Nghị định 17/2021/NĐ-CP chính sách thanh niên xung phong thanh niên tình nguyện

DECREE

PRESCRIBING POLICIES APPLIED TO PIONEERING YOUTH AND YOUTH VOLUNTEERS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Amendments and Supplements to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Youth dated June 16, 2020;

Upon the request of the Minister of Home Affairs;

The Government herein promulgates the Decree on policies applied to pioneering youth and youth volunteers.

Chapter I

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Article 1. Scope of application

This Decree provides for compensation policies applied to pioneering youth, youth volunteers (hereinafter referred to as policies), and responsibilities of entities towards pioneering youth and youth volunteers as per the Law on Youth.

Article 2. Subjects of application

This Decree applies to:

1. Members of pioneering youth organizations; youth volunteers.

2. Entities and persons associated with pioneering youth and youth volunteers.

Article 3. Duties of pioneering youth and youth volunteers

1. Pioneering youth shall perform the duties defined in clause 2 of Article 22 in the Law on Youth.

2. Youth volunteers shall perform the following duties:

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b) Participate in volunteering activities for social and community benefits on personal and voluntary registration with entities and units organizing volunteering activities for social and community benefits (hereinafter referred to as youth volunteer(s) for social and community benefits).

Article 4. Principles of implementation of policies applied to pioneering youth and youth volunteers

1. Ensure public access, transparency, timeliness and compliance with laws.

2. The Government and local authorities should provide favorable conditions to encourage young people to participate in pioneering youth organizations and volunteering activities in accordance with laws.

3. The Government, local authorities, Ho Chi Minh Communist Youth Union, and other youth organizations established in accordance with law, should honor, praise, acknowledge or recommend competent authorities to reward pioneering youth for their achievements in performing assigned tasks; youth volunteers having great dedication and contribution to volunteering activities.

4. Entities and persons shall be legally responsible for failing to perform or unduly performing duties specified herein.

Article 5. Funding for implementation of policies applied to pioneering youth and youth volunteers

1. For pioneering youth

a) Funding for implementation of policies applied to pioneering youth and youth volunteers shall be guaranteed according to the current fiscal decentralization of the state budget defined in the Law on State Budget so as to perform the tasks assigned by competent authorities;

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2. For youth volunteers

a) Funding for implementation of policies applied to youth volunteers participating in programs or projects shall be guaranteed by the state budget provided that these programs or projects are part of those programs or projects approved by competent authorities according to the current fiscal decentralization of the state budget stated in the Law on State Budget;

b) Funding for implementation of policies applied to youth volunteers for community and social benefits shall be provided by entities or units organizing volunteering activities for community and social benefits at their own expense, or by other legal sources of grants, aids and contributions defined in laws.

Chapter II

POLICIES APPLIED TO PIONEERING YOUTH

Article 6. Policies applied to pioneering youth members on duty

1. They are entitled to all compensation and benefit packages as intended for employees in accordance with laws on labor, employment, social insurance and health insurance.

2. They are provided with at least two sets of a pioneering youth’s uniform each year, and pioneering youth’s membership cards.

3. They have access to advantages in taking training courses to improve their academic qualification, politics, professional and occupational skills; participate in cultural, physical training, sports, entertainment and recreational activities as prescribed by law.

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5. They receive preferential treatment when applying for loans from the Vietnam Bank for Social Policies in accordance with regulations in force.

6. If a pioneering youth member who performs a brave act dies or is injured in a way that falls into one of the cases prescribed by laws on preferential treatment for revolutionary contributors, he/she shall be eligible for his/her inclusion in his/her pioneering youth organization’s application to the competent authority to seek its approval of recognition as a martyr, or its decision to entitle him/her to policies applied to war invalids in accordance with laws on preferential treatment for revolutionary contributors.

7. If a pioneering youth organization's member dies, he/she shall be entitled to a funeral allowance in accordance with laws on social insurance, and shall have access to the pioneering youth organization’s support to be afforded a means of transport to carry his/her dead body to his/her hometown or family at the request of his/her relatives.

8. A pioneering youth member who has worked in a pioneering youth organization for fully 24 months shall be awarded a Pioneering Youth Medal by the Central Committee of Ho Chi Minh Communist Youth Union. If there are different stages or intermissions of participation in a pioneering youth organization, the period of participation may be calculated on an accumulative basis.

9. Pioneering youth members who have merits and achievements in performing their tasks shall be commended and rewarded in accordance with laws on emulation and commendation.

10. Pioneering youth members on assignment in areas facing extremely difficult socio-economic condition as prescribed by law shall be entitled to additional policies as follows:

a) Receive a package of subsistence allowances within the first six months on assignment in these areas. The amount of subsistence allowance per month on assignment shall be one time as much as the base pay rate defined by law;

b) Obtain permission for postponement of military service or exemption from conscription as provided in the Law on Military Service.

Article 7. Policies applied to pioneering youth members off duty

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2. They gain advantages in participating in the public staff recruitment process under laws on public officials, civil servants and public employees.

3. If they wish to settle down and make a living in ethnic minority areas, mountainous areas, remote or isolated areas, border areas, islands, or areas facing extremely difficult socio-economic condition, they shall be entitled to the socio-economic development policies of the State applied to the areas where they intend to live.

4. Pioneering youth members on assignment in areas facing extremely difficult socio-economic condition as prescribed by law may be entitled to additional policies as follows:

a) Lump-sum payment of allowance per a year of working in a pioneering youth organization in areas facing extremely difficult socio-economic condition that is calculated as one month’s wage that they are being paid in a given time. If they work for less than 01 year (12 months), i.e. from 01 month to fully 06 months, they shall be paid a half (1/2) of a month’s wage; more than 06 months, they shall be paid a month's wage;

b) Exemption from conscription as provided in the Law on Military Service;

c) Fares granted to help them go back home.

Article 8. Policies applied to pioneering youth holding the leadership, management, professional or technical post in pioneering youth organizations

1. Public personnel designated, appointed or seconded to hold the leadership or management post in a pioneering youth organization shall be entitled to compensation package, allowances and benefits defined in laws on public officials, civil servants and public employees; concurrently, other policies the same as those applied to pioneering youth that are specified in clause 2, 8 and 9 of Article 6 and clause 1 of Article 7 herein. When on duty in areas facing extremely difficult socio-economic condition as prescribed by law, they may be entitled to additional policies pertaining to subsistence allowances and benefits which are the same as those applied to pioneering youth members as specified in clause 10 of Article 6 and clause 4 of Article 7 herein.

2. Persons recruited or contracted to perform the role as manager, professional or technician shall be entitled to the policies specified in laws on public staff, laws on labor and other policies applied to persons holding the post of leader or manager of pioneering youth as agreed upon with pioneering youth organizations.

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Chapter III

POLICIES APPLIED TO YOUTH VOLUNTEERS

Section 1. POLICIES APPLIED TO YOUTH VOLUNTEERS PARTICIPATING IN PROGRAMS OR PROJECTS

Article 9. Policies applied to youth volunteers during the period of execution of programs or projects

1. They are entitled to enter into labor contracts with competent authorities; receive all compensation and benefit packages as intended for employees in accordance with laws on labor, employment, social insurance and health insurance.

2. They are entitled to salaries or wages, benefits, allowances, business travel allowances and other compensation packages as defined in the programs or projects that have been approved by competent authorities.

3. They are provided with work-related supplies and personal protective equipment which are essential for their safety and are suited to the requirements of volunteering activities.

4. They are entitled to attend training or mentoring courses aimed at improving knowledge and skills needed during the process of carrying out their assignments.

5. They are assigned work or tasks according to their academic qualification and personnel demands.

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7. They are entitled to lodge or accommodation support or allowances from local authorities or units hosting volunteering activities; get involved in local political, cultural and social events.

8. They are entitled to secure nomination supported by party committees, local authorities or units hosting volunteering activities as candidates for sources of personnel holding the post of leader or manager according to the personnel succession planning for titles of leader or manager at localities.

9. If their socio-economic development programs or projects are judged by Party committees, local authorities or units hosting volunteering activities to be highly effective or feasible, they may seek the decision to grant support for execution thereof from local authorities.

10. If a youth volunteer who performs a brave act dies or is injured in a way that falls into one of the cases prescribed by laws on preferential treatment for revolutionary contributors, he/she shall be eligible for his/her inclusion in the proposal submitted by the commune People's Committee hosting volunteering activities to the competent authority for recognition as a martyr, or its decision to entitle him/her to policies applied to war invalids in accordance with laws on preferential treatment for revolutionary contributors.

11. If the youth participating in volunteering activities die, they shall be entitled to funeral allowances prescribed in laws on social insurance, and shall be given support from local authorities hosting volunteering activities to be afforded a means of transport to carry their dead bodies or remains to their hometown or family at the request of their relatives.

Article 10. Policies applied to youth volunteers after completion of programs or projects

1. They are entitled to obtain the Certificate of participation in volunteering activities conferred by local authorities hosting volunteering activities if such conferral falls within their remit.

2. If a youth volunteer giving at least a good performance during the volunteering period wishes to continue to work for a competent authority or unit hosting volunteering activities, that authority or unit may put him/her on the shortlist, include him/her in the personnel succession planning, train and recruit him/her.

3. They are entitled to a lump-sum payment of support which is a half of their salary or wage in the given month after fulfilling their assignments.

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5. If any youth volunteer wishes to settle down and make a living in ethnic minority areas, mountainous areas, remote or isolated areas, border areas, islands, or areas facing extremely difficult socio-economic condition, they shall be entitled to the socio-economic development policies of the State applied to the areas where they intend to live.

Section 2. POLICIES APPLIED TO YOUTH VOLUNTEERS AND ENTITIES ORGANIZING VOLUNTEERING ACTIVITIES FOR COMMUNITY AND SOCIAL BENEFITS

Article 11. Policies applied to youth volunteers on duty

1. They have access to training or mentoring courses on volunteering knowledge, skills and qualification provided by entities and units organizing volunteering activities.

2. They are provided with work-related supplies and personal protective equipment which are essential for their safety and conform to requirements of volunteering activities.

3. They are entitled to get involved in activities of mass organizations; have access to fostering programs and secure nomination for admission to Ho Chi Minh Communist Youth Union, and to Communist Party of Vietnam, in accordance with the provisions of the Charter of Ho Chi Minh Communist Youth Union and the Charter of the Communist Party of Vietnam.

4. If a youth volunteer dies or is injured while on duty in a way that falls into one of the cases prescribed by laws on preferential treatment for revolutionary contributors, he/she shall be eligible for his/her inclusion in the proposal submitted by the commune People's Committee hosting volunteering activities to the competent authority for recognition as a martyr, or its decision to entitle him/her to policies applied to war invalids in accordance with laws on preferential treatment for revolutionary contributors.

5. If any youth volunteer dies at work, he/she may be entitled to a funeral allowance in accordance with laws on social insurance. If he/she has not held a social insurance policy, the entity or unit organizing volunteering activities shall afford him/her funeral allowances and a means of transport to carry his/her dead body to his/her hometown or family at the request of his/her relatives.

6. If a youth volunteer that is not required to participate in the compulsory social insurance or health insurance scheme, and has not participated in the voluntary social insurance or health insurance scheme, is involved in an accident at work, the entity or unit organizing volunteering activities shall grant him/her the following policies:

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b) If he/she is incapacitated at the rate of 31% or more due to such accident, on top of the allowance stated in point a of this clause above, he/she may be entitled to a minimum allowance of VND 5,000,000 paid on a lump-sum basis, which is then increased by VND 1,000,000 per 01% added to the aforesaid capacitation rate;

c) If he/she dies due to an accident at work, he/she may be entitled to a minimum allowance of VND 50,000,000 paid on a lump-sum basis.

7. If a youth volunteer who is a public official or staff member, employee working for a state agency, institution or economic organization, or an armed force, gets injured to the extent of needing the medical care according to a health authority's conclusion when performing a brave act to rescue humans or public property, his/her medical leave shall be included in the on-duty period, based on which the State allowance policies are granted to him/her.

8. If a youth volunteer who is a student gets injured on duty to the extent of needing the medical care according to a health authority's conclusion, thereby interrupting his/her study, when performing a brave act to rescue humans or public property, necessary support may be given to encourage him/her to complete his/her study.

Article 12. Policies applied to youth volunteers off duty

1. They are awarded the Certificate of participation in volunteering activities.

2. They are entitled to support policies for occupational training associated with employment creation as per laws on vocational education and employment.

3. They are considered to be eligible for advantages in applying for participation in socio-economic development and national defence programs or projects with regard to those youth volunteers who have participated in volunteering activities for at least 03 months. If there are intervals of participation in volunteering activities, the period of participation in volunteering activities may be calculated on an accumulative basis.

Article 13. Policies applied to entities or units organizing volunteering activities for community and social benefits

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2. All-level People’s Committees shall provide them with facilitation or advantages and protection against issues related to public security and order while they are organizing volunteering activities; shall instruct local authorities involved to cooperate in organizing volunteering activities.

3. Entities or units organizing volunteering activities for community and social benefits with great achievements in volunteering activities shall be nominated for awards in accordance with laws on emulation, commendation and rewarding.

Chapter IV

RESPONSIBILITIES OF ENTITIES AND PERSONS FOR IMPLEMENTATION OF POLICIES APPLIED TO PIONEERING YOUTH AND YOUTH VOLUNTEERS

Article 14. Responsibilities of members of pioneering youth organizations

1. Comply with the regulatory provisions of laws, internal rules and regulations of each pioneering youth organization, and customs and practices of localities where they are on assignment.

2. Perform the tasks assigned by each pioneering youth organization.

3. In case of leaving work without permission before the end of the agreed term of work, they must pay compensations pertaining to initial allowances, benefits, costs of equipment and other associated expenses.

Article 15. Responsibilities of youth volunteers

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2. Youth volunteers for community and social benefits shall assume the following responsibilities:

a) Comply with the regulatory provisions of laws, internal rules and regulations of agencies, organizations or units organizing volunteering activities for community and social benefits, and customs and practices of the localities where volunteering activities take place;

b) Perform tasks as assigned by agencies, organizations or units organizing volunteering activities for community and social benefits; cooperate well with relevant local organizations and individuals in the process of performing volunteering activities;

c) In order to be eligible to participate in volunteering activities, the youth who are cadres, civil servants, public employees or workers in state agencies, units, organizations, economic organizations, or armed forces, must submit written applications and obtain written consent to such participation from their employers;

d) In order to be eligible to participate in volunteering activities during academic years, the youth who are students shall submit written applications and obtain written consent to such participation from their immediately supervisory educational institutions or vocational schools.

Article 16. Responsibilities of pioneering youth organizations

1. Undertake the recruitment of pioneering youth members to work at their workplace in accordance with the regulatory provisions of laws.

2. Enter into labor contracts, employment contracts with pioneering youth members and persons holding the post of leader, manager, professional or technician, and ensure that their salary, wage and allowance (if any) policies, social insurance, health insurance, unemployment insurance benefits are assured under according to the regulatory provisions of labor law and law on public employees.

3. Provide working equipment, pioneering youth uniforms, membership cards and personal protective equipment necessary that are essential and conform to workplace requirements of pioneering youth; ensure safety for pioneering youth at work.

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5. Organize activities of mass organizations; fostering programs and nomination for admission to Ho Chi Minh Communist Youth Union, and to Communist Party of Vietnam, in accordance with the provisions of the Charter of Ho Chi Minh Communist Youth Union and the Charter of the Communist Party of Vietnam.

Article 17. Responsibilities of entities and units organizing volunteering activities

1. Agencies and units in charge of implementing programs or projects shall be responsible for ensuring grant of policies to the youth participating in voluntary activities as specified in Article 9 and Article 10 of this Decree, and other compensation and benefit policies specified in programs or projects approved by competent authorities.

2. Entities and units organizing volunteering activities for community and social benefits shall assume the following responsibilities:

a) Conduct surveys and work with the People's Committee of the place where volunteering activities take place to develop plans to organize volunteering activities, clearly stating purposes, time, location, content and schedule of volunteering activities; the number and categories of the youth participating in volunteering activities;

b) Send the plan to organize volunteering activities in advance to the People's Committee of the commune where these volunteering activities take place; to the district-level People's Committee if these volunteering activities take place in two or more communes of that district; to the People's Committee of the province if these volunteering activities take place in two or more districts of that province;

c) Organize the recruitment of the youth participating in volunteering activities, manage youth volunteers to ensure conformity to plans, safety, efficiency and conformance to the socio-economic development missions of localities;

d) Formulate rules and regulations on volunteering activities, and provide training courses on necessary knowledge and skills for the youth participating in volunteering activities;

dd) Provide work-related supplies and personal protective equipment which are essential and conform to requirements of volunteering activities; ensure that the youth participating in volunteering activities are entitled to occupational safety and health protection at work;

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g) Provide required information to local authorities and related agencies and organizations in the course of organizing volunteer activities upon request;

h) Cooperate with local youth organizations to organize volunteering activities, and publish information about purposes, scale and form of volunteering activities via mass media.

i) Award certificates of participation in volunteering activities to youth volunteers by using the certificate form prescribed by the Central Committee of the Ho Chi Minh Communist Youth Union.

3. Heads of agencies, organizations or units organizing volunteering activities shall bear personal legal responsibilities for any offence that arises in the process of organizing volunteering activities.

Article 18. Responsibilities of commune-level and district-level People’s Committees towards youth volunteers

1. Notify the approval for volunteering activities to locally take place to agencies, organizations or units organizing volunteer activities according to their competence (in terms of objectives, scope, content of volunteering activities; the number and categories of the youth participating in these volunteering activities). In case of disapproval, the reasons for such disapproval must be clearly stated.

2. Provide facilitation or advantages in organizing volunteering activities; ensure that public security and order condition is maintained in order to help entities and persons organize and carry out volunteering activities in accordance with plans to organize volunteering activities.

3. Temporarily suspend or terminate volunteering activities in breach of laws or not conforming to the plan to organize volunteering activities.

4. Report to and recommend competent authorities to promptly handle and sanction violations against law that may arise from volunteering activities within local areas under their authority.

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Article 19. Responsibilities of provincial People’s Committees

1. For pioneering youth

Provincial People’s Committees shall carry out state management of pioneering youth within their local areas and assume the following responsibilities:

a) Organize the implementation of policies towards pioneering youth according to the regulatory provisions of law and in conformity with the local socio-economic development conditions;

b) Provide instructions about, monitor, expedite, examine, inspect and handle complaints or denunciations, under their jurisdiction, relating to implementation of policies applied to pioneering youth.

2. For youth volunteers

Provincial People’s Committees shall carry out state management of youth volunteers and assume the following responsibilities:

a) Create communication channels of volunteering activities accessible to and signed up for by the youth.

b) Notify the approval for volunteering activities for community and social benefits to locally take place to entities organizing volunteer activities according to their competence (in terms of objectives, scope, content of volunteering activities; categories of the youth participating in these volunteering activities). In case of disapproval, the reasons for such disapproval must be clearly stated;

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b) Provide instructions about, monitor, expedite, examine, inspect and handle complaints or denunciations, under their jurisdiction, relating to implementation of policies applied to youth volunteers.

3. Complete annual review reports on results of implementation of policies applied to pioneering youth and youth volunteers that are integrated into the regulatory report on state management of the youth in accordance with regulations.

Article 20. Responsibilities of Ministries, Ministry-level agencies and Governmental bodies

1. Ministry of Home Affairs

a) Take charge of and cooperate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union in organizing the implementation of this Decree;

b) Inspect, examine and propose sanctions against violations arising from implementation of policies applied to pioneering youth and youth volunteers;

c) Preliminarily and finally review implementation of policies applied to pioneering youth and youth volunteers, and report on such implementation to competent authorities.

2. Ministries, Ministry-level bodies and Governmental agencies

a) Provide facilitation for pioneering youth and youth volunteers who work in the sectors under their management;

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c) Create communication channels of volunteering activities of the youth that are accessible to and signed up for by the youth;

d) Commend and reward the youth with great achievements in the process of participating in volunteer activities;

dd) Complete annual review reports on results of implementation of policies applied to pioneering youth and youth volunteers that are integrated into the regulatory report on state management of the youth in accordance with regulations.

3. The Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs shall set forth regulations pertaining to forms of commendation and rewarding of the youth who have actively participated in and successfully complete volunteering activities at educational institutions and vocational schools.

Article 21. Requests submitted to the Central Committee of Ho Chi Minh Communist Youth Union

1. For pioneering youth

a) Regulate the form of Certificate of fulfillment of duties to be conferred upon members of pioneering youth organizations; direct and instruct the Ho Chi Minh Communist Youth Union of the provinces and centrally-run cities and youth volunteer organizations to strictly comply with regulations on granting Certificates of fulfillment of duties and awarding Medals to members of pioneering youth organizations;

b) Cooperate with the Ministry of Home Affairs and relevant ministries and central authorities in inspecting and examining the implementation of policies by members of pioneering youth organizations to ensure compliance with the regulatory provisions of laws;

c) Commend and honor organizations and individuals with great achievements in the course of performing assigned tasks; award the "Brave Youth" Badge according to the regulations of the Central Committee of the Ho Chi Minh Communist Youth Union to pioneering youth who perform brave acts.

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a) Persuade and encourage the youth to participate in volunteering activities; raise awareness and promote the roles and responsibilities of the youth participating in volunteering activities;

b) Create communication channels connecting volunteering activities nationwide; perform the function of coordinating volunteering activities of the youth;

c) Cooperate with relevant ministries and central authorities on directing, orienting and developing facilitation mechanisms and policies for volunteering activities of the youth.

d) Provide the provincial Ho Chi Minh Communist Youth Union and other youth organizations established in accordance with law with directions and instructions relating to methods of mobilizing the youth in volunteering activities organized within their host entities;

dd) Take charge of and cooperate with relevant agencies and units in deciding the form of Certificate of participation in volunteering activities, and guiding agencies, organizations and units organizing volunteering activities in granting Certificates to the youth participating in volunteering activities;

e) Commend and honor organizations and individuals with great achievements in the course of performing volunteering activities; award the "Brave Youth" Badge according to the regulations of the Central Committee of the Ho Chi Minh Communist Youth Union to youth volunteers who perform brave acts when participating in volunteering activities.

3. Submit annual review reports on results of implementation of policies applied to pioneering youth and youth volunteers to state youth authorities according to assigned functions and tasks.

Chapter V

IMPLEMENTATION PROVISIONS

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1. This Decree is entering into force as from the signature date.

2. Article 7 of Chapter I; Article 16, Article 17, Article 18 of Chapter III in the Government's Decree No. 12/2011/ND-CP dated January 30, 2011 on organization and policies of pioneering youth shall be expired from the effective date of this Decree.

Article 23. Implementation responsibilities

1. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of provinces and centrally-affiliated cities, entities and persons involved shall be responsible for enforcing this Decree.

2. In the course of implementation of this Decree, if there is any issue that arises, Ministries, central authorities and People’s Committees of provinces and centrally-run cities are requested to report on this issue to the Ministry of Home Affairs for its integration into a report submitted to the Government to seek decisions./.

PP. GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

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