Entitlements and obligations of citizens to implementation of grassroots democracy in Vietnam

Entitlements and obligations of citizens to implementation of grassroots democracy in Vietnam (Internet image)

1. What is implementing democracy at the grassroots level?

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.

In there:

- 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.

- 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).

- 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 2 of the Law on Implementation of Grassroots-level Democracy 2022)

2. Entitlements and obligations of citizens to implementation of grassroots democracy in Vietnam

2.1. Entitlements of citizens to implementation of grassroots democracy in Vietnam

- 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.

(Article 5 of the Law on Implementation of Grassroots-level Democracy 2022)

2.2. Obligations of citizens to implementation of grassroots democracy in Vietnam

- 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.

(Article 6 of the Law on Implementation of Grassroots-level Democracy 2022)

3. Ambit of the practice of grassroots democracy in Vietnam

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

- 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.

- 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 4 of the Law on Implementation of Grassroots-level Democracy 2022)

The Law on Implementation of Grassroots-level Democracy 2022 takes effect from July 1, 2023.

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