Scope of content of residential community hyangyak and conventions in Vietnam

Scope of content of residential community hyangyak and conventions in Vietnam (Internet image)

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

1. What are residential community hyangyak and conventions?

Specifically, Article 2 of Decree 61/2023/ND-CP stipulates that hyangyak and conventionsare documents regulating social norms, including rules of conduct, discussed and decided by the residential 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.

2. Scope of content of residential community hyangyak and conventions in Vietnam

According to Article 5 of Decree 61/2023/ND-CP, depending on self-governance requirements, socio-economic situation, customs, and practices in each locality, ensuring selective inheritance of appropriate contents of existing hyangyak and conventions and purposes, 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 village conventions and conventions:

- 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- Good customs and practices and measures to limit and gradually eliminate outdated customs and practices and superstitions; preserve and promote the value of national cultural heritage; practice a civilized lifestyle in behavior,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; 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 conventions and conventions but do not replace measures prescribed by law.

- Other necessary contents are decided by the community.

3. Principles for building and implementing residential community hyangyak and conventions in Vietnam

Pursuant to Article 4 of Decree 61/2023/ND-CP, principles for building and implementing residential community hyangyak and conventions include:

- 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.

4. Form of residential community hyangyak and conventions

The form of residential community hyangyak and conventions is prescribed in Article 6 of Decree 61/2023/ND-CP as follows:

- hyangyak and conventionsare 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 (two) 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 conventions 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.

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

- The language in hyangyak and conventionsis Vietnamese.

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

Ho Quoc Tuan

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