What are the penalties imposed upon Vietnamese officials and public employees who intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy?
- What are the prohibited acts during implementation of grassroots democracy in Vietnam?
- What are the penalties imposed upon Vietnamese officials and public employees who intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy?
- What are the rights and obligations of citizens to implementation of grassroots democracy in Vietnam?
What are the prohibited acts during implementation of grassroots democracy in Vietnam?
Pursuant to the provisions of Article 9 of the Law on implementation of grassroots-level democracy 2022, the prohibited acts during implementation of grassroots democracy are as follows:
- Hinder, annoy or intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy.
- 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.
- 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.
- 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.
- Forge documents, perform fraudulent acts or plots to falsify results of public consultation or comment.
What are the penalties imposed upon Vietnamese officials and public employees who intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy?
What are the penalties imposed upon Vietnamese officials and public employees who intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy?
Pursuant to the provisions of Article 10 of the Law on implementation of grassroots-level democracy 2022, it is stipulated as follows:
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.
According to the above regulations, 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.
What are the rights and obligations of citizens to implementation of grassroots democracy in Vietnam?
Pursuant to the provisions of Article 5 and Article 6 of the Law on implementation of grassroots-level democracy 2022, the rights and obligations of citizens to implementation of grassroots democracy are as follows:
Entitlements of citizens to implementation of grassroots democracy
- Have access to disclosure and request provision of adequate, accurate and timely information in accordance with law.
- 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.
- Carry out inspection and supervision relating to; file petitions, complaints, grievances and lawsuits against decisions and offences against law on the implementation of grassroots democracy in accordance with law.
- 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.
Obligations of citizens to implementation of grassroots democracy
- Comply with laws regarding implementation of grassroots democracy.
- Contribute opinions about survey questions raised at the grassroots level in accordance with the provisions of this Law and other relevant laws.
- Abide by decisions of residential community, local authorities, agencies, units and employing entities.
- Promptly file complaints, petitions and grievances to competent authorities when detecting any violation against law on implementation of democracy at the grassroots level.
- Respect and protect social order, safety, and national interests, legitimate rights and interests of natural or legal persons.
LawNet