Conditions for recognition of hyangyak and conventions in residential communities in Vietnam

Conditions for recognition of hyangyak and conventions in residential communities in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are hyangyak and conventions?

Hyangyak and conventions are documents regulating social norms, including rules of conduct discussed and decided by the community; not contrary to law and social ethics; to regulate the self-governing social relations of the residential community and be recognized by the commune-level People's Committee.

(Article 2 of Decree 61/2023/ND-CP)

2. Conditions for recognition of hyangyak and conventions in residential communities in Vietnam

According to Clause 2, Article 11 of Decree 61/2023/ND-CP, hyangyak and conventions are recognized when the following conditions are met:

2.1 Appropriate scope of content and form

* Scope of content of local hyangyak and conventions:

Depending on self-governance requirements, socio-economic situation, customs, and practices in each locality, and ensuring selective inheritance of appropriate contents of existing village hyangyak and conventions and the purposes and principles specified in Articles 3 and 4 of Decree 61/2023/ND-CP, the residential community chooses one or several of the following contents to include in the scope of the village convention and convention:

- Appropriate measures and methods to help people in the area participate in state management and social management, ensuring and promoting the freedom and democracy of the community; encourage and create conditions for the community to properly exercise the rights and obligations of citizens.

- Good customs and practices and measures to limit and gradually eliminate outdated customs and practices and superstitions; preserve and promote the value of national cultural heritage; practice a civilized lifestyle in behavior, communication, eating, staying, traveling, weddings, funerals, and festivals; Prevent and combat domestic violence, build family happiness, and develop healthy cultural activities.

- Measures that contribute to protecting the assets of the State, the community, and citizens; protecting the ecological environment; ensuring security, order, prevention, and combating social evils in the area; Build and promote village love, neighborliness, solidarity, mutual love, mutual support, and assistance in the community; hunger eradication; poverty reduction; economic development; and improving living standards. Encourage learning, encourage talent, and promote a lifelong learning movement. Promote career guidance, vocational training, and industrial and agricultural promotion in the locality.

- Appropriate reward and punishment measures to ensure implementation of local hyangyak and conventions but do not replace measures prescribed by law.

- Other necessary contents are decided by the community.

* Form of hyangyak and conventions:

- Village hyangyak and conventions are expressed in written form, signed and certified by the Village Head (Head of the residential group), head of the Front Work Committee in the residential community, and 02 representatives of households in the residential community; Encourage representatives to be village elders, village heads, and reputable people in the community. After being recognized, local hyangyak and conventions are stamped with the seal of the commune-level People's Committee.

- The choice of the name "Hyangyak" or "Convention" is decided and agreed upon by the residential community.

- hyangyak and conventions can be divided into prefaces, chapters, sections, articles, clauses, points, or other structures appropriate to the content; Presented concisely, clearly, specifically, easy to understand, easy to remember, and easy to implement.

- The language in hyangyak and conventions is Vietnamese.

- In case a community has many ethnic groups in Vietnam living together and using many different languages, the translation of village hyangyak and conventions from Vietnamese into the languages of one, several, or all of those ethnic groups is decided by the community when drafting, consulting, and ratifying according to the provisions of Articles 8 and 9. and 10 Decree 61/2023/ND-CP.

2.2 Comply with principles, orders and procedures

* Principles for building and implementing hyangyak and conventions

- In accordance with the Party's policies and guidelines and the State's policies and laws; Do not re-regulate the contents already stipulated in legal documents.

- Derived from the people's need for self-governance, on the basis of voluntariness, agreement, consensus, openness, and transparency in the community; fully promote the people's right to mastery and their responsibility to the community.

- Respect the autonomy, cultural diversity, and freedom of belief and religion of the community.

- In accordance with social ethics and good customs and practices; protect, preserve, and promote traditional cultural values; and build new cultural values and rules of civilized behavior suitable to the characteristics of the community.

* Proposing the content of local hyangyak and conventions

Proposing the content of local hyangyak and conventions is done in one of the following forms:

(i) In case the Village Head or Residential Group Leader proposes basic content expected to be stipulated in village regulations or conventions, it must be agreed with the Head of the Front Work Committee in the community before being brought to the community for discussion and decision.

(ii) In case citizens residing in a residential community propose basic content expected to be stipulated in village regulations or conventions, they must request the Village Head or the Head of the Residential Group to coordinate with the Head of the Front Work Committee in the residential community to collect opinions in one of the following forms:

- Distribute opinion polls from households in residential communities according to the provisions of Clauses 2 and 3, Article 19 of the Law on Implementing Democracy at the Grassroots;

- Collect consensus opinions directly at community meetings according to the provisions of Article 18 of the Law on Implementing Democracy at the Grassroots;

- Online voting or other forms suitable to the level of information technology application and unanimously chosen by the community.

(iii) In case a citizen's proposal specified in clause (ii) is approved by 10% or more of the total number of households in the community, the village head or residential group leader brings the matter to the community to discuss and decide.

In case the citizen's proposal specified in clause (ii) has not reached 10% of the total number of households in the community in agreement but considering that it can bring benefits to the community and is approved by the Front Working Committee in the community, the Village Head or the Head of the Residential Group will bring it to the community to discuss and decide.

* Drafting the content of hyangyak and conventions

The drafting of hyangyak and conventions after proposing content is carried out as follows:

- The village head or residential group leader presides and coordinates with the Head of the Front Work Committee in the residential community to select participants and establish a team to draft village rules and regulations.

- The drafting team for hyangyak and conventions includes members who are representatives of socio-political organizations, socio-professional organizations, and reputable people in the community and among people with good moral qualities, life experience, and understanding of local laws, culture, customs, and practices. For ethnic minority communities, the Drafting Team must have members who are village elders, village chiefs, and people who know the ethnic language.

- Under the direction of the village head or neighborhood group leader, the Drafting Team is responsible for organizing the drafting of hyangyak and conventions according to the provisions of Articles 3, 4, 5 and 6 and collect opinions, approve, and prepare documents to recognize hyangyak and conventions according to the provisions of Articles 9, 10 and 11 of Decree 61/2023/ND-CP.

* Get opinions on draft hyangyak and conventions

- Before being discussed and voted on by the community, draft hyangyak and conventions must be publicly posted at the community's cultural house - sports area, public bulletin board, community meeting places, or other locations to ensure convenience for households and citizens residing in the community to access, learn, and give comments.

The listing period is decided by the community but must not be less than 30 days from the date of listing.

- The village head or the head of the residential group organizes to collect opinions from households and citizens residing in the community on the draft hyangyak and conventions in one or several of the following forms:

+ Copy and send draft hyangyak and conventions to each household;

+ Through telecommunications networks, social networks operating legally in accordance with the law have been unanimously selected by the community, ensuring compatibility with the level of information technology application in the community;

+ Open the mailbox to receive comments and suggestions;

+ Collect opinions during meetings, conferences of residential communities, activities of political organizations, socio-political organizations, and other organizations and unions in residential communities or other appropriate forms .

The choice of form of opinion gathering is presided over by the Village Head or the Head of the Residential Group, in coordination with the Head of the Front Work Committee in the residential community, and is decided and implemented in accordance with the actual conditions in the residential community. populate.

- In case of necessity, the Village Head or Residential Group Leader can get written opinions from relevant agencies and organizations.

- The drafting team of hyangyak and conventions is responsible for synthesizing and completing draft hyangyak and conventions based on the opinions of households and resident citizens in relevant communities, agencies, and organizations.

* Through hyangyak and conventions

Hyangyak and conventions are adopted when more than 50% of the total number of household representatives in the community agree and are implemented in one of the following forms:

- Approved at the community meeting according to the following regulations:

+ There must be representatives of more than 50% of the total number of households in the community attending the meeting;

+ The order and procedures for organizing meetings comply with the provisions of Article 18 of the Law on Implementation of Grassroots-level Democracy.

- Approved by distributing opinion ballots to each household in the community according to the following regulations:

+ Only collect opinions after the meeting of the residential community cannot be carried out due to not reaching the ratio due to not having representatives of more than 50% of the total number of households in the residential community attending the meeting;

+ The results of the consultation must be made public after being summarized in an appropriate form chosen by the Village Head or Residential Group Leader;

+ The order and procedures for collecting opinions comply with the provisions of Article 19 of the Law on Implementation of Grassroots-level Democracy.

Nguyen Ngoc Que Anh

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