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GRASSROOTS DEMOCRACY ORDINANCE

GRASSROOTS DEMOCRACY ORDINANCE. PPWG HANOI, MAY 2007. Presentation structure. Part 1: Main content of the ordinance Part 2: Comparison with Decree 79 Part 3: Suggestions. Ordinance status. Legal document number: 34/2007/PL-UBTVQH11 Approval date: 20 April 2007 Effective date: 1 July 2007

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GRASSROOTS DEMOCRACY ORDINANCE

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  1. GRASSROOTS DEMOCRACY ORDINANCE PPWG HANOI, MAY 2007

  2. Presentation structure • Part 1: Main content of the ordinance • Part 2: Comparison with Decree 79 • Part 3: Suggestions

  3. Ordinance status • Legal document number: 34/2007/PL-UBTVQH11 • Approval date: 20 April 2007 • Effective date: 1 July 2007 • Replaces Decree 79/2003/NĐ-CP Part 1: Main content of the ordinance

  4. Principles of GRD implementation • Ensure public order and social stability • Respect the RIGHTS of people to know, comment, decide, implement and monitor • Protect lawful interests of the State, organizations and individuals. • Promote transparency and information disclosure • Ensure the leadership of the Party and management role of the State. Part 1: Main content of the ordinance

  5. The RIGHT to information • Long and comprehensive list of things to be publicized: commune SEDP, budget, projects, investments, compensations, resettlements in the commune area, land use planning, population planning, inspection results, administrative procedures etc. • These things have direct impact on people’s lives. • These things are either at the commune level (SEDP, budget) or happen in the commune (Investment project). Part 1: Main content of the ordinance

  6. The RIGHT to decide • Constructions or public facilities that involve contributions from people (wholly or partially). Effective immediately after people’s decision. • Village regulation • Election and dissemination of village leaders • Election and dissemination of members of People’s supervision board. • Effective after approval by appropriate Government agencies Part 1: Main content of the ordinance

  7. The RIGHT to comment • Draft of SEDP, land use plans, development project / programs, land clearance, compensation, relocations, etc. • People comment on the draft  approval by authorities  people know the final plans. Part 1: Main content of the ordinance

  8. The RIGHT to monitor and supervise • People have the right to supervise all things they have the right to know, to decide and to comment. • Supervise through People’s supervision board, through complaints, denunciation, through MOs etc. Part 1: Main content of the ordinance

  9. Ways of implementation of GRD are clearly defined • Information dissemination: posting at commune PC, People’s Council’s building, loudspeakers, through village heads etc, when and for how long information will be disseminated. • Making decisions by the people: votes in village meetings, feedback cards, how authorities should take action regarding people’s decision. • Commenting on draft policies or plans: village meetings, feedback cards, comment box, how authorities should take into account people’s comments. Part 1: Main content of the ordinance

  10. Responsibilities for GRD implementation • Generally: Commune People’s Council, Commune People’s Committee, in coordination with the Mass organizations under VFF at the commune level. • For specific tasks (information dissemination, organizing village meetings, etc.), detailed responsibilities of Gov agencies and individuals were described. Part 1: Main content of the ordinance

  11. Major improvements of the ordinance compared to decree 79 • More “legal weight”: ordinance versus decree. • Much more focused on matters important to people, less wordy, less “unimportant” things such as resolutions of the People’s Council, preliminary and final reviews of activities of the commune People’s Councils and People’s Committee. • Much clearer on the ways of implementation and responsibilities of Gov agencies and individuals. • Implementation effectiveness of decisions made by the people. Part 2: Comparison with Decree 79

  12. Possible shortcomings • No monitoring mechanism of higher levels on how the commune level authorities implement the ordinance. • No mention about independent monitoring (by CSOs other than VFF and its member organizations). • Accountability: what are the consequences of compliance or non-compliance? • Resources for implementation: still a question mark. • No mention about awareness raising, training, or capacity building for officials who play critical roles in implementation: chairpersons of CPC, MOs, village heads etc. Part 2: Comparison with Decree 79

  13. Suggestions • The ordinance is a powerful tool to promote people’s participation. • The issues of internal Gov monitoring, accountability and resources still need to be clarified in implementation guidelines. • Implementation success depends on: • Awareness and knowledge of grassroots people on the ordinance. • Attitudes and capacity of communal cadres; possible areas where NGOs can help? Part 3: Suggestions

  14. Suggestions (cont.) • CSOs can support the ordinance by doing independent monitoring and providing feedbacks to the Government. Part 3: Suggestions

  15. THANK YOU

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