Vietnam: What are the matters available for public comment prior to the competent authority’s decision?
What are the matters available for public comment prior to the competent authority’s decision?
Pursuant to the provisions of Article 25 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
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.
2. Draft land use planning of districts and modification plans; management and use of reserved land assigned to the commune-level People's Committees for management purposes.
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.
Thus, the matters available for public comment prior to the competent authority’s decision are prescribed as above.
Vietnam: What are the matters available for public comment prior to the competent authority’s decision?
What are the forms of public comment in Vietnam?
Pursuant to the provisions of Article 26 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Form of public comment in Vietnam
1. Public comments shall be collected:
a) in a meeting or seminar between the commune-level People's Committee and the public;
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 form 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.
Thus, public comments shall be collected:
- in a meeting or seminar between the commune-level People's Committee and the public;
- in a meeting of the residential community;
- by using survey forms handed out to family households;
- through a feedback mailbox or hotline (if any);
- through the Committees on Fatherland Front Affairs of villages or residential quarters, and socio-political organizations at the grassroots level;
- on websites or web portals of commune-level local governments;
- 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;
What are the responsibilities of the Public to give comments on matters in communes, wards, towns?
Pursuant to the provisions of Article 29 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
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 for 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.
Thus, all citizens residing in the locality shall bear responsibility for 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.
The 2022 Law on Implementation of Grassroots-level Democracy in Vietnam takes effect from July 1, 2023.
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