Measures for assurance of implementation of grassroots democracy in Vietnam

Measures for assurance of implementation of grassroots democracy in Vietnam (Internet image)

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

1. Measures for assurance of implementation of grassroots democracy in Vietnam

Measures for assurance of implementation of grassroots democracy in Vietnam according to Article 8 of the Law on implementation of grassroots-level democracy 2022 are as follows:

- Provide training to enhance professional skills and qualification for persons tasked with enforcing law on implementation of democracy at grassroots level.

- Strengthen the work of information, propaganda, dissemination and education of the law on the implementation of democracy at grassroots level; raise public awareness about ensuring the implementation of democracy at the grassroots level.

- Enhance the responsibilities of institutions and entities, the role as a man of exemplary character of officeholders, Party members, public officials, staff members, public employees and part-timers at communes, villages and residential quarters in the implementation of democracy at grassroots level, and the role in ensuring the implementation of democracy at the grassroots level; consider implementation of democracy at the grassroots level by communes, institutions and entities as an indicator used for assessment of performance.

- Give credit or awards to men of exemplary character or persons achieving much success in duly promoting and implementing the grassroots democracy; detect and strictly sanction institutions, entities or persons violating the law on implementation of democracy at grassroots level.

- Provide support or incentive for the application of information technology, science and technology advances, and the use of technical instrumentalities or equipment, and other necessary conditions for implementation of grassroots democracy in line with the progress in building e-government, digital government and digital society.

2. Prohibited acts during implementation of grassroots democracy in Vietnam

Prohibited acts during implementation of grassroots democracy in Vietnam according to Article 9 of the Law on implementation of grassroots-level democracy 2022 are as follows:

- Hinder, annoy or intimidate citizens with the aim of preventing them from exercising their right to implement the grassroots democracy.

- Perform the act of screening, hindrance or repression or negligence in handling petitions, complaints, grievances or denunciations; disclose information about whistleblowers or informants of offences related to the implementation of grassroots democracy.

- Exploit the implementation of grassroots democracy to commit an act of endangering national security, social order and safety, interests of the State, legitimate rights and interests of entities and persons.

- Exploit the implementation of grassroots democracy to commit an act of distortion, slander, provocation of conflicts, incitement to violence, regional or geographic, gender, religion or belief, race or ethnicity discrimination, or infliction of losses or damage to persons, institutions or entities.

- Forge documents, perform fraudulent acts or plots to falsify results of public consultation or comment.

3. Regulations on mposition of sanctions or penalties relating to implementation of grassroots democracy in Vietnam

Regulations on imposition of sanctions or penalties relating to implementation of grassroots democracy in Vietnam according to Article 10 of the Law on implementation of grassroots-level democracy 2022 are as follows:

- Persons committing offences against law relating to implementation of grassroots democracy shall, depending on the nature and seriousness of each offence, suffer corresponding sanctions or penalties or legal action taken in the form of criminal prosecution; in case where any loss or damage occurs from the predicate offence, compensation must be paid under law.

- Entities that violate the provisions of this Law and other provisions of law related to the implementation of democracy at the grassroots level shall, depending on the nature and seriousness of their violations, be administratively sanctioned; If they cause any loss or damage, they shall be liable for compensation defined by law.

- Any public official, staff member or employee who abuses his/her position or power to violate the provisions of this Law, act against the interests of the State, and the lawful rights and interests of entities or persons, shall, depending on the nature and seriousness of each offence, be subject to disciplinary action or criminal prosecution; in case of causing any loss or damage, they shall be liable for compensation paid under law.

- Imposing administrative penalties or disciplinary action for offences against law on implementation of grassroots democracy shall be as provided under the Government’s regulations.

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