Matters available for public consultation at commune level under the new regulations in Vietnam

Matters available for public consultation at commune level under the new regulations in Vietnam (Internet image) 

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

1. Matters available for public consultation at commune level under the new regulations in Vietnam

According to Article 15 of the Law on Implementation of Grassroots-level Democracy 2022, the contents discussed and decided by the people at the commune level include:

- Undertakings or policies and rates of full or partial public contribution of money, property and labor to construction of infrastructure or public works falling within communes, villages or residential quarters.

- Collection, use and management of public contributions at residential community other than those prescribed by law; collection, use and management of funds and assets that residential community holds in trust or are derived from other lawful sources of revenue, financing, aid or grant.

- Content of local by-laws.

- Election or discharge from office of heads of villages or residential quarters.

- Election or discharge from office of members of the People’s Inspectorates or the Public Investment Supervision Committees.

- Other practice of self-management within residential community. The public can discuss and decide such work on condition that such practice is not in contravention of laws, is conformable to traditional values, customs and social ethics.

2. Form or methodology of public consultation in Vietnam

- In light of the proposed matter, the President of the commune-level People’s Committee, the Head of a village or residential quarter shall take charge of getting population living in that village or residential quarter involved in the public consultation process in the following forms:

+ holding meetings between residents in the community;

+ survey forms handed out to family households;

+ online voting. This form may be chosen provided that the level of proficiency in information technology application permits, and residential community agrees to it.

- Public consultation regarding the matters specified in clause 3, 4 and 5 of Article 15 of the Law on Implementation of Grassroots-level Democracy 2022 shall take place in a meeting between residents in the community, unless otherwise prescribed in point b of clause 1 of Article 19 of the Law on Implementation of Grassroots-level Democracy 2022.

Handing out survey forms to family households may be selected in the case specified in clause 1 of Article 19 of the Law on Implementation of Grassroots-level Democracy 2022.

The method of online voting may be applied only if residential community is able to make their own decision on the work defined in clause 6 of Article 15 herein, and the head of a village or residential quarter agrees with the Committee on Fatherland Front Affairs at the village or residential quarter that it is not necessary to hold a meeting between residents in the community or hand out survey forms to family households.

- If there is any other regulatory provision regarding conduct of public consultation, such regulatory provisions shall govern.

(Article 17 of the Law on Implementation of Grassroots-level Democracy 2022)

3. Proposal of matters for public consultation in Vietnam

According to Article 16 of the Law on Implementation of Grassroots-level Democracy 2022, proposal of matters for public consultation is as follows:

- For any matter to be implemented within a commune, the President of the commune-level People's Committee shall, after reaching agreement with the Chairperson of the same-level Vietnam Fatherland Front Committee, decide the content thereof made available for public consultation; choose the form of public consultation; direct or instruct the heads of villages and residential quarters to undertake the public consultation process.

- For any matter to be implemented within a village or residential quarter, the head of the village or residential quarter shall, after reaching agreement with the Head of the Committee on Fatherland Front Affairs at the village or residential quarter, make the proposal of that matter for public consultation purposes.

- If any citizen residing in a village or residential quarter gives his/her idea regarding proposal of the matters specified in Article 15 herein available for public consultation, and if such idea obtains consent from at least 10% of family households residing at the village or residential quarter, such proposal shall be submitted to the head of the village or the residential quarter in order for these matters to be available for the residential community’s public consultation that are required not to be in contravention of laws, and to be conformable to traditional customs, values and social ethics.

If such idea fails to obtain consent from at least 10% of family households in a village or residential quarter, upon realizing that it may be beneficial to residential community, and may be approved by the Committee on Fatherland Front Affairs of a village or residential quarter, the head of that village or residential quarter shall make these matters available for public consultation.

Unanimous opinions of family households may be collected directly in the meeting between residents in the community, by documentary evidence of these unanimous opinions from representatives of these family households or in other form of opinion contribution that is chosen according to the actual condition in the community.

Citizens expressing their ideas shall be legally responsible for accuracy of the number and list of consenting families. The consensus of opinion about a citizen’s idea shall be valid during the 3-month duration as from the date on which such consensus is achieved.

Nguyen Ngoc Que Anh

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