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THE MINISTRY OF JUSTICE
THE MINISTRY OF CULTURE AND INFORMATION
THE CENTRAL COMMITTEE OF THE VIETNAM FATHERLAND FRONT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No. 03/2000/TTLT/BTP-BVHTT-BTTUBTWMTTQVN
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Hanoi, March 31, 2000
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JOINT CIRCULAR
GUIDING THE COMPILATION AND
IMPLEMENTATION OF RURAL CONVENTIONS AND RULES OF VILLAGES, HAMLETS AND
POPULATION CLUSTERS
On November 5, 1998, the Government promulgated Decree
No.29/1998/ND-CP on the issuance of the Regulations on the Exercise of
Democracy in Communes. On June 19, 1998, the Prime Minister issued Directive
No.24/1998/CT-TTg on the compilation and implementation of rural conventions
and rules of villages, hamlets and population clusters. The implementation of the
above-said Decree and Directive, the compilation and implementation of rural
conventions and rules (hereafter collectively called rural conventions) at the
grassroots has been rectified by one step compared with the past. Most of the
new rural conventions have a content suited to the current provisions of law,
helping to develop the fine customs and habits, highlighting the ethical norms
and traditional virtues of the nation and actively helping the management of
the State by law at the grassroots. With the close and timely guidance by
competent agencies in the localities, the drafting and carrying out of rural
conventions has become an act of self-management of the population community in
varied and lively forms.
However, in spite of very important initial results after
more than a year of implementation of Decree No.29/1998/ND-CP and Directive No.
24/1998/CT-TTg, in a number of localities the compilation and implementation of
the rural conventions still show many limitations and shortcomings; the guidance,
activation and supervision are not yet homogenous or unified; the contents of a
number of rural conventions lack in concretization, a number of rules violate
the law; the compilation and adoption of rural conventions are not yet really
democratic, and the ratification of the conventions is not done by the right
competence and there is still no unity in the modalities and procedures.
To overcome these limitations and shortcomings, and to
continue stepping up the compilation and implementation of rural conventions at
the grassroots, the Ministry of Justice, the Ministry of Culture and
Information and the Central Committee of the Vietnam Fatherland Front jointly
give the following guidance for a number of questions in the compilation and
implementation of the rural conventions:
I. ON THE CONTENTS AND FORMS OF EXPRESSION OF THE RURAL
CONVENTIONS
1. Contents of the rural conventions:
The rural convention is a document of social norms defining
the rules of common behavior set out in common agreement by a community of the
population to regulate the social relations of a self-management character of
the people aimed at preserving and developing the fine customs and habits and
the cultural traditions in a village, hamlet or a population cluster,
contributing to actively aiding the management of the State by law.
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a/ To set forth appropriate measures and modalities to help
the population in the area take part in the management of the State, management
of society, to ensure and bring into play the rights to freedom and democracy
of the people, to encourage and create conditions for the population to carry
out well the rights and obligations of citizens;
b/ To ensure the safeguard and development of the fine
traditions and customs, to observe a civilized lifestyle in social behavior and
contact, in eating, living and movement, to abolish harmful habits, to develop
healthy cultural activities, to build and develop mutual love among the
villagers, to foster unity and mutual assistance among them, to carry out well
the social policies of the Party and the State;
c/ To work out measures to help protect the State property,
public property and the property of citizens, to protect the living
environment, to protect the forests, sea, rivers, lakes and places of scenic
beauty, temples and pagodas, water sources, dykes, dams, canals, embankments,
electric cables; to build and develop village roads and paths, to plant trees;
d/ To set forth measures to protect the fine customs and
habits, to abolish harmful customs, social evils and superstitions in weddings,
funerals, festivals and worship in the locality; to encourage healthy and
inexpensive rituals, to limit wasteful and costly eating and drinking;
e/ To contribute to building a civilized lifestyle, cultured
families, cultured villages, hamlets and population clusters, to create new
ethical norms in the family and in the community; to encourage everybody to
assist others in difficult times, accidents and illness; to campaign for the
implementation of the population and family planning policy, to build families
along the criteria of cultured families;
f/ To build the solidarity, mutual love and assistance in
the community, to campaign among the members of the families, great families
and in the villages to unite to eradicate famine and alleviate poverty, develop
production, improve the living standard, to encourage study and job learning in
the locality; to campaign among the members of the community to join the cooperative
groups and cooperatives, aimed at developing production. To encourage the
multiplication of craft villages; to contribute to the building of the
infrastructure and public utility works: electricity, roads, schools, medical
stations, cemeteries, culture and sport establishments in the locality. To set
up various funds, make collections and expenditures within the framework of law
and suited to the capacity of contribution of the people;
g/ To work out concrete measures to defend order and
security in the locality aimed at contributing to the fight against social
evils like drug abuse, gambling, drunkenness, burglary and theft, prostitution
and other law-breaking acts in order to build a healthy locality. To arouse
among the people the sense of caution against mischief and protecting secrets,
to scrupulously carry out the legislation on temporary residence and temporary
absence, to take part in the management and education of and assistance to the
wrongdoers in the population community. To set forth necessary measures to help
the competent agencies to detect and handle violations of law in the locality,
to ensure the implementation of provisions of law regarding self-management at
the grassroots such as the organization and activities of the Reconciliation
Group, the Security Board, the Production Defense Group, the Construction Board
and other self-management organizations;
h/ To set forth suitable measures of reward and sanction to
ensure the observance of the rural convention:
The rural convention shall stipulate the forms and measures
of reward for the individuals and families with good records in building and
carrying out the rural convention such as: to set up a golden book of tradition
exemplifying good persons and good deeds, recording the services and
achievements of collectives and individuals; to consider and recognize the
cultured families and other forms of commendation to be agreed upon by the
community or proposed to the different echelons of the administration for
reward according to the common prescriptions of the State.
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The rural convention may set forth measures aimed at
contributing to the education of law transgressors: subject to education at the
commune, ward or township, or education, persuasion and assistance to the
offenders so that after release from prison they may become honest people
useful to society.
The acts of law transgression must be handled by the
competent agencies according to provisions of law. The use of measures of
handling the violations against the rural convention shall not replace the
handling measures prescribed by law.
2. Forms of expression of the rural convention:
a/ About the appellation: it may be called by the general
appellation of rural convention or rule (in the villages, hamlets and
population clusters).
b/ About the structure and contents: The rural convention
may have a foreword recording the cultural tradition of each village, hamlet or
population cluster together with the objective of the compilation of the rural
convention.
The content of the rural convention shall be divided into
chapters, sections, articles, clauses and points. The specific stipulations in
the rural convention need to determine clearly the rights and obligations of
each member in the community. The measures of reward and sanction may be
stipulated right in the specific articles and clauses.
The stipulations in the rural convention must be short,
concise, practical and easy to understand, to memorize and to execute.
Depending on the characteristics and requirements of self
management of each locality, the rural convention may stipulate all or only a
number of points in the contents stipulated at Point 1, Part I above.
II. PROCEDURES OF COMPILING, ADOPTING, RATIFYING AND
ORGANIZING THE IMPLEMENTATION, AMENDMENT AND SUPPLEMENT TO THE RURAL CONVENTION
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Step 1. Setting up the compilation group and organizing the
compilation of the rural convention:
The head of the hamlet, village or population cluster
(hereafter called collectively head of hamlet) shall preside over and together
with the secretary of the Party cell and the head of the Front Work Committee
agree on the basic contents of the convention, at the same time designate the members
of the compilation group. These members are persons with relative prestige and
experience in life, a certain educational level and a knowledge of law and
customs and habits in the locality, and a good ethical record. The compilation
group must have the participation of the representatives of a number of
agencies and organizations and the representatives of various sections of the
population community, such as the retired public employees, war veterans,
dignitaries of different religions, village elders, chiefs of clans and chiefs
of family lines and others with relatively high prestige and cultural level in
the community.
The head of hamlet shall assume the prime responsibility and
coordinate with the Front Work Committee under the leadership of the Party cell
at the grassroots in directing the Compilation Group in the compilation of the
rural convention.
The drafting of the rural convention needs to concentrate on
the questions mentioned at Point 1, Part 1 of this Circular. At the same time,
it is necessary to refer to the contents of the old conventions (if any) as
well as the conventions of other localities in order to select and inherit the
positive and appropriate contents which have become the fine customs and
habits. Where the customs and habits of minority peoples are embodied in the
customary laws, a selection shall be made of the contents of these laws and
integrated into the rural convention if they conform with law and the fine
customs and habits.
Step 2. Soliciting the opinions of the agencies,
organizations and people in the drafting of the rural convention:
The draft rural convention shall be sent to the
administration agency, the Party committee, the leadership of various political
and social organizations at the commune level, and also to each family to
solicit their opinions if conditions permit.
Discussions of the opinions contributed to the rural
convention aimed at perfecting the draft may be organized in different suitable
ways such as at the production groups and teams, population groups in the
streets and alleys, or groups of families, or social organizations at the
hamlet and population cluster, or through the posting up of notice, or
broadcasting over the local public address system or installation of
letter-boxes to collect the opinions.
The draft rural convention may also be discussed by the
commune Peoples Council or Peoples Committee but it must not be adopted like
a resolution of the Council or a decision of the commune Peoples Committee.
Step 3. Debating and adopting the rural convention:
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The draft convention must be carefully debated in a really
democratic manner and adopted at the conference of voters or conference of
representatives of families at the village, hamlet or population cluster. The
representatives of the families must be heads of the households or persons with
capacity of civil acts delegated by them. The conference shall be held only
when at least two thirds of the total number of voters or representatives of
households are present. The convention shall be adopted when it is approved by
at least more than half of the participants. The hamlet head shall coordinate
with the Front Work Committee in presiding over the conference. The conference
shall adopt the draft rural convention either by show of hands or secret
ballot.
Step 4. Adopting the rural convention:
After the rural convention is adopted, the president of the
commune Peoples Committee together with the Chairman of the commune Fatherland
Front Committee of the commune shall examine the contents of the rural
convention to ensure that it conforms with law and the fine customs and habits.
He/she shall agree with the President of the commune Peoples Council on the
contents of the rural convention before submitting it to the President of the
district Peoples Committee for approval.
The official rural convention submitted for approval must
bear the signatures of the hamlet chief, the secretary of the Party cell, the
head of the Front work group and the village elder (if any) attached to the
minutes adopted at the Conference.
The rural convention sent to the district Peoples Committee
for approval must be attached with a written proposal of the commune Peoples
Committee.
The President of the district Peoples Committee shall
consider and approve the convention within 30 days after reception of the
convention and the official dispatch proposing the approval.
The President of the district Peoples Committee shall issue
the decision of approval of the rural convention. The approved rural convention
must be stamped overleaf.
In case of non-approval of the rural convention, the Justice
Section shall assume the main responsibility and coordinate with the Culture
and Information Section in guiding the grassroots to amend and complete the
rural convention for re-submission.
2. Organization of implementation, amendment and supplement
to the rural convention.
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The commune Peoples Committee shall coordinate with the
Fatherland Front and the socio-political organizations and social organizations
at the grassroots in directing and supervising the strict implementation of the
contents of the rural convention; inspect, detect and make timely
rectifications of wrongdoings, deviations and negative acts in the
implementation of the rural convention, and periodically report to the higher
Peoples Committee and Peoples Council of the same level on the implementation
of the rural convention in the locality.
Yearly, it is necessary to review the implementation of the
rural convention. In case of necessity to amend or supplement the rural
convention, the matter shall be brought to the conference of voters or
conference of representatives of family households for discussion. The
amendment and supplement to the rural convention must also follow the order and
procedures as in the compilation of a new rural convention. It is absolutely
forbidden to freely amend or supplement the rural convention after it has been
approved.
III RESPONSIBILITY OF HELPING THE PEOPLES COMMITTEES AT
DIFFERENT LEVELS TO MANAGE THE COMPILATION AND IMPLEMENTATION OF THE RURAL
CONVENTION
1. At the provincial level: The Justice Service shall assume the prime
responsibility and coordinate with the Culture and Information Service and the
provincial Fatherland Front to help the provincial Peoples Committee in
drafting the resolution of the provincial Peoples Council and in orienting the
contents of the rural convention so as to make it conformable with law and the
practical situation of the locality; to organize training conferences for
grassroots officials and to guide the deployment, inspect the compilation and
implementation of rural conventions in the whole province.
Within their functions, tasks and powers, the Justice
Service and the Culture and Information Service shall coordinate with the
provincial Fatherland Front in directing and guiding in specialization and
technicality and help the Justice Section and the Culture and Information
Section in providing consultancy for the district Peoples Committee to approve
the rural convention.
Yearly, the Justice Service shall assume the main
responsibility and coordinate with the Culture and Information Service and the
provincial Fatherland Front in conducting the review and evaluation of the
compilation and implementation of the rural convention in the locality; report
it to the Peoples Council of the same level and send a report thereof to the
Ministry of Justice, the Ministry of Culture and Information and the Central
Committee of the Fatherland Front.
2. At the district level: the Justice Section shall have to provide consultancy for
the President of the Peoples Committee at district level to examine the
legality of the rural convention, eliminate those contents of the rural
convention which run counter to the provisions of current law and ensure the
technicality in compiling the rural convention.
The Culture and Information Section shall have to provide
consultancy for the district Peoples Committee to ensure that the contents of
the rural convention conform with the fine customs and habits and the norms for
building a cultured lifestyle.
In case it is discovered that the rural convention has not
been approved, the Justice Section shall assume the prime responsibility and
coordinate with the Culture and Information Section in guiding the grassroots
to comply with the procedure of approval. In case of detection of wrongful
contents, the district Peoples Committee must be informed in order to suspend
the implementation and provide guidance for rectification and perfection of
these rural conventions.
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- To direct and assist the villages, hamlets and population
clusters in the compilation of the rural conventions to make them conform with
the contents guided in Part I of this Circular;
- To prepare the dossier for submission to the competent
level for approval;
- To coordinate with the Fatherland Front at the commune
level in inspection and creating conditions for the popularization, education
and organization of the implementation of the rural convention.
- To detect and rectify all manifestations of error,
deviation and negativism in the compilation and implementation of the rural
convention, periodically report to the higher Peoples Committee and the
Peoples Council of the same level on the compilation and implementation of the
rural conventions in the locality.
In the process of implemention, if any difficulties arise,
the Justice Service, the Culture and Information Service, and the Fatherland
Front at provincial level shall report them in time to the Ministry of Justice,
the Ministry of Culture and Information and the Central Committee of the
Vietnam Fatherland Front for consideration and settlement.
MINISTER OF JUSTICE
Nguyen Dinh Loc
MINISTER OF CULTURE AND
INFORMATION
Nguyen Khoa Diem
GENERAL SECRETARY OF THE CENTRAL
COMMITTEE OF THE VIETNAM FATHERLAND FRONT
Tran Van Dang