detect and strictly sanction institutions, entities or persons violating the law on implementation of democracy at grassroots level.

5. Provide support or incentive for the application of information technology, science and technology advances, and the use of technical instrumentalities or equipment, and other necessary conditions for implementation of grassroots democracy in line with the progress in building e-government, digital government and digital society.

Article 9. Prohibited acts during implementation of grassroots democracy

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2. Perform the act of screening, hindrance or repression or negligence in handling petitions, complaints, grievances or denunciations; disclose information about whistleblowers or informants of offences related to the implementation of grassroots democracy.

3. Exploit the implementation of grassroots democracy to commit an act of endangering national security, social order and safety, interests of the State, legitimate rights and interests of entities and persons.

4. Exploit the implementation of grassroots democracy to commit an act of distortion, slander, provocation of conflicts, incitement to violence, regional or geographic, gender, religion or belief, race or ethnicity discrimination, or infliction of losses or damage to persons, institutions or entities.

5. Forge documents, perform fraudulent acts or plots to falsify results of public consultation or comment.

Article 10. Imposition of sanctions or penalties relating to implementation of grassroots democracy

1. Persons committing offences against law relating to implementation of grassroots democracy shall, depending on the nature and seriousness of each offence, suffer corresponding sanctions or penalties or legal action taken in the form of criminal prosecution; in case where any loss or damage occurs from the predicate offence, compensation must be paid under law.

2. Entities that violate the provisions of this Law and other provisions of law related to the implementation of democracy at the grassroots level shall, depending on the nature and seriousness of their violations, be administratively sanctioned; If they cause any loss or damage, they shall be liable for compensation defined by law.

3. Any public official, staff member or employee who abuses his/her position or power to violate the provisions of this Law, act against the interests of the State, and the lawful rights and interests of entities or persons, shall, depending on the nature and seriousness of each offence, be subject to disciplinary action or criminal prosecution; in case of causing any loss or damage, they shall be liable for compensation paid under law.

4. Imposing administrative penalties or disciplinary action for offences against law on implementation of grassroots democracy shall be as provided under the Government’s regulations.

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IMPLEMENTATION OF DEMOCRACY IN COMMUNES, WARDS, TOWNS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 12. Method and time of disclosure

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a) by public posting;

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

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

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

dd) by sending written documents to citizens;

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

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

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

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

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

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

Article 13. Selection of form of disclosure of information

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

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

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

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

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

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

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Article 14. Responsibilities for conducting public disclosure of information

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

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

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

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

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

Section 2. PUBLIC CONSULTATION

Article 15. Matters available for public consultation

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

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3. Content of local by-laws.

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

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

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

Article 16. Proposal of matters for public consultation

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

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

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

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

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Article 17. Form or methodology of public consultation

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

a) holding meetings between residents in the community;

b) survey forms handed out to family households;

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

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

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

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

Article 8. Meeting between residents in the community

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

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

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

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

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

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

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

c) Attendees enter into a discussion meeting;

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

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Article 19. Handing out survey forms to family households

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

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

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

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

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

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

Article 20. Residential community’s decision

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

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a) Time of public consultation;

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

c) Issues under discussion;

d) Decision-making method;

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

e) Content of public decision;

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

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

Article 21. Effect of public decisions

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

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

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

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

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

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

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

Article 22. Modification, replacement and revocation of public decisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 3. PUBLIC COMMENT

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

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

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

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

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

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

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

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

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

Article 26. Form of public comment

1. Public comments shall be collected:

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b) in a meeting of the residential community;

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

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

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

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

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

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

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

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

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

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

Article 28. Responsibilities for conduct of public comment

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

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

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

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

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

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

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

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

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

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

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

Section 4. PUBLIC INSPECTION OR SUPERVISION

Subsection 1. CONTENT AND FORM OF INSPECTION OR SUPERVISION

Article 30. Content of inspection or supervision

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

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Article 31. Form of inspection or supervision

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

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

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

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

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

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

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

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

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Article 33. Periodic meetings of residential community

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

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

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

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

Article 34. Handling of public inspection or supervision results

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

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

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

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

2. Commune-level People’s Committees shall:

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

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

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

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

dd) Sanction people who commit acts of obstructing citizens to exercise their inspection or supervision rights, or people who commit acts of taking their revenge on or victimizing complainants, appellants, petitioners, accusers or complainants.

3. Citizens shall be responsible for their appeals, petitions, denunciations or complaints; shall proactively and actively cooperate with People's Inspectorates, community-based Investment Supervision Boards, responsible institutions, entities or persons on verifying, inspecting and supervising the issues involved in these appeals, petitions, denunciations or complaints.

Subsection 2. PEOPLE’S INSPECTORATES IN COMMUNES, WARDS, TOWNS

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

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

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

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

3. The People’s Inspectorate in a commune, ward or town shall be composed of the Head, Vice Head and Member(s). The Head of the People’s Inspectorate shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform duties assigned by the Head.

Article 37. Standards of members of the People’s Inspectorate in a commune, ward or town

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

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

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

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

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

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

5. Appeal to Presidents of commune-level People's Committees, commune-level public officials and staff members; heads of villages and residential quarters to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of organizations and citizens; commend units and individuals delivering good performance. If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.

6. Attend meetings of the People's Councils and the Commune-level People's Committees related to the performance of inspection and supervision tasks of the People's Inspectorates.

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

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

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

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

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

1. Commune-level People’s Committee shall:

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

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

c) Promptly assess and handle the recommendations of the People's Inspectorate; notify results within 15 days from the date of receipt of the recommendations;

d) Notify the People's Inspectorate of the results of handling of complaints and denunciations, and compliance with laws on the implementation of grassroots democracy in communes;

dd) Sanction persons who hinder the People's Inspectorate from performing its duties; persons who retaliate or persecute members of the People's Inspectorate according to the provisions of law.

2. Commune-level Fatherland Front Committees shall:

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

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

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

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

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

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

Subsection 3. COMMUNITY-BASED INVESTMENT SUPERVISION BOARD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1. Commune-level Fatherland Front Committees shall:

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

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

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

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

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

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

2. Commune-level People’s Committees shall:

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

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

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

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

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

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

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

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

Chapter III

IMPLEMENTATION OF DEMOCRACY AT WORKPLACE

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Article 46. Matters that must be made available for public access by heads of workplaces

Except data or information classified as state secrets, work secrets or those of which disclosure is prohibited in accordance with law, heads of workplaces shall have a duty to disclose the following intra mural:

1. Guidelines and policies of the Party and national laws related to the organization and operation of their workplaces;

2. Annual, quarterly and monthly work plans of their workplaces;

3. Explanatory data or reports on the state budget estimate approved by the competent authority, and other financial sources; progress of implementation of the budget estimate and financial accounts of budget of each workplace; results of implementation of the State Audit's recommendations (if any);

4. Standards, quotas, administrative procedures regarding public assets; situation of investment, construction, procurement, delivery, lease, use, withdrawal, transfer, alteration of functions, sale, liquidation, destruction and other forms of management of public property; situation of exploitation of financial resources derived from public property put under their control or custody;

5. Principles, criteria and quotas for allocation of public investment capital; principles, criteria and grounds for determining the list of projects included in the medium-term and annual public investment plans; public investment plans and programs of workplaces, capital allocated each year, progress of implementation and disbursement of public investment programs’ capital; medium-term and annual public investment capital allocation plans, including the list of projects and the level of public investment capital for each project; review reports on mobilization of resources and other capital sources for participation in the implementation of public investment projects; review and results of implementation of plans, programs and projects; progress of implementation and disbursement of budget for projects; results of acceptance testing and evaluation of programs and projects; final accounts of public investment capital;

6. Recruitment, receipt, training, education, transfer, appointment, re-appointment, rotation, secondment, resignation, dismissal, planning and change of working positions; employment contracts, change of professional titles, change of working positions, termination of employment contracts; business trips to foreign countries; payment of benefits, increase in pay levels, professional ranks, evaluation and categorization of public officials, civil servants, public employees and workers; rewarding, sanctioning, dismissal and retirement of public officials, civil servants, public employees and workers; proposals, projects, programs, plans and development of legal normative documents of workplaces;

7. Conclusions of competent authorities on cases of misconduct, corruption or extravagance at the workplace; declaration of assets and income of the persons who are obliged to provide such declaration according to the provisions of law;

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9. Workplace rules and regulations; codes of conduct of people holding positions and powers in the workplace;

10. Consolidation results of opinions, clarifications, explanations and responses to opinions of public officials, civil servants, public employees and workers regarding the matters on which they comment as prescribed in Article 53 of this Law;

11. Regulatory and executive documents of senior agencies related to operation of workplaces;

12. Others as covered by laws and regulations on implementation of democracy at workplace.

Article 47. Method and time of disclosure of information at workplace

1. Information shall be disclosed:

a) by public posting;

b) through internal information systems or publishing on web portals or websites of workplaces;

c) by notices made in staff meetings held within workplace;

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dd) through notifications issued to public officials and staff members with the help of managers of departments playing their conduit roles;

e) by sending written notices to Party organizations or Executive Boards of Trade Unions of workplaces that then forward them to public officials or staff members within workplace;

g) Others as covered by laws and regulations on implementation of democracy at workplace.

2. The matters to be disclosed under Article 46 shall be made available for public access within 05 working days of receipt of decisions or written documents of competent authorities relating to the matters to be disclosed, unless otherwise prescribed in law.

Article 48. Responsibilities for conducting public disclosure of information at workplace

1. Where workplaces subject to disclosure requirements have their own websites or electronic information systems, the heads of these workplaces shall be responsible for posting the information specified in Article 46 of this Law on these platforms for at least 20 consecutive days from the date of commencement of posting or delivery of information, unless otherwise provided for by law.

2. If the aforesaid websites or electronic information systems are not available, the heads of these workplaces shall be responsible for posting the information specified in Article 46 of this Law at their workplace or offices of directly related departments or units for at least 20 consecutive days from the date of commencement of posting, except in case of using the form of written notification to all public officials, staff members at workplace, or unless otherwise defined by law.

3. In addition to disclosure of information in the forms specified in clause 1 and 2 of this Article, based on the characteristics and nature of activities and the matters to be disclosed, the heads of workplaces may otherwise decide on the form of disclosure specified in clause 1 of Article 47 herein provided that this form of disclosure fits well into the actual condition of each workplace with a view to ensuring that the staff can have access to disclosed information in an accurate, adequate, timely and easy manner.

4. Heads of workplaces shall be responsible for conducting, at the request of public officials, civil servants, public employees and staff members, the provision of the information that has not been disclosed within the time limit for publishing; the information of which time limit for disclosure has expired; or the information that is being made public but, due to force majeure, the requester cannot access.

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6. Where there is any other regulation on the form and method of public disclosure of specific types of information, such other regulation shall govern.

Section 2. CONSULTATION WITH PUBLIC OFFICIALS, CIVIL SERVANTS, EMPLOYEES OR WORKERS (STAFF CONSULTATION)

Article 49. Matters subject to staff consultation requirements

1. Election or discharge from office of members of the People’s Inspectorate at workplace.

2. Collection, spending, management and use of contributions of staff members at workplace, other than amounts prescribed by law.

3. Content of resolutions made in meetings of staff members.

4. Other self-governing work within workplaces that is not in contravention of traditional customs, practices, or conforms to social ethics.

Article 50. Form of staff consultation

1. Staff members at workplaces shall discuss and decide the matters specified in Article 49 herein in staff meetings at the proposal of the Executive Committees of Trade Unions of workplaces, heads of workplaces, or when they are requested for staff consultation by at least one-third of staff members at the workplace.

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Article 51. Conduct of staff meetings

1. A staff meeting shall be held by the head of workplace playing the role of the chair in collaboration with the workplace Trade Union.

The staff meeting shall be held once a year after end of the business year of the workplace provided that it is held within 03 months of the following business year, subject to the decision issued by the head of the workplace, after consultation with the Trade Union of the workplace.

An extraordinary staff meeting may be held at the proposal of those specified in clause 1 of Article 50 herein.

2. The composition of a staff meeting shall be as follows:

a) With respect to the workplace where total staff members are less than 100 persons, the plenary session attended by all staff members shall be held, except the cases specified in point b and dd of this clause;

b) For the workplace with a total number of staff members of 100 or more, or less than 100 people who work over a large area or cannot leave their offices for professional reasons, the head of the workplace shall agree with the Trade Union of the workplace to decide that the participants in the meeting are all staff members, or their representatives according to the condition of the workplace;

c) The staff meeting is validly held when at least two-thirds of total number of staff members of the workplace, or at least two-thirds of total number of invited attendees are present. The resolution or decision made in the meeting is approved when more than 50% of total number of attendees agree; when the content thereof is not in contravention of the provisions of law; and when the content thereof is conformable to social ethics;

d) For the workplace controlling affiliates, when holding the meeting, the heads and representatives of the Executive Committees of the Trade Unions of the affiliates can be invited when deeming necessary;

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3. The content of the staff meeting shall be as follows:

a) Review of the implementation of the Party's guidelines, policies and laws of the State related to the functions and tasks of the workplace;

b) Review of the implementation of the resolution of the previous staff meeting and regulations on implementation of democracy within workplace;

c) Evaluation and review the responsibilities of the head of the workplace regarding the implementation of the annual work plan;

d) Review report on competitions, contests, consideration of awards, discussion and agreement on contests or competitions in the following year; consent to agreements regarding competitions or contests;

dd) Discussion and decision on the matters defined by Article 49 herein;

e) Implementation of tasks involved in disclosure of information; survey on opinions of staff members regarding the matters specified in Article 53 herein;

g) Implementation of other tasks as resolved in the meeting.

4. Steps in holding a staff meeting shall be as follows:

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b) The representative of the Trade Union of the workplace reports on the matters defined in point b of clause 3 of this Article; the results of monitoring of implementation of democracy and support for staff members in implementation of democracy at the workplace;

c) All staff members attending the meeting discusses and raise their voice of opinions, recommendations or motions (if any);

d) The head of the workplace and the President of the Trade Union of the workplace receive and answer questions and recommendations of staff members on matters falling within their competence; discuss measures to improve working conditions, improve living standards of staff members at workplace, and measures to implement the work plan at workplace in the following year;

dd) The representative of the People’s Inspectorate reports on performance of the People's Inspectorate and the work program in the following year;

e) The meeting resolves on the matters defined by Article 49 herein (if any);

g) The meeting gives awards to entities or persons at the workplace that perform well in their assignments; announces any competition or contest;

h) Agreement on participation in a contest or competition between the head of the workplace and the Trade Union is to be signed in the meeting;

i) The meeting’s resolution is passed.

Article 52. Responsibilities for tabling matters for staff consultation, decision and implementing staff decisions

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2. The head of the workplace shall cooperate with the Executive Committee of the Trade Union of the workplace in disseminating, guiding and encouraging the implementation of the resolution made in the staff meeting, workplace regulations on implementation of democracy, and other matters agreed and decided by staff members; nominating a conduit to coordinate, monitor and propose the timely handling of issues or problems arising during the implementation process.

3. Every 6 months, the head of the workplace shall cooperate with the Executive Committee of the Trade Union of the workplace in conducting the inspection and evaluation of the results of implementation of the resolution of the staff meeting; notify inspection and evaluation results to all staff members at workplace.

4. Party members, staff members within workplaces shall have responsibilities to play an active and exemplary role in discussing and deciding the matters specified in Article 49 of this Law, and seriously implementing the decision obtaining unanimous opinions from all staff members; If it is found that the decision of all staff members does not comply with the prescribed processes and procedures, or contains breach of the provisions of law or social ethics, they shall reserve the right to file their complaints or motions to the Executive Committee of the superior Trade Union or the immediate senior of the workplace or other that has jurisdiction.

Section 3. STAFF COMMENT

Article 53. Matters requiring staff comments before decision by the head of workplace

1. Measures or solutions for implementation of the Party's guidelines, policies and laws of the State related to the functions and tasks of the workplace.

2. Annual work plans of the workplace.

3. Conduct of any competition or contests within workplace.

4. Preliminary or final review report of the workplace.

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6. Plan for recruitment, training and education of staff members; election and appointment of staff members.

7. Implementation of regulations and policies regarding rights and interests of staff members.

8. Draft regulations on implementation of democracy at workplace.

9. Draft regulations on internal expenditure at workplace (if any).

10. Draft internal rules and other regulations of the workplace.

11. Others as covered by laws and regulations on implementation of democracy at workplace.

Article 54. Form of staff comment

Based on the characteristics, nature of activities and contents of staff comment, staff members may give their opinions through one or several of the following forms:

1. Directly giving their comments or opinions to the head of the workplace or with the help of heads of departments within the workplace;

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3. Giving their comments or opinions by completing survey forms directly handed out to them, or through draft documents sent by competent authorities;

4. Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the workplace;

5. Giving their comments or opinions with the help of other unions or teams within the workplace;

6. Others that are not in contravention of laws and are prescribed in regulations on implementation of democracy at workplace.

Article 55. Responsibilities for conducting staff comment

1. The head of a workplace shall have the plan to collect comments and opinions from staff members on the matters specified in Article 53 of this Law, clearly defining the matters subject to staff comment requirements, form of staff comment, method and time limit for implementation and responsibilities for implementation; shall be responsible for directing the receipt and consolidation of opinions and feedback from staff members; shall study, handle and respond to the opinions of participants, and announce explanations, clarifications or responses to staff members.

2. The Executive Committee of the Trade Union of the workplace shall cooperate with the head of the workplace in the implementation of the plan for staff comment; supervise the formulation and implementation of the plan for staff comment, the process of collecting opinions, the results of explanation and response to and implementation of the issues on which staff members comment; consult before the head of the workplace decides to impose regulations on implementation of democracy within the workplace.

3. Party members, staff members within the workplace shall have the responsibility to play active and exemplary roles in contributing and giving opinions or comments as a basis for competent authorities to decide; monitor, evaluate and supervise the consolidation of, explanation and response to opinions or comments on the matters that have been tabled for staff consultation and the process of implementation of decisions relating to these matters.

Section 4. STAFF INSPECTION AND SUPERVISION

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Article 56. Content of staff inspection and supervision

1. Staff members may inspect the implementation of the matters that the collective of staff members have discussed and decided as specified in Article 49 herein.

2. Staff members may supervise the implementation of democracy at the grassroots level and the execution of policies and laws by the heads, management boards and competent persons of the workplaces, behaviors of staff members on duty at workplace.

Article 57. Form of staff inspection and supervision

1. Staff members shall conduct inspection and supervision through:

a) learning, working and living activities of staff members at workplace;

b) Observation of, insight about and communication with persons holding office and powers; other staff members within workplace;

c) Access to disclosed information; information, reports of workplaces or persons assigned to manage or implement the matters that staff members have discussed and decided;

d) Participation in staff meetings.

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Article 58. Handling of staff inspection and supervision

1. Through direct inspection and supervision, staff members shall get involved in giving comments and opinions on political qualities, moral conduct, competence, academic and professional qualification and performance of heads, governing boards, direct managers, in-charge persons, and other competent persons at workplaces; shall actively participate in giving comments to contribute to building a clean and strong workplace.

2. When detecting acts and matters suspected of violation, staff members shall reserve the right to lodge complaints and denunciations according to the provisions of law; or report them to heads of workplaces, Trade Unions, other organizations or associations of which they are members and which are established and operated at workplaces; or report to the People's Inspectorate or appeal it to consider carrying out the inspection or supervision within the range of its functions and duties.

3. Each People’s Inspectorate at a workplace shall act on behalf of its staff members to carry out the inspection or supervision in accordance with Subsection 2 hereof.

Article 59. Responsibilities for guarantee for staff inspection or supervision

1. Heads of workplaces shall have the following responsibilities:

a) Cooperate with the Executive Committees of the Trade Unions of workplaces, based on the requirements, tasks, organizational and operational characteristics, nature, and actual condition of these workplaces, on formulating and publishing regulations on the implementation of democracy at workplaces to further specify the content and method of implementation of democracy at their workplaces as a basis for staff inspection or supervision of such implementation of democracy. The governing scope of regulations on implementation of democracy at workplaces may be further expanded without any conflict with or restriction on the implementation of the matters already specified in this Law;

b) Develop a mechanism to receive feedback, comments, motions, complaints or petitions from staff members at workplaces; hold dialogues and explanatory meetings with staff members in accordance with law; use comments and opinions from staff members during the process of assessing and ranking the quality of staff at workplaces;

c) Promptly examine, review, process, settle, explain or respond to complaints, denunciations, motions, petitions or grievances of staff members, and recommendations of Trade Unions and other internal organizations of workplaces; promptly report on issues or refer them to competent authorities if these issues do not fall under their jurisdiction;

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dd) Sanction people who commit acts of obstructing staff members to exercise their inspection or supervision rights, or people who commit acts of taking their revenge on or victimizing complainants, appellants, petitioners, accusers or complainants in accordance with laws;

e) Implement measures to prevent and stop corrupt and negative acts; sanction and provide conditions for competent agencies and organizations to sanction people who commit corrupt and negative acts; If corrupt or misconduct acts are the consequence of acts of negligence at workplaces, lawful sanctions shall be imposed.

2. Institutions, units, entities and persons specified in clause 2 of Article 58 in this Law shall be responsible for receiving, handling and settling complaints, denunciations, petitions or grievances from staff members under their jurisdiction, or for carrying out the inspection or supervision as per law.

3. Staff members shall be responsible for their appeals, petitions, denunciations or complaints; shall proactively and actively cooperate with People's Inspectorates, responsible institutions, entities or persons on verifying, inspecting and supervising the issues involved in these appeals, petitions, denunciations or complaints.

Subsection 2. PEOPLE’S INSPECTORATES AT WORKPLACES

Article 60. Organization of People’s Inspectorates at workplaces

1. A People’s Inspectorate at a workplace shall be composed of 03 – 09 members elected in the staff meetings at the request of the Executive Committee of Trade Union at workplace.

If a workplace has particular characteristics or operates in a non-centralized manner, the staff meeting may decide on a greater number of members of the People's Inspectorate to ensure its effective operation.

Where a workplace has 07 staff members at maximum or in special cases, establishment of a People’s Inspectorate at that workplace shall not be required.

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3. Tenure of a People's Inspectorate shall be 02 years. During its tenure, if any position of member is vacant; or any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for his/her resignation, the Executive Committee of the Trade Union at the workplace shall request the staff meeting to consider such resignation and elect another person as a substitute for the previous member.

4. The People’s Inspectorate at the workplace shall be composed of the Head, Vice Head(s) and Member(s). The Head of the People’s Inspectorate shall bear joint responsibility for its operation; the Vice Head shall be responsible for assisting the Head to perform duties; other members shall perform duties assigned by the Head.

Article 61. Responsibilities and powers of People’s Inspectorates at workplaces

1. Inspect implementation of decisions collectively issued by staff members; supervise the implementation of regulatory policies and guidelines of the Party, regulatory policies and laws; compliance with laws on implementation of democracy at the grassroots level at workplaces.

2. Recommend competent agencies or persons to take actions according to regulatory provisions when detecting signs of violation against laws, and supervise the implementation of such recommendation.

3. Request heads of workplaces to provide relevant information and documents to serve verification, inspection and supervision purposes.

4. Consider verifying specific cases at the request of staff members at workplaces.

5. Appeal to heads of workplaces to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of staff members; commend units and individuals delivering good performance. If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.

6. Attend meetings of the workplaces related to the performance of inspection and supervision tasks of the People's Inspectorates.

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Article 62. Operation of People’s Inspectorates at workplaces

1. The Executive Committee of the Trade Union of a workplace shall direct and provide instructions for operation of the People’s Inspectorate at that workplace.

2. According to the resolution of the staff meeting held at the workplace and direction or guidance of the Executive Committee of Trade Union of that workplace, the People’s Inspectorate shall design quarterly, six-monthly and annual work schedules.

3. The People’s Inspectorate shall be responsible for reporting its performance to the Executive Committee of Trade Union at the workplace and in the staff meeting of the workplace.

Article 63. Responsibilities for maintaining normal operation of People’s Inspectorates at workplaces

1. The head of the workplace shall have the following responsibilities:

a) Notify the People’s Inspectorate of views and guidelines of the Party; regulatory policies and laws of the Government mainly relating to the organization and operation of the workplace; make annual reports on performance, operational objectives and directions of the subsequent year at the workplace;

b) Held direct dialogues with relevant entities and persons; directly provide or request them to fully and promptly provide necessary information and documents at the request of the People's Inspectorate;

c) Promptly assess and process the recommendations of the People's Inspectorate; notify results within 15 days from the date of receipt of the recommendations;

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dd) Sanction persons who hinder the People's Inspectorate from performing its duties; persons who retaliate or persecute members of the People's Inspectorate according to the provisions of law.

2. The Executive Committee of the Trade Union at the workplace shall have the following responsibilities:

a) Recommend personnel to the staff meeting as a member of the People’s Inspectorate; recognize the results of election as a member of the People’s Inspectorate; propose the dismissal of a member of the People’s Inspectorate; hold a meeting of the People's Inspectorate to elect the Head, Vice Head of the People's Inspectorate and assign tasks to specific members;

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

c) Consider and handle recommendations of the People’s Inspectorate; monitor and encourage the settlement of recommendations of the People’s Inspectorate to the Head of the workplace or the competent authority;

d) Stimulate staff members at the workplace to cooperate in and actively support operation of the People’s Committee;

dd) Provide funding for the People’s Inspectorate;

e) Perform duties of a People's Inspectorate at the workplace where the People's Inspectorate is not established in accordance with laws.

3. The Government shall impose detailed regulations on organization and operation of People’s Inspectorates at the workplaces.

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IMPLEMENTATION OF DEMOCRACY AT EMPLOYING ENTITIES

Section 1. IMPLEMENTATION OF DEMOCRACY AT STATE ENTERPRISES

Subsection 1. DISCLOSURE OF INFORMATION AT STATE ENTERPRISES

Article 64. Information to be disclosed by state enterprises

1. Except data or information classified as state secrets, trade secrets or those of which disclosure is prohibited in accordance with law, state enterprises shall internally disclose the following information:

a) State of production and business or operation of enterprises prescribed by law on enterprises and other relevant laws;

b) Labor rules, pay scale, table, labor norms, internal rules, regulations and other regulations related to the rights, obligations and responsibilities of all employees;

c) Collective bargaining agreements of which an enterprise is a signatory or member;

d) Establishment and use of the reward fund, welfare fund and other funds to which contributions are made by the employees (if any);

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e) Performance related to implementation of such activities as emulation, commendation, disciplining, settlement of complaints and denunciations related to rights, obligations and interests of the employees;

g) Regulations on implementation of democracy of an enterprise;

h) Other information about finance, management of public assets and personnel under law and regulations on implementation of democracy at an enterprise.

2. State enterprises shall be encouraged to disclose information about observance of business ethics, culture and implementation of corporate social responsibility.

Article 65. Method and time of disclosure

1. Information shall be disclosed in the following forms:

a) by public posting;

b) by the notification issued at the staff meeting; at the dialogue between the employer and the Executive Committee of Trade Union at the enterprise, the representation boards of other representation organizations (if any) of employees at the enterprise; at meetings between units and departments of the enterprise;

c) by the written notice sent to all of staff members;

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dd) by the written notice sent to employees through the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

e) through the notice posted on the internal information system or on the web portal or website of the enterprise;

g) through telecommunication networks or social networks legally operated under laws, and with approval from the Executive Committee of Trade Union of the enterprise, representation boards of other employee representation organizations (if any) at the enterprise;

h) by other method of communication of information that is not in contravention of laws and is prescribed in regulations of implementation of democracy at the enterprise.

2. The information specified in Article 64 herein shall be disclosed within 15 working days of receipt of decisions or written documents of competent authorities relating to the information to be disclosed, unless otherwise prescribed in law.

Article 66. Responsibilities for conducting disclosure of information at state enterprises

1. Where state enterprises subject to disclosure requirements have their own websites or electronic information systems, the heads of these enterprises shall be responsible for posting the information specified in Article 64 of this Law on these platforms for at least 20 consecutive days from the date of commencement of posting or delivery of information, unless otherwise provided for by law.

2. If the aforesaid website or electronic information system is not available, the duly authorized representative of the enterprise shall be responsible for posting the information specified in Article 64 of this Law at the enterprise’s main office or the workplaces of directly related departments or units for at least 20 consecutive days from the date of commencement of posting, except in case of using the form of written notification to all employees of the enterprise, or unless otherwise defined by law.

3. In addition to disclosure of information in the forms specified in clause 1 and 2 of this Article, based on the characteristics and nature of activities and the matters to be disclosed, the duly authorized representative of the state enterprise may decide on other form of disclosure specified in clause 1 of Article 65 herein provided that this form of disclosure fits well into the actual condition of each enterprise with a view to ensuring that employees can have access to disclosed information in an accurate, adequate, timely and easy manner.

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5. State enterprises subject to disclosure requirements may further determine the information to be disclosed, the form of disclosure, the application of the forms of disclosure for each certain type of information in question, the method of implementation, the provision of information as required in the regulations on implementation of democracy according to the characteristics of organization, operation and actual conditions of the enterprises, and without breach of the provisions of this Section.

6. Where there is any other regulation on the form and method of public disclosure of specific types of information, such other regulation shall govern.

Subsection 2. EMPLOYEES OF STATE ENTERPRISES HAVING ACCESS TO CONSULTATION

Article 67. Matters subject to staff consultation requirements

1. Collective bargaining agreements reached in accordance with law.

2. Establishment of funds, collection, spending, management and use of amounts of income or contribution of employees.

3. Election or discharge from office of any member of the People’s Inspectorate.

4. Content of the resolution made in the meeting of employees.

5. Other matters relating to self-management within the state enterprise that are not in breach of regulatory provisions, and conform to traditional values, customs and social ethics.

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1. Employees shall discuss and decide on the matters specified in clauses 2, 3, 4 and 5 of Article 67 of this Law at the employee meeting at the request of the Executive Committee of the Trade Union at the enterprise or other employee representation organizations (if any) at the enterprise, the authorized representative of the state enterprise, or when at least one third of total number of employees of the enterprise makes the same request.

2. Where an employee meeting cannot be held due to any force majeure event, or the employee meeting that has been convened for the second time fails to be attended by the number of attendees specified in point c of clause 2 of Article 69 herein, the duly authorized representative shall, after reaching agreement with the Executive Committee of the Trade Union of the enterprise, and other employee representation organizations (if any) at the enterprise, decide to distribute opinion surveys to all employees at the enterprise.

3. Consultation about the matters specified in clause 1 of Article 67 in this Law shall be subject to labor laws.

Article 69. Organization of employee meetings

1. The employee meeting shall be held by the leadership of the state enterprise, the Executive Committee of the enterprise's Trade Union, the representation board of other employee representation organization (if any) of the enterprise.

The employee meeting shall be held annually on the date after end of the financial year of the enterprise, or the date falling within the period of 3 months in the following year as decided by the authorized representative of the enterprise after consulting with the Executive Committee of the Trade Union of the enterprise or the representation board of other employee representation organization (if any) of the enterprise.

An irregular employee meeting may be held at the request of the entities specified in clause 1 of Article 68 herein.

2. The attendance of an employee meeting at a state enterprise shall be as follows:

a) For an enterprise hiring less than 100 employees, the general meeting attended by all employees in the enterprise shall be held, except in the case specified in point b of this clause;

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c) The employee meeting is deemed legitimate when at least two-thirds of total number of employees, or at least two-thirds of total number of invited attendees are present. The resolution or decision made in the meeting shall be approved when more than 50% of total number of attendees agree; and when the content thereof is not in contravention of the provisions of law; and when the content thereof is conformable to social ethics.

3. Agenda, attendance, time, location, process and responsibilities of the employee meeting shall be subject to the Government’s regulations.

Article 70. Responsibilities for tabling matters for employee consultation, decision and implementing decisions of employees

1. The duly authorized representative of the state enterprise shall be responsible for cooperating with the Executive Committee of the Trade Union, the representation board of other employee representation organization (if any) of that enterprise in reaching agreement on the policy and developing the plan to hold the employee meeting, or conduct the distribution of survey forms to employees for the purposes of employee consultation on the matters specified in Article 67 of this Law.

2. The duly authorized representative of the state enterprise shall be responsible for cooperating with the Executive Committee of the Trade Union, the representation board of other employee representation organization (if any) of that enterprise in informing, providing instructions about and promoting the implementation of the resolution of the employee meeting, regulations on implementation of democracy at the enterprise and other matters that employees agree on and decide; appointing a liaison to cooperate in, monitor and propose the timely action in response to situations arising during the implementation period.

3. Every six months, the duly authorized representative of the state enterprise shall be responsible for cooperating with the Executive Committee of the Trade Union, the representation board of other employee representation organization (if any) of that enterprise in conducting the examination and assessment of results of implementation of the resolution of the employee meeting; notifying the inspection and assessment results to all employees of the enterprise.

4. Party or Trade Union members, employees of the state enterprise shall have responsibilities to play an active role in discussing and deciding the matters specified in Article 67 of this Law, and seriously implementing the decision obtaining unanimous opinions from all employees; If it is found that the decision of all employees does not comply with the prescribed processes and procedures, or contains breach of the provisions of law or social ethics, they shall reserve the right to file their appeals or petitions to the Executive Committee of the immediate superior Trade Union or competent state agency.

Subsection 3. EMPLOYEES OF STATE ENTERPRISES GIVING THEIR COMMENTS

Article 71. Matters subject to employees’ comments

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a) Formulation, revision and modification of internal rules, regulations and other documents of the enterprise relating to the obligations, legitimate rights and interests of each employee;

b) Formulation, revision and modification of the pay scale, table and labor norms;

c) Management of implementation of solutions for improvement of working condition, environmental protection, fire safety; corruption and misconduct prevention and control;

d) Draft internal processes and procedures relating to settlement of labor disputes, sanctions against breach of labor disciplines, physical responsibilities and other matters relating to rights and obligations of employees that the enterprise consult with;

dd) Draft regulations on implementation of democracy of the enterprise;

e) Other matters relating to rights and obligations of employees prescribed in law and regulations on implementation of democracy within the enterprise.

2. The matters that employees give their comments on at the request of the employee representation organization shall be comprised of the following:

a) Content and form of the collective bargaining agreement;

b) Content and form of the dialogue to be held at a state enterprise.

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Based on the characteristics, nature of activities and contents of the employee comment, employees at a state enterprise may give their comments through one or several of the following forms:

1. Directly or with the help of the head directly in charge of the unit or department of an enterprise, giving their comments or opinions;

2. Through the employee representation organization or group of representatives to the employee meeting;

3. Through the dialogue at the enterprise;

4. Giving their comments or opinions via the feedback mailbox, hotline, internal information system, web portal or website of the enterprise;

5. Others that are not in contravention of laws and are prescribed in regulations on implementation of democracy at the enterprise.

Article 73. Organizing workplace dialogues

1. State enterprises shall have a duty to organize an annual dialogue with their employees and employee representation organizations; hold dialogues at the request of one or the parties or in other cases as prescribed by law to share information, consult with, discuss and exchange opinions between the employing entity and the employees or the employee representation organization on issues related to the rights, interests and concerns of parties in the workplace in order to enhance understanding, cooperation, and joint efforts towards mutually beneficial solutions.

2. Organization of the dialogue at the workplace shall be subject to laws on labor and regulations on implementation of democracy at the enterprise.

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1. The leadership of a state enterprise shall be responsible for conducting an opinion poll to collect comments and opinions from employees on the matters specified in Article 71 of this Law; directing the receipt and consolidation of opinions and feedback from employees; studying, handling and responding to the opinions of participants, and announce explanations, clarifications or responses to employees.

2. The Executive Committee of the Trade Union and other employee representation organization (if any) of the enterprise shall cooperate in conducting an opinion poll; supervise the employee consultation process, the results of explanation and response to and implementation of the issues on which staff members comment; consult before the head of the workplace decides to impose regulations on implementation of democracy within the workplace.

3. Party, Trade Union members and employees within a state enterprise shall have the responsibility to play active roles in contributing and giving opinions or comments to enterprises in order to better ensure the rights and interests of employees; build a harmonious and stable labor relationship; and contribute to the sustainable development of enterprises; monitoring, evaluating and supervising the consolidation, explanation and acceptance of opinions on the matters that have been tabled for employee comments, and the process of implementation of decisions related to these matters.

Subsection 4. EMPLOYEES OF STATE ENTERPRISES GIVING THEIR COMMENTS

Article 75. Matters subject to inspection or supervision of employees

1. Employees of state enterprises may inspect the implementation of the matters that the collective of employees has discussed and decided as specified in Article 67 herein.

2. Employees may supervise the implementation of law on grassroots democracy by state enterprises, implementation of policies and laws by duly authorized representatives, the leadership, management and other persons having authority of enterprises.

Article 76. Form of inspection or supervision of employees

1. Employees shall directly conduct inspection and supervision through:

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b) observation of, insight about and conversation with persons holding office or powers and other employees within an enterprise;

c) access to disclosed information; information, reports of the enterprise or persons assigned to manage or implement the matters that staff members have discussed and decided;

d) participation in employee meetings, workplace dialogues or other gathering events at the workplace.

2. Employees shall carry out their inspection and supervision through the service of the People's Inspectorate of a state enterprise.

Article 77. Organization of People’s Inspectorates at state enterprises

1. The People’s Inspectorate of a state enterprise shall be composed of 03 – 09 members elected in the employee meeting at the recommendation of the Executive Committee of the Trade Union or other employee representation organization (if any) of the state enterprise.

If the state enterprise has particular characteristics or operates in a non-centralized manner, the employee meeting may decide on a greater number of members of the People's Inspectorate to ensure its effective operation.

2. Each member of the People’s Inspectorate must be a staff member of a state enterprise having good moral qualities, earning good credit in the state enterprise, having good health condition to fulfill his/her assigned tasks; having knowledge about policies, laws and voluntarily joining the People's Inspectorate; not at the same time holding office as the duly authorized representative, the member of the leadership, management or the chief accountant of the state enterprise.

3. Tenure of a People's Inspectorate shall be 02 years. During its tenure, if any position of member is vacant; or any member of the People’s Inspectorate fails to fulfill his/her assignments, no longer earns trust or applies for his/her resignation, the Executive Committee of the Trade Union, or the representation board of other employee representation organization (if any) of the state enterprise shall request the employee meeting to consider such resignation and elect another person as a substitute for the previous member.

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Article 78. Duties and powers of People’s Inspectorates at state enterprises

1. Inspect implementation of decisions collectively issued by employees; supervise the implementation of laws on implementation of democracy at the grassroots level at the state enterprise.

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

3. Request the duly authorized representative, leadership or management of the state enterprise to provide relevant information and documents to serve verification, inspection and supervision purposes.

4. Consider verifying specific cases at the request of employees of the state enterprise.

5. Appeal to the leadership or management of the state enterprise to deal with errors and defects discovered through the inspection and supervision process; ensure the lawful and legitimate rights and interests of employees; commend units and individuals delivering good performance. If a person is found to have committed any act of violation against laws, he/she shall recommend a competent agency or organization to examine and handle such case.

6. Accept complaints or petitions from employees relating to the scope of inspection and supervision of People's Inspectorates.

Article 79. Operation of People’s Inspectorates at state enterprises

1. Operation of a People’s Inspectorate at a state enterprise shall follow the direction and instruction from the Executive Committee of the Trade Union.

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3. The People’s Inspectorate shall be responsible for reporting on its performance to the Executive Committee of Trade Union and in the employee meeting of the enterprise.

Article 80. Handling of results of inspection and supervision of employees

1. Through direct inspection and supervision, employees can contribute their opinions to competent persons of state enterprises in order to promptly address issues or problems arising from organization and management; prevent acts of misconduct or offences against laws; ensure the legitimate rights and interests of employees, and contribute solutions to develop state enterprises.

2. When detecting acts and matters suspected of violation, employees shall reserve the right to lodge their claims or complaints according to the provisions of law, or report them to the duly authorized representative, the leadership or management of the state enterprise; their appeals, petitions or grievances to competent state authorities concerned, Trade Union, other employee representation organizations or collective organizations of the state enterprise of which they are members; or their appeals or motions to the People's Inspectorate for its review, examination, inspection or supervision falling within its remit.

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

Article 81. Responsibilities for guarantee for inspection or supervision of employees

1. The leadership of a state enterprise shall assume the following responsibilities:

a) Cooperate with the Executive Committee of the Trade Union of a state enterprise or the representation board of other employee representation organization (if any) of the state enterprise, based on the requirements, tasks, organizational and operational characteristics, nature, and actual condition of the state enterprise, on formulating and publishing regulations on the implementation of democracy to further specify the content and method of implementation of democracy at the state enterprise as a basis for employees’ inspection or supervision of such implementation of democracy. The governing scope of regulations on implementation of democracy at enterprises may be further expanded without any conflict with or restriction on the implementation of the matters already specified in this Law;

b) Create a mechanism to receive feedback, comments, motions, complaints or petitions from employees at the state enterprise; hold dialogues and explanatory meetings with employees in accordance with law;

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d) Create necessary and required conditions for the People's Inspectorate to perform its inspection and supervision duties in accordance with law by informing the People's Inspectorate of the major policies and laws related to organization and operation of enterprises; fully and promptly provide necessary information and documents at the request of the People's Inspectorate; promptly consider and handle recommendations of the People's Inspectorate, and notify the results thereof within 15 days from the date of receipt of these recommendations; notify the People's Inspectorate of the results of handling of petitions and complaints and the compliance with the law on implementation of democracy at the enterprise;

dd) Sanction persons who commit acts of obstructing employees to exercise their inspection or supervision rights, or persons who commit acts of taking their revenge on or victimizing complainants, appellants, petitioners, accusers or complainants; in accordance with laws; persons who commit acts of preventing operation of the People's Inspectorate, retaliating or victimizing members of the People's Inspectorate in accordance with law.

2. The Executive Committee of the Trade Union at the state enterprise shall assume the following responsibilities:

a) Recommend personnel to the employee meeting to be elected as a member of the People’s Inspectorate; recognize the results of election as a member of the People’s Inspectorate; propose the dismissal of a member of the People’s Inspectorate;

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

c) Consider and handle the recommendations of the People’s Inspectorate; monitor and encourage the settlement of the recommendations of the People’s Inspectorate to the duly authorized representative, leadership and management of the enterprise or the competent authority;

d) Encourage employees to advocate, coordinate and actively support the activities of the People's Inspectorate;

dd) Provide funding for activities of the People’s Inspectorate.

3. Employees shall be responsible for their appeals, petitions, denunciations or complaints; shall proactively and actively cooperate with the People's Inspectorate, responsible institutions, entities or persons on verifying, inspecting and supervising the issues involved in these appeals, petitions, denunciations or complaints.

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Section 2. IMPLEMENTATION OF DEMOCRACY AT NON-STATE ENTERPRISES OR OTHER ENTITIES HIRING AND EMPLOYING WORKERS UNDER EMPLOYMENT CONTRACTS

Article 82. Implementation of democracy at non-state enterprises or other entities hiring and employing workers under employment contracts

1. Implementation of democracy at non-state enterprises or other entities hiring and employing workers under employment contracts shall be subject to general regulations of Chapter I herein and other specific regulations on implementation of democracy at workplace as stated in law on labor and other relevant law.

2. Non-state enterprises or other entities hiring and employing workers under employment contracts may, depending on the organizational characteristics and nature, operation and actual organizational conditions, choose to apply regulations on implementation of democracy at state enterprises as specified in Section 1 of this Chapter at their workplaces; shall notify these regulations to be applied to their Trade Unions, and publish them for employees’ access.

3. During the period of formulation and issuance of regulations on implementation of democracy at non-state enterprises or other entities hiring and employing workers under employment contracts, they should extend the scope, content and form of implementation of democracy prescribed in laws without breach or restriction of rights to implement democracy of employees prescribed in this Law and other relevant laws.

Chapter V

IMPLEMENTATION OF LAWS ON IMPLEMENTATION OF GRASSROOTS DEMOCRACY

Article 83. Responsibilities of the Government, Ministries, ministry-level agencies, and Governmental bodies

1. The Government shall exercise the central State management over implementation of grassroots democracy and shall perform the following duties and powers:

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b) Implement measures to propagate, disseminate and provide education about laws, raise awareness of the rights and responsibilities of employees for implementation of democracy at the grassroots level;

c) Provide instructions for institutions, entities and citizens on implementation of laws on implementation of grassroots democracy;

d) Conduct the inspection and examination of implementation of laws; impose sanctions for offences against laws on implementation of grassroots democracy;

dd) Monitor, encourage and examine guarantee for implementation of grassroots democracy.

2. The Ministry of Home Affairs shall assume the following responsibilities:

a) Assist the Government in the state management of implementation of democracy in communes, wards and townships, state agencies and public non-business units;

b) Monitor, examine, consolidate, report to the Government and the Prime Minister on the results of implementation of grassroots democracy.

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the following responsibilities:

a) Assist the Government in state management of implementation of democracy at employing entities;

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4. The Ministry of Finance shall provide instructions about estimation, management, use and accounting of the budget for implementation of grassroots democracy, and provide funding for the Vietnamese Fatherland Front Committee and Vietnam General Confederation of Labor to provide financial support for the People's Inspectorates and the Community-based Investment Supervision Boards.

5. The Minister of National Defense and the Minister of Public Security shall consult the regulations laid down herein to regulate the implementation of democracy within agencies of the People’s Military and Public Security forces.

6. Ministries, Ministry-level agencies and Governmental bodies shall, within the scope of their assigned duties and delegated authority, have the following responsibilities to conduct implementation of laws on implementation of grassroots democracy.

Article 84. Responsibilities of other authorities within the state machinery

1. The National Assembly’s Standing Committee, the Supreme People's Court, Supreme People's Procuracy, the State Audit, agencies of the National Assembly, agencies under the National Assembly’s Standing Committee, the Office of the National Assembly, the Office of the President of Vietnam and the People's Councils at all levels shall be responsible for conducting the law on the implementation of democracy at the grassroots level.

2. The National Assembly’s Standing Committee shall, based on regulations of this Law, regulate the implementation of democracy within agencies of the National Assembly, agencies under the National Assembly's Standing Committee, agencies under People's Councils at all levels according to particular characteristics of organization and operation of these entities.

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

1. Implement laws on implementation of grassroots democracy locally.

2. Propose and seek the approval decision from the same-level People’s Councils of measures to guarantee implementation of grassroots democracy within their remit.

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

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

a) Decide measures to guarantee implementation of grassroots democracy within their remit;

b) Supervise local institutions, entities and persons on implementation of laws on implementation of grassroots democracy.

2. Commune-level People’s Committees shall:

a) Implement grassroots democracy locally;

b) Keep in close contact with the public and residential community of communes;

c) Promptly consider, handle and respond to complaints, denunciations or grievances of citizens, recommendations of the People’s Inspectorates of communes, wards, towns, community-based Investment Supervision Boards, Vietnam Fatherland Front Committees and other socio-political organizations of communes;

d) Promptly report to superior state authorities on issues not falling within their remit;

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3. At the localities without commune-level administrative units, district-level People’s Councils and People’s Committees shall perform duties as assigned to commune-level People's Councils or People's Committees as stated herein.

4. At the localities without commune-level People’s Councils, commune-level People’s Committees shall report to district-level People’s Committees on the results of implementation of grassroots democracy. People’s Councils of districts where commune-level People’s Councils are not established, or People's Councils of provinces where both commune-level People’s Councils and district-level People’s Councils are not established, shall perform the duties specified in clause 1 of this Article.

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

1. Take charge of encouraging the public to implement democracy at the grassroots level, local by-laws and rules of population community; organize contests or competitions relating to implementation of democracy at the grassroots level.

2. Participate in, support and guide the People through implementation of democracy at the grassroots level.

3. Receive and collect complaints, denunciations, reports, and petitions of the public on the implementation of democracy at the grassroots level for transfer to competent state agencies according to regulations; supervise the process of settling complaints, denunciations, reports and petitions of the public.

4. Conduct social supervision and review of implementation of regulatory policies and laws on implementation of grassroots democracy by institutions, agencies, staff members and employees.

5. Perform other duties and powers under this Law.

Article 88. Responsibilities of Vietnam’s Trade Unions at all levels

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2. Participate and assist in, and guide staff members and employees through implementation of grassroots democracy at employing institutions, units and entities.

3. Receive and collect complaints, denunciations, reports, petitions of staff members and employees on the implementation of democracy at the grassroots level for transfer to competent state agencies; monitor and supervise the process of settling complaints, denunciations, reports and petitions of staff members and employees.

4. Conduct social supervision and review of implementation of guidelines, views of the Party, regulatory policies and laws of the State directly relating to the legitimate rights and interests, as well as implementation of democracy at the grassroots level of trade union members.

5. Perform other duties and powers under this Law.

Article 89. Responsibilities of other socio-political organizations

1. Give their members and the public education about and raise their awareness of implementation of grassroots democracy.

2. Participate and cooperate with competent agencies in inspection, examination and supervision of implementation of grassroots democracy.

3. Conduct social supervision and review of implementation of guidelines, views of the Party, regulatory policies and laws of the State directly relating to the legitimate rights and interests, as well as implementation of democracy at the grassroots level of their members.

Chapter VI

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Article 90. Entry into force

1. This Law shall take effect as from July 1, 2023.

2. The Ordinance No. 34/2007/PL-UBTVQH11 dated April 20, 2007 of the National Assembly’s Standing Committee on implementation of democracy at communes, wards, towns and the Resolution No. 55/1998/NQ-UBTVQH10 dated August 30, 1998 of the National Assembly’s Standing Committee on issuance of regulations on implementation of democracy in operation of authorities shall be invalidated as from the entry into force of this Law.

Article 91. Application of laws and grandfather clauses

1. Where other laws preceding the effective date of this Law specify the content, form, time limit, processes and procedures for disclosure of information, public, staff or employee consultation in specific sectors, they shall govern.

2. Central agencies of political organizations or socio-political organizations shall, based on the principles specified herein, other relevant legal normative documents and their charters, impose regulations on implementation of democracy in their internal activities.

3. Local by-laws, conventions of population community, or other decisions of populations, that are recognized and passed before the effective date of this Law shall apply until they are modified, superseded or repealed as legally accepted./.

This Law is passed in the 4^th plenum of the XV^th National Assembly of the Socialist Republic of Vietnam on November 10, 2022.

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NATIONAL ASSEMBLY’S CHAIRMAN




Vuong Dinh Hue

Luật Thực hiện dân chủ ở cơ sở 2022