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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
03/1998/QD-TTg
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Hanoi,
January 7, 1998
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DECISION
PROMULGATING THE 1998-2002 PLAN ON LAW DISSEMINATION AND
EDUCATION AND THE ESTABLISHMENT OF A COORDINATING COUNCIL FOR LAW DISSEMINATION
AND EDUCATION
THE PRIME MINISTER
Pursuant To The Law On Organization Of The
Government Of September 30, 1992;
To Step Up The Work Of Law Dissemination And Education;
At The proposal of the Minister of Justice,
DECIDES:
Article 1.- To
promulgate a plan on law dissemination and education for the 1998-2002 period.
Article 2.- To establish
a Coordinating Council for Law Dissemination and Education, with the Minister
of Justice as its Chairman and the following as its members:
1. A Vice Minister of Culture and Information
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3. A Vice Minister of Education and Training
4. A Vice Minister of Defense
5. A Vice Minister of the Interior
6. A Vice-Chairman of the Government Commission
for Organization and Personnel
7. A Vice Chairman of the Commission for Ethnic
Minorities and Mountainous Areas
8. A Vice Chairman of the Vietnam Committee for
Child Protection and Care
9. The General Director of Vietnam Television
Station
10. The General Director of the Radio Voice of
Vietnam
11. The General Director of Vietnam News Agency.
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The Ministry of Justice shall act as the
standing body of the Coordinating Council for Law Dissemination and Education.
Article 3.- The
Coordinating Council for Law Dissemination and Education shall perform the
following tasks:
1. To work out quarterly and annual plans on law
dissemination and education, which shall be implemented jointly by different
branches and levels, based on the law dissemination and education plan
promulgated together with this Decision;
2. To periodically hear reports on and regularly
inspect and urge different levels and branches in, the implementation of the
plan on law dissemination and education in the fields already assigned to them;
3. To coordinate the building of a contingent of
branch lecturers, mobilize funds from sources outside the State-budget fund for
the law dissemination and education so as to support the law dissemination and
education work;
4. To coordinate the dissemination of important
legal documents under decision of the Prime Minister;
5. To make preliminary and final review of the
law dissemination and education situation in the whole country, report it to
the Prime Minister and propose measures to step up such work.
Article 4.- Basing
themselves on the composition and tasks of the Coordinating Council for Law
Dissemination and Education as defined in this Decision, the presidents of the
People's Committees of the provinces and cities directly under the Central
Government shall decide the establishment of the provincial-level coordinating
councils for law dissemination and education in order to step up the law
dissemination and education work in their respective localities according to the
law dissemination and education plan issued together with this Decision.
Article 5.- Basing
themselves on the law dissemination and education plan issued together with
this Decision and the quarterly and annual plans of the central Coordinating
Council for Law Dissemination and Education, the ministries, the
ministerial-level agencies, the agencies attached to the Government and the
People's Committees of the provinces and cities directly under the Central
Government shall draw up their own quarterly and annual plans for the law
dissemination and education.
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The Ministry of Justice shall have to guide the
implementation of this Decision.
Article 7.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People's Committees
of the provinces and cities directly under the Central Government and members
of the Coordinating Council for Law Dissemination and Education shall have to
implement this Decision.
THE PRIME MINISTER
Phan Van Khai
THE 1998-2002 PLAN FOR LAW DISSEMINATION AND EDUCATION
(Attached to
Decision No.03/1998/QD-TTg of January 7, 1998 of the Prime Minister)
A. OBJECTIVES AND
REQUIREMENTS OF THE LAW DISSEMINATION AND EDUCATION PLAN
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1. To popularize fundamental legal knowledge for
the law-enforcers; to disseminate the provisions of law governing the fields
related to the life of people of all strata; to regularly implement law
education programs in schools.
2. To raise the sense of law observance of the
State officials and employees as well as people so as to contribute to
enhancing the social order and discipline and efficiently preventing law
offenses; to raise the population's jurisprudential knowledge and culture.
3. To establish a mechanism for efficient
coordination of law dissemination and education activities, to bring into play
the responsibilities of branches and levels, to mobilize the comprehensive
strength of the political system and the entire society in order to make the
law dissemination and education a routine and effective work.
4. To socialize the law dissemination and
education work; to bring into play the dynamism, creativeness and collective
responsibility of socio-political organizations, social and professional
organizations, economic organizations, population units, families and all
citizens in law dissemination and education activities.
II. REQUIREMENTS OF THE LAW DISSEMINATION AND
EDUCATION PLAN:
1. To concentrate on propagating urgent and
topical issues according to specialized subjects for each kind of object so as
to serve the political, economic and social requirements and tasks in each
period, each branch and each locality; first of all, to concentrate on
popularizing legal documents, and at the same time conducting field study and
survey to work out measures for the settlement of basic and long-range issues,
such as the master and long-term plans, the orientations for building and
organizing a contingent of cadres specialized in law dissemination and
education and legal consultancy.
2. To regularly, constantly and widely conduct
law dissemination and education for all objects, first of all the State
officials and employees, pupils, students and people in urban, rural and
mountainous areas.
3. The law dissemination and education contents,
forms and measures must be concrete, suitable to each object, and feasible so
as to ensure their efficient implementation in each certain period of time.
4. To link the law dissemination and education
work with the organization of law enforcement and the promotion of the efficacy
of law in daily life. To link the law education with the political,
ideological, moral and cultural education, to attach importance to directing
the enforcement of law in key areas and regions.
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I. LAW DISSEMINATION AND EDUCATION FOR STATE
OFFICIALS AND EMPLOYEES
1. The work of law dissemination and education
must help the State officials and employees:
a/ To firmly grasp fundamental theory on the
State and law in general and knowledge of administrative legislation in
particular; and fundamental knowledge of economic legislation;
b/ To systematically grasp and update themselves
with legal documents related to their managerial and professional activities
according to their titles and positions; to grasp information on the law enforcement
situation;
c/ To raise their ability of applying law to
their respective work and to the performance of public duties, to build up
their confidence in law, sense of strict observance of law, to comply with the
order and procedures for promulgation of legal documents and documents for the
application of law; to heighten their spirit of resolutely protecting the
national order and discipline, the interests of the State, the legitimate
rights and interests of citizens in general and the settlement of complaints
and denunciations in particular.
2. The law dissemination and education contents
must be suited to each object:
a/ For administrative officials and employees,
and cadres of the local administration, it is necessary to popularize them with
administrative legislation, tasks and powers of the State management agencies,
the public duty regime, regulation on civil servants, procedures for the
settlement of complaints and denunciations, and regulation on receiving
citizens; the relationship between the State agencies and political as well as
socio-political organizations.
b/ For State officials and employees of the
ministries and branches involved in economic management, they should be
additionally popularized with the legislation on economic management, the
commercial and civil legislation and international treaties on economic
cooperation between Vietnam and other countries, especially the ASEAN
countries, international and regional organizations which Vietnam has joined.
c/ For officials and employees of the
law-enforcement agencies, they must additionally be disseminated with the
legislation on ensuring the citizens' rights to freedom and democracy,
legislation on legal procedures and order of examination and inspection; their
close association with organization of the law enforcement and application,
settlement of citizens' complaints and denunciations, and the inspection and
investigation activities, trial and the execution of judgements.
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a/ To foster legal knowledge on specialized
subjects through short-term refresher courses:
- Objects of priority: cadres, officials and
employees regularly dealing with citizens' affairs; cadres, officials and
employees involved in economic management; cadres of local administration.
- Agencies in charge: the Government Commission
for Organization and Personnel shall assume the prime responsibility and
coordinate with the Ministry of Justice, the National Administrative Institute,
the ministries, branches and provincial/municipal People's Committees.
- Implementation tempo:
+ In 1998- Priority shall be given to cadres of
grassroots level.
+ From 1999 onwards- To other objects.
b/ To efficiently exploit the system of legal documents
which have already been updated and kept on file on the Government's
wide-ranging computer network.
- Agencies in charge: The Government's office
shall assume the prime responsibility and coordinate with the Ministry of
Justice in directing the ministries' offices, the offices of the
provincial/municipal People's Committees and Justice Departments.
- Implementation tempo:
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- From 1999 onwards: To step by step conduct the
implementation of the plan in districts and communes.
c/ To formulate and well exploit legal bookcases
in agencies and units:
- Objects of priority: Agencies involved in
economic management and grassroots administration.
- Agencies in charge: Each agency or unit shall
take initiative in implementing the plan under the guidance of the Ministry of
Justice.
- Implementation tempo: From 1998 - All agencies
and units shall simultaneously implement the plan and step by step supplement
it.
d/ To continue including legal contents in the
tests for recruitment, skill grade-promotion, rank promotion and appointment of
State officials:
- Objects of priority: Experts and major
experts.
- Agencies in charge: The Government Commission
for Organization and Personnel shall assume the prime responsibility and
coordinate with the National Administrative Institute and the Ministry of
Justice.
- Implementation tempo:
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- From 1999 onwards - To organize examinations
on specialized legislation contents, suited to each object.
e/ To compile self-study materials on legal
matters according to the law dissemination and education contents suited to
each object.
- Objects of priority: Middle- and high-ranking
cadres.
- Agencies in charge: The National
Administrative Institute shall assume the prime responsibility and coordinate
with the Ministry of Justice and the Government Commission for Organization and
Personnel.
- Implementation tempo:
+ In 1998- To compile materials.
+ From 1999 onwards- To widely distribute such
materials.
f/ To work out standard programs on legal
training and fostering for cadres and employees of the National Administrative
Institute and political schools in the cities and provinces directly under the
Central Government:
- Objects of priority: Experts and major experts
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- Implementation tempo:
+ In 1998 - To work out programs.
+ From 1999 onwards: To compile teaching
materials, conduct experimental teaching, then actual teaching.
II. LAW EDUCATION FOR PUPILS AND STUDENTS
1. The law education contents should be
determined for each type of pupils and students:
a/ For primary shool pupils (grade 1 to 5), in the
immediate future, to study, survey and prepare legal contents suited to primary
education and closely linked with moral education; to universalize the most
fundamental legal knowledge related to the pupils' life and study as well as to
common code of conduct in families, on streets, at schools...
b/ For pupils of junior high-schools (grade 6 to
9), in the immediate future, to continue the universalization of legal
rudiments already included in the curricula. It is also necessary to conduct
study and survey in order to amend or supplement such curricula to make them
suited to the pupils of different age groups and comply with current provisions
of law.
c/ For pupils of senior high-schools (grade 10
to 12), in the immediate future, to continue the universalization of the legal
rudiments already included in the existing curricula. To prepare for study and
survey so as to make suitable amendments and supplements, paying attention to
equipping them with fundamentals on the State and law, the citizens' rights and
obligations and legal relations in some fields essential to life, such as:
civil, penal, labor and economy, marriage and family, and at the same time,
associating them with such legislation-related current issues as the prevention
and combat against crimes, social evils, environmental protection...
d/ For pupils of intermediate vocational
training schools, to continue studying and supplementing the curricula to make
them suitable, focusing on equipping students with popular and more systematic
legal knowledge as compared with the curricula for pupils of senior-high
schools, linking them with specialized branches and occupations which the
students are being trained in so that they may apply such knowledge in their
daily life.
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2. Measures, responsibility assignment and
implementation tempo:
a/ To work out and implement law education
programs
- In 1998:
To survey, study and work out programs that
include legal contents in the moral education subject in order to universalize
law education among pupils of primary education.
To continue the implementation of the existing
law education programs which have been incorporated in the citizenship
education study subject (for grades 8, 9 and 12); to study and work out a plan
on amending the existing programs, supplementing the law education programs for
pupils of grades 6, 7, 10 and 11 along the direction of incorporating the legal
contents in the citizenship education study subject.
To continue the implementation of the law
education program for pupils of intermediate vocational training schools.
- From 1999 onwards:
To survey and study the situation on the
teaching of the "Rudimentary legislation" subject in non-law
universities and colleges.
To survey and study the elaboration of law study
program exclusively for students of the Social Sciences and Humanity
University, and teacher-training universities so that the graduates therefrom
may undertake the law teaching in universities.
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To organize, first on a trial basis then step by
step en masse, final examinations on the citizenship education subject at the
general education schools and final examinations on law subject in intermediate
vocational training schools.
To experimentally then fully implement the
standard program on law education for different education levels.
To study and work out a standard curriculum for
the rudimentary legislation subject, which shall be uniformly used in
universities and colleges (non-vocational ones)
To study the elaboration of specialized-law
education programs in intermediate vocational training schools, universities
and colleges.
b/ To build up and consolidate the contingent of
teachers.
- In 1998:
To conduct basic survey and examination of the
situation on the contingent of citizenship education and law teachers in
general education schools, intermediate vocational training schools,
universities and colleges.
To work out and implement a plan on in-service
training and rotatory training; to organize refresher courses on legal matters,
and to issue certificates to law and moral education teachers in primary
schools.
To work out suitable regulations and policies on
commendation for teachers who are devoted to law education. To work out regulation
on priorities to be given to law teachers in deep-lying, remote areas and areas
of ethnic minorities.
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To step by step standardize the contingent of
law teachers in intermediate vocational training schools, universities and
colleges.
To organize contests for teachers who are good
at teaching law, citizen education and moral education in each area, region and
in the whole country.
c/ To fully supply books and reference materials
for teachers and pupils.
- In 1998:
To study the establishment of an inter-branch
Justice - Education and Training Council for the compilation of law textbooks.
To organize the readjustment of the existing
textbooks for citizen education and law education.
To elaborate a plan for the compilation of
standard law textbooks.
To experimentally compile a number of reference
books.
- From 1999 onwards:
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To continue improving the contents of reference
materials and books for law teaching and learning.
d/ Extra-curricular law education activities
- In 1998:
To implement a pilot program on the
socialization of law education through cultural, artistic and traditional
collective activities in the law-related clubs for pupils and students.
To organize law quizzes between schools, classes
and population quarters;
To organize law seminars so as to raise the
sense of law observance and prevent law offenses among pupils and students.
- From 1999 onwards:
To make extra-curricular law education
activities a routine.
To launch a movement for pupils' and students'
participation in the maintenance of social order and security and the law
protection through Youth Union's and Young Pioneers' activities.
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III. LAW DISSEMINATION AND EDUCATION FOR PEOPLE
OF ALL STRATA
1. On the law dissemination contents.
a/ For all objects, it is necessary to
disseminate the legislation on the right to participation in the management of
the State; the right to supervision of activities of State agencies and
officials; the right to vote and stand for election; the right to labor and
freedom of business; the obligation to abide by the Constitution and law; the
obligation to respect for and protect the entire people's properties and public
interests; the obligation to pay taxes and do public-utility labor, as well as
other fundamental rights and obligations of citizens.
b/ For the youth, they should be additionally disseminated
with the legal knowledge about: marriage and the family; the obligation to be
loyal to the Fatherland; the obligation to do military service; the prevention
and fight against social evils; traffic safety; criminal crimes, and measures
to prevent and fight crimes; administrative responsibilities and measures to
prevent violations of administrative regulations.
c/ For women, they should be additionally
disseminated with the knowledge about: marriage and the family; the right to
equality between men and women in all domains, political, economic, cultural,
social and family; labor safety and hygiene; protection, care and education of
children.
d/ For peasants, they should be additionally
disseminated with the legal knowledge about: the land use right; agricultural
taxes; civil transactions in the communal life; marriage and the family and
household registration; the fight against gambling, outmoded and backward
customs and practices.
e/ For urban population, they should be
additionally disseminated with the legal knowledge about: the rules of
community activities in urban areas; environmental protection; the right to
business and management of business activities; traffic safety; social order
and safety; the regulations on project construction; the right to use and own
dwelling houses; the right to use residential land; the protection of public
facilities and dikes.
f/ For laborers in enterprises, they should be
additionally disseminated with the legal knowledge about: labor contracts,
collective labor agreements; labor safety and hygiene; social insurance; labor
discipline and insurance; material responsibility in violations of labor
discipline; organization and operation of trade unions; and procedures for the
settlement of labor disputes.
g/ For people in mountainous areas, they should
be additionally disseminated with the legal knowledge about: the protection and
development of forests; drug prevention and combat; fight against outmoded and
backward customs and practices, promotion of fine traditions; civil
transactions in the communal activities in coordination with fine traditions;
marriage, the family and household registration.
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a/ To organize a network of law lecturers, to
include the legal contents into activities of cultural propaganda teams, and to
combine law propaganda with humanitarian and charitable activities, with hunger
elimination and poverty alleviation.
- Objects of priority: Rural and mountainous
areas.
- Agencies in charge: The Ministry of Justice
shall assume the prime responsibility and coordinate with the Ministry of
Culture and Information in directing local justice, culture and information
services for implemetation.
- Implementation tempo:
+ In 1998: To strengthen the contingent of
lecturers and propagandists, to experimentally execute the plan.
+ From 1999 onwards: To regularly implement the
plan in all localities.
b/ To compile leaflets with brief and concise
legal contents and distribute them to people.
- Agencies in charge: The Ministry of Justice
shall compile the contents and the People's Committees of different levels
shall take charge of the printing and distribution thereof.
- Implementation tempo:
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- From 1999 onwards - To compile and distribute
leaflets with other contents.
c/ To develop the public-addressing system,
bulletin boards and information stations at population quarters so as to
include legal contents in the information.
- Agencies in charge: The Ministry of Culture
and Information shall assume the prime responsibility and coordinate with the
Ministry of Justice in directing the implementation of the plan.
- Implementation tempo:
+ In 1998 - To increase the volume of legal
information on the existing public-addressing networks, bulletin board and
information stations.
+ From 1999 onwards - To expand the
public-addressing networks, to erect new bulletin boards and information
stations in all population quarters so as to increase the vulume of legal
information.
d/ To increase the amount of time of television
and radio broadcasting and the number of newspapers' pages for the explanation
of the provisions of law related to each object.
- Agencies in charge: the Ministry of Culture
and Information shall assume the prime responsibility and coordinate with the
Ministry of Justice in directing television and radio stations and newspapers
for implementation.
- Implementation tempo:
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+ From 1999 onwards - To expand the scope of
dissemination of legal documents.
e/ To foster legal knowledge and information for
judicial boards of wards and communes, heads of villages and mountain hamlets,
village elders and conciliators so that they may efficiently take part in law
dissemination and education.
- Agencies in charge: The Ministry of Justice
shall assume the prime responsibility and coordinate with the Ministry of
Culture and Information.
- Implementation tempo:
+ In 1998 - To compile legal information
documents and distribute them to communal/ward judicial boards, heads of
villages and mountain hamlets, village elders and conciliators; to organize
training courses in districts and communes; to experimentally include legal
contents into traditional activities in some localities.
+ From 1999 onwards - To ensure the adequate
provision of information on legal documents related to the people's life in and
activities each region for the above-mentioned objects.
f/ To step up the free-of-charge provision of
legal consultancy for the poor and other social policy beneficiaries.
- Agencies in charge: The Ministry of Justice
shall direct provincial/municipal Justice Departments for implementation.
- Implementation tempo:
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+ From 1999 onwards- To set up legal support
centers in the remaining provinces and cities directly under the Central
Government. To expand the network of legal-support collaborators to district
and communal levels.
g/ To widely distribute legal bulletins issued
by judicial bodies.
- Agencies in charge: The Ministry of Justice
and the local justice offices.
- Implementation tempo:
+ In 1998 - To improve the existing bulletins,
to publish and distribute legal bulletins to communes of mountainous provinces
and provinces of the Mekong river delta.
- From 1999 onwards - To publish bulletins in
all provinces and cities and distribute them to all villages, mountain hamlets
and population quarters.
IV. LAW DISSEMINATION AND EDUCATION FOR
ENTERPRISE OWNERS, MANAGERS AND TRADE UNION CADRES
1. Regarding the contents, in addition to the
dissemination of common legal knowledge, enterprise owners, managers and trade
union cadres in enterprises of all economic sectors must be disseminated with
specialized legal knowledge related to the fields of their production and
business management.
a/ For State enterprises, the law dissemination
should focus on: the State ownership and the rights and obligations of State
enterprises; foreign investment; civil contracts, labor contracts, collective
labor agreements, and application skills; labor, and measures to prevent
violations of the labor legislation; taxation, finance, banking and measures to
prevent violations thereof; the prevention of economic crimes, the protection
of socialist properties, administrative sanctions and handling of criminal
cases in business activities; organization and operation of trade unions;
procedures for the settlement of labor disputes.
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2. Measures, tempo and assignment of
responsibilities for implementation
a/ To open refresher courses on legal knowledge.
- Objects of priority: State enterprises.
- Agencies in charge: The Ministry of Planning
and Investment shall assume the prime responsibility and coordinate with the
Ministry of Justice and the concerned ministries and branches.
- Implementation tempo:
+ In 1998 - To open courses for big enterprises
and enterprises having business relations with foreign parties.
+ From 1999 onwards - To continue opening
courses for managerial cadres of other enterprises.
b/ To provide necessary information on
inspection results and the law enforcement situation in enterprises.
- Objects of priority: State enterprises.
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- Implementation tempo:
+ In 1998 - To provide information on inspection
results of typical cases in such fields as taxation, banking, import and
export.
+ From 1999 onwards - To expand the scope of
provision of necessary information.
V. LAW DISSEMINATION AND EDUCATION IN THE
PEOPLE'S ARMED FORCES
The law dissemination and education contents in
the people's armed forces shall be directed by the Ministry of Defense and the
Ministry of the Interior after consulting the Ministry of Justice for
implementation.
C. ORGANIZATION OF
IMPLEMENTATION
The plan on law dissemination and education
during the Government's term from 1998 to 2002 is a master plan which may be
readjusted and supplemented so as to be suited to each period.
Basing themselves on the contents, measures and
tempo of law dissemination and education provided for in this plan, the
ministries, branches, local authorities and levels shall draw up their detailed
plans in order to step up the law dissemination and education work.
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THE PRIME MINISTER
Phan Van Khai