Laws of Vietnam

DIRECTIVE No.24/1998/CT-TTg OF JUNE 19, 1998 ON THE FORMULATION AND OBSERVANCE OF THE CONVEN-TIONS OR RULES OF VILLAGES, HAMLETS OR POPULATION GROUPS

In recent years, together with the legal system which has constantly been renewed and improved to meet the requirements of managing the State and the society by the rule of law, the conventions and rules of villages, hamlets of population groups have made not a small contribution to the enforcement of the State laws and the regulation of self-governed social relations in the grassroots population communities.

At present, in materializing the undertaking to expand socialist democracy and promote the people's mastery, especially at the grassroots level, many localities across the country have been formulating and finalizing cultural villages' conventions or rules on the basis of inheriting the positive elements of old conventions or rules and their compliance with current laws. Therefore, in many localities new conventions or rules have not only contributed to promoting the fine customs and traditions and upholding the traditional ethic and moral standards of the nation but also served as an effective tool in support of various campaigns to maintain security and order, preserve the environment and hygiene, prevent and combat social vices, boost production, promote study, resolve minor disputes and violations among the people as well as eliminate hunger and reduce poverty.

Nevertheless, in recent past, the formulation and observance of conventions or rules at some places have not yet been conducted in a truly democratic manner, involving only small groups of people and without the ratification of the local administration. Such conventions or rules are still limited in their contents, which fail to properly reflect the real situation, socio-economic characteristics and cultural traditions of each locality. Some of them even contain provisions that contradict State laws or revive bad practices and backward customs.

In order to bring into full play positive elements and overcome constraints or negative elements of conventions or rules and ensure the implementation of the Party's resolutions, Directive No.30/CT-TW of the Politburo of February 18, 1998 on the formulation and exercise of democratic regulations at the grassroots level, on the intensification of State management over the formulation and observance of conventions or rules in the present period,

The Prime Minister hereby instructs:

1. The contents of conventions or rules should focus on a number of the following basic matters:

- Ensuring the preservation and promotion of fine customs and practices as well as civilized conducts in daily life activities..., abolishing bad practices, developing forms of healthy cultural activities, promoting fine village relationships and affection, solidarity, mutual affection, assistance and support within the population communities.

- Determining measures to protect public assets and citizens' property, protect the living environment, forests, sea, rivers, lakes and ponds, scenic places, temples, pagodas, water sources, dikes, dams, canals and ditches, bridges and culverts. Building and developing village roads and paths, planting trees and combat pollution of water sources... in the localities;

- Determining measures to protect fine practices and customs, do away with bad customs in funerals, weddings, worship, festive activities... in the localities;

- Contributing to building a civilized life style and cultural families and setting criteria for cultural families and new moral norms, helping each other in finding measures to well deal with familial relationships;

- Building community solidarity and mutual affection, mobilizing family members, relatives and villagers to unite to eliminate hunger and reduce poverty, develop production, raise living standards, promote study and employment... in the localities;

- Determining appropriate measures to maintain security and order in the localities.

2. Draft conventions or rules must be discussed by the local people, adopted at meetings of voters or households' delegates in villages, hamlets or population groups and approved by the district-level People's Committees before they are enforced so as to ensure that the conventions or rules are not contrary to current provisions of law, neither containing harsh punishment provisions nor imposing fees and charges that may damage or affect the legitimate rights and interests of citizens.

3. The Minister of Justice and the Minister of Culture and Information shall, within their respective functions, tasks and powers, direct and guide the local justice agencies and culture and information agencies to assist the People's Committees of the same level to perform the State management over the formulation and observance of conventions or rules in order to ensure that such conventions or rules of villages, hamlets or population groups are drafted in a truly democratic and open manner under the leadership of the commune-level Party Committees and administration with the active participation of the grassroots Fatherland Front Committees and mass organizations (the Ho Chi Minh Youth Union, the Vietnam Women's Union, the War Veterans' Association, the Vietnam Peasants' Association, etc.).

The Ministry of Justice shall assume the prime responsibility and, together with the Ministry of Culture and Information coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations and other concerned agencies in directing the pilot implementation of this Directive at several localities so as to draw experiences therefrom. On the basis of the review of the formulation and observance of conventions or rules nationwide, the Ministry shall propose to the Prime Minister various measures and models of cultural activities aiming to further enhance the State management and promote the role of such conventions or rules in the present period.

4. The provincial-level People's Committee shall, within the scope of their responsibilities and powers, submit to the provincial-level People's Councils for issuance resolutions specifying the State management over and guiding the contents of conventions or rules on the basis of current law provisions, ensuring their suitability to the local social, cultural and economic situation, local customs and practices.

The provincial-level People's Committees shall direct and supervise the materialization of the People's Councils' resolutions on the above-mentioned matters.

5. The district-level People's Committees shall have to to approve written conventions or rules submitted by the commune-level People's Committees, direct and guide their observance within the district territories, ensure that the contents of such conven-tions or rules comply with current provisions of law, the rules on the building of a new cultural life style, preserve and develop fine customs and practices in the localities.

6. The commune-level People's Committees shall be responsible for directing and assisting villages, hamlets and population groups to draft conventions or rules with diversified and practical contents complying with current provisions of law and the Party's and State's undertakings and policies and submit them to the district-level People's Committees for approval. The commune-level People's Committees shall regularly supervise the organization of the observance of conventions or rules within their territories.

7. The mass media agencies shall intensify the propaganda on the role and benefits of the formulation and observance of conventions or rules, the models of a cultural life style in close association with the strengthening of the State management by the rule of law, promote democracy at the grassroots level; popularizing typical examples in the detection and fight against negative or wrong manifestations or the abuse of conventions or rules to maintain bad practices and backward customs.

8. The ministers, the heads of the concerned agencies, the chairmen of the People's Councils and the presidents of the People's Committees of all levels shall have to implement this Directive.

Prime Minister

PHAN VAN KHAI