Sharing vision - Bringing Empowerment

Law on the Implementation of Democracy at Grassroots Level No. 10/2022/QH15

  • Perform: Le Hoa (Translator: Linh Chi)
  • 10/01/2023

This Law was passed by the XV National Assembly on November 10, 2022. The Law consists of 6 chapters with 91 articles. Here are some notable ones:

According to the Law on the implementation of democracy at the grassroots (hereinafter referred to as the Law), “grassroots” means communes, wards and townships (hereinafter referred to as commune level) and the population community in the commune area; state agencies, public non-business units (hereinafter referred to as agencies and units); employing organizations.

* Regarding the scope of implementation of grassroots democracy, the Law provides as follows:

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

- Citizens are cadres, civil servants, public employees and employees who exercise democracy at the agency or unit where they work; citizens are labourers who exercise democracy at the employers' organizations where they have entered into labour contracts. ;...

i) Concerning the implementation of democracy in communes, wards and townships (hereinafter referred to as commune level), the Law prescribes several outstanding contents, including:

Regulations on 14 groups of contents that the commune government must make public, such as the annual socio-economic development plan of the commune level and the results of its implementation; Data, reports explaining the state budget estimate, financial activity plan of the commune to submit to the People's Council of the commune; Investment projects and works in communes and implementation progress; plan on land recovery, compensation, support and resettlement upon land recovery; contributions mobilized from the People; Results of inspection, examination and settlement of corruption, negative, and disciplinary violations against cadres, civil servants and part-time workers at the commune, village, and residential groups;

The above publicity contents are carried out in the following forms: Posting information; Broadcasting on the radio system of the commune (if any); Through the head of the village, the leader of the residential group to notify the citizens;...

In particular, the Law clearly stipulates the following main contents under the right of the people to discuss and decide at communes and wards:

- Policy and level of contribution to the construction of infrastructure and public works within the commune-level area, in villages, and residential quarters, all or part of which is contributed by the People's budget, property, and public strength.

- The collection, expenditure and management of contributions of the People in the residential community in addition to the amounts prescribed by law; ....

- Contents of conventions and conventions of the residential community.

- Electing and dismissing as village head and population group leader; members of the People's Inspection Committee, the Community's Investment Supervision Board;...

Most of the contents of the above decisions are approved when two-thirds of the total number of household representatives in the village or residential group agree.

In addition, the Law on Implementation of grassroots democracy also provides for forms of monitoring of citizens at the facility, through direct mechanisms (through labor, production, learning, work, and livelihood of citizens in the community, etc.) or through organizations such as the Commune-level Fatherland Front, People's Inspection Boards, Commune-level Supervision cancer

ii) Regarding the implementation of democracy in agencies, units and organizations that employ employees:

The law stipulates that state-owned enterprises must disclose the following contents:

- The production and business situation or the operation of the enterprise as prescribed by law (except for information classified as state secret, business secret or information that has not been made public as prescribed).

- Labor regulations, wage scale, wage table, labor norms, internal rules, regulations and other regulations of the enterprise related to the rights, interests and obligations of employees;

- Collective bargaining agreement  that enterprises have signed and participated in;

- The setting up and use of bonus funds, welfare funds and funds contributed by employees (if any); the deduction and payment of trade union fees, payment of social insurance, health insurance and unemployment insurance;

- Regulations on implementing democracy of enterprises, etc

Forms of information disclosure include: Posting of information; Announcement at the conference of employees; Notify in writing to all employees; through the internal information system or posted on the web portal, website of the enterprise; etc

The law also clearly stipulates what employees in the enterprise discuss and decide, including:

- The content of collective bargaining has been reached in accordance with the provisions of law.

- The establishment of various funds and the collection, expenditure, management and use of amounts from income and contributions of employees.

- The election and dismissal of members of the People's Inspection Committee.

- The content of the resolution of the employee's conference and other self-governing contents within the state-owned enterprise must not be contrary to the provisions of law, and in accordance with social ethics.

Employees directly carry out inspection and supervision at state-owned enterprises through the following main forms:

- Labor, production and daily life activities of employees in the enterprise;

- Access to publicly available information; Attend employee conferences, dialogue conferences at the workplace;

- Approving the activities of the People's Inspection Committee at enterprises; etc

In addition, the Law also stipulates that the implementation of democracy in enterprises and other organizations that hire or use laborers under labor contracts in the non-state sector must comply with the general provisions of this Law. Chapter I) and specific regulations on the implementation of democracy in the workplace according to the labor law and other relevant laws.

Law on implementing grassroots democracy No. 10/2022/QH 15 takes effect from July 1, 2023.

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