Hanoi-Vietnam: 09 matters available for public comment at the commune level

To be specific, 09 matters available for public comment prior to the competent authority’s decision include:

1. Draft plans for socio-economic development at the commune level; proposals for the transformation of economic and production structures; proposals for settled farming and settlement, new economic zones, and industry development at the commune level.

2. Draft district-level land use plans and adjustment proposals; management and use of land funds allocated to commune-level People's Committees.

3. Investment policies, construction, land, waste treatment, and environmental protection; compensation, site clearance, and resettlement planning for public investment decisions on national important projects, group A projects, projects with large-scale resettlement, projects at risk of adversely affecting the environment, projects directly impacting the socio-economic life of the community where the project is implemented.

4. Draft proposals to establish, dissolve, merge, divide, adjust administrative boundaries, and name or rename administrative units; draft plans to establish, dissolve, merge, divide, name, or rename hamlets/villages and residential clusters.

5. Draft administrative decisions by commune-level People's Committees related to community benefits, including decisions to issue or approve programs, plans, projects, and proposals with environmental, health, societal order, and safety impacts, and other issues affecting the community.

6. Draft tasks and master plans for construction, draft tasks and plans for sub-zoning, detailed construction planning, and general construction planning of communes; construction planning of rural residential points.

7. Draft regulations on the implementation of democracy in communes, wards, commune-level towns; draft regulations on the implementation of democracy in specific areas and activities in communes, wards, commune-level towns (if any).

8. Draft administrative decisions that establish obligations or terminate, limit the rights, and benefits of the subjects of execution within the commune.

9. Other matters as prescribed by law, regulations on the implementation of democracy in communes, wards, commune-level towns, or as required by authorized state agencies or commune authorities.

Form of public comment

Public comments shall be collected:

a) In conferences for exchange and dialogue between commune-level People's Committees and the People;

b) In community meetings;

c) By distributing opinion polls to households;

d) By utilizing suggestion boxes, hotlines (if any);

dd) Through village/commune-level townfront work committees and local socio-political organizations;

e) Through electronic portals, websites of commune-level local governments;

g) Through telecommunications networks, legally operating social networks, ensuring suitability with the information technology application level at the commune/town;

h) By organizing dialogues, and collecting opinions from citizens who are subjects of execution regarding content specified in item (8) above.

Depending on the content, nature, and requirements of collecting People's opinions, as well as the local practical capabilities and conditions, and in accordance with regulations on the implementation of democracy in communes, wards, commune-level towns, the commune-level People's Committees decide to select one or more of the forms stipulated above to organize the collection of People's opinions.

If the law prescribes the application of specific methods and forms of organizing to collect People's opinions on certain content, the collection of opinions, aggregation, explanation, and acceptance of People's opinions shall be conducted according to those regulations.

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:

Before issuing administrative decisions that establish obligations or terminate, limit the rights, and benefits of citizens who are subjects of execution, except for administrative decisions containing state secrets and administrative penalty decisions as prescribed by law, the commune-level People's Committees are responsible for informing and creating conditions for citizens who are subjects of execution to know and express their opinions if they so request. Citizens who are subjects of execution may express their opinions themselves or authorize a representative to present their views.

If the administrative decision applies to multiple subjects or when deemed necessary, the commune-level People's Committees may organize meetings to dialogue and directly collect the opinions of citizens who are subjects of execution. The participants in the meetings include representatives from the commune-level People's Committee leadership, commune-level Vietnam Fatherland Front Committee, commune-level People's Inspection Committee, and citizens who are subjects of execution of the administrative decision.

The opinions of the citizens who are subjects of execution, and comments from related agencies, organizations, and individuals must be fully compiled; explanations and reception of the execution subjects' opinions are to be sent to related agencies, organizations, and individuals, and attached to the proposal file for signing and issuing administrative decisions. The authorized person is responsible for issuing and being accountable for their administrative decisions.

Responsibilities for conduct of public comment on matters in communes, wards, commune-level towns

Communist Party members, officials, and public employees, as well as all citizens residing in the locality, are responsible for actively contributing opinions on matters directly related to the community's life as a basis for authorized agencies to consider and decide on important local and national issues.

Individuals and households are responsible for participating or appointing household representatives to attend meetings, and discussions, and express opinions on content as requested by the competent level.

Citizens monitor, evaluate, and supervise the aggregation, explanation, and acceptance of People's opinions in the locality regarding matters that have been put forward for opinion collection and the implementation process of decisions by authorized agencies on these matters.

According to the Portal Web of the Government of Vietnam

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