Quyết định 06/2010/QD-TTg

DECISION

ON THE ESTABLISHMENT, MANAGEMENT AND EXPLOITATION OF LAW BOOKCASES

PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Resolution No. 61/2007/NQ-CP of December 7,2007, on further implementation of Directive No. 32-CT/TW of December 9, 2003, of the Secretariat of the Party Central Committee (the IX^th Congress) on enhancement of the Party leadership in law dissemination and education and raising of officials' and people's sense of law observance;
Pursuant to the Government's Decree No. 93/ 2008/ND-CP of August 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
At the proposal of the Minister of Justice,

DECIDES:

Article 1. Scope of regulation and subjects of application

This Decision provides for the establishment, management and exploitation of law bookcases of People's Committees of communes, wards or townships (referred collectively to as commune law bookcases) and law book cases in state administrative agencies, economic organizations, non-business units, people's armed forces units, schools and other educational institutions of the national educational system, of state agencies, socio-political organizations and people's armed forces (referred collectively to as law bookcases in agencies and units).

Article 2. Interpretation of terms

1. Law bookcase means the place where law books, newspapers and documents are archived, exploited and used to meet working, studying and inquiring needs of readers.

2. Commune law bookcase means the place where law books, newspapers and documents are archived, exploited and used to serve professional work of cadres, local administration officials and mass organizations at the grassroots level and in public law inquiries with a view to helping intensify law dissemination and education and the exercise of democracy at the grassroots level.

3. Law bookcase in an agency or unit means the place where law books, newspapers and documents are archived, exploited and used to serve the law study and inquiry by cadres, civil servants, public employees, teachers, learners, employers, employees, and officers and men of people's army and the people's public security forces.

Article 3. Principles on establishment, management and exploitation of law bookcases

1. Establishment of law bookcases in communes, agencies and units is a form and measure of law dissemination and education, combined with the establishment of places for cultural activities in localities, agencies and units, ensuring their stable long-term operation, with a view to raising the effectiveness of the establishment, management and exploitation of existing law bookcases.

2. Law book cases in communes, agencies or units must be located in places convenient for reading and loan of law books, newspapers and documents.

3. The establishment, management and exploitation of law bookcases should be carried out in forms and with measures suitable to particularities of each region, area, agency or unit and must ensure thrifty and effective use.

4. Commune People's Committees, agencies and units issuing decisions on the establishment of law bookcases shall directly manage the bookcases. Judicial agencies and legal affair organizations shall provide professional guidance on the establishment, management and exploitation of law book cases.

Article 4. Fund for the establishment and management of law book cases

1. Fund for the establishment and management of commune law bookcases will be allocated from commune budgets; provincial and district budgets are encouraged to support the construction of, and addition of books, newspapers and documents to, commune law bookcases.

Annually, based on the characters of each region or area and the population of each commune, ward or township, chairpersons of provincial-level People's Committees shall specify the spending level for each commune law bookcase, which must be at least VND 2 million/ year. For communes in poor districts under the Government's Resolution No. 30a/2008/NQ-CP of December 27, 2008, on the program in support of fast and sustainable poverty reduction for 61 poor districts, higher levels can be set in order to ensure adequate books and documents for rotation among hamlets and villages.

2. Fund for the establishment and management of law bookcases in agencies or units shall be estimated in the annual budgets of agencies or units managing such law bookcases in accordance with the law on finance.

3. Organizations and individuals are encouraged to contribute funds for the establishment of law bookcases.

4. Funding sources for the establishment and management of law bookcases:

a/ For provinces and centrally run cities which can balance their own budgets, local budget revenues will be allocated and used for the establishment and management of local law bookcases;

b/ For provinces which cannot yet balance their own budgets, the central budget shall provide the fund;

c/ For communes of poor districts under the Government's Resolution No. 30a/20()8/NQ-CP of December 27,2008, on the program in support of fast and sustainable poverty reduction for 61 poor districts, the central budget will provide the fund.

Article 5. Establishment of law bookcases

1. Decisions on the establishment of law bookcases

Chairpersons of commune, ward or township People's Committees, heads of agencies and units shall issue decisions on the establishment of law bookcases. Such a decision should specify the location of the law bookcase, person in charge, scope of service and readers, powers and tasks of the person in charge of the bookcase, and fund for the establishment of the bookcase.

2. Locations of law bookcases Commune law bookcases will be located in citizen reception rooms or "one-stop shop" administrative procedure rooms of commune People's Committees or in other places which, however, must be convenient for the exploitation and management thereof. Law bookcases in agencies or units will be located in places convenient for readers.

3. Kinds of books, newspapers and documents in law bookcases

a/ Kinds of books, newspapers and documents in law bookcases in communes, agencies or units should be selected to suit the socio-economic conditions of each locality, agency or unit and readers. Law bookcases in mountainous regions and areas inhabited by ethnic minority people will be added with law books and documents in ethnic minority languages.

b/ Law bookcases contain the following law books, newspapers and documents:

- Legal normative documents: Legal documents directly related to people and activities of local agencies, units or administrations:

- Common legal documents: Books of questions and answers, comments or explanations on laws and regulations on citizen rights and obligations; leaflets, brochures, tapes and discs for law dissemination purposes;

- Cong Bao (Official Gazette) of the Socialist Republic of Vietnam; central and local law papers and bulletins.

c/ In addition to books, newspapers and documents defined at Point b, Clause 3 of this Article, a commune law bookcase also contains books and documents guiding local administrations' professional work, administrative, grassroots judiciary activities; a law bookcase in an agency or unit contains law books and documents serving the management, professional guidance, teaching and study of the agency or unit.

Law bookcases in communes, agencies and units should be regularly and selectively added with other kinds of books, newspapers and documents to satisfy readers' needs.

4. Addition of legal documents and law books and newspapers to law bookcases

Under the periodical guidance of the Ministry of Justice, law book cases should be timely added with new legal documents and law books and newspapers; be regularly examined, and law books and documents shall be arranged in a systematic manner.

5. Organizations and individuals will be mobilized to participate in, and contribute to, the establishment of law bookcases.

To encourage diversification of law bookcases. To collect law books, newspapers and documents available among cadres and people for the establishment of law bookcases; to encourage domestic and foreign organizations and individuals, particularly press agencies, publishers and enterprises, to supply law books and documents and provide funds for law bookcases.

6. To intensify the application of information technology to the exploitation of legal documents.

a/ To digitalize law books, documents and information on electronic law bookcases;

b/ To continue with Internet connection for communes, wards, townships, agencies and units where the Internet is not yet available. To allocate state budget funds and mobilize resources for the establishment of law databases and development and application of information technology to law dissemination and education;

c/ To supply via the Internet network of commune People's Committees, agencies and units legal normative documents and necessary legal materials for law bookcases, proceeding to combine traditional with electronic law bookcases;

d/ To actively train and guide cadres and people in using the Internet for the exploitation of electronic law bookcases.

Article 6. Management of law bookcases

1. Law books, newspapers and documents shall be recorded and preserved under state regulations on public assets.

2. Those who cause loss of or damage to law books, newspapers or documents shall compensate therefor according to regulations.

Article 7. Staff in charge of law bookcases

1. Staff in charge of law bookcases

a/ Staff in charge of commune law bookcases are Justice-Civil Status officers or officers assigned with judicial tasks in communes, wards or townships;

b/ For law book cases in agencies or units, part-timers or full-timers in charge of law bookcases will be arranged, depending on their specific conditions.

2. Obligations of staff in charge of law bookcases

a/ To estimate the initial fund for the establishment of, annual fund for addition of law books, newspapers and documents to, law bookcases and organize the spending thereof after they are approved;

b/ To formulate Regulations on operation of law bookcases and submit them to competent authorities for approval;

c/ To preserve law books, newspapers and documents under regulations on public assets; to loan, and guide the use of, law books, newspapers and documents; to monitor the loan, return and transfer of law books, newspapers and documents;

d/ To annually inventory law books, newspapers and documents; to make biannual and annual reports or upon request on the management and exploitation of law bookcases.

3. Benefits of staff in charge of law book cases

a/ To be provided with professional guidance on the establishment, management and exploitation of law bookcases, and with legal knowledge;

b/ To be commended according to law for outstanding achievements in the establishment, management and exploitation of law book cases and law dissemination and education.

Article 8. Exploitation of law bookcases

1. Regulations on operation of law bookcases

a/ Regulations on operation of law bookcases must contain the following major contents:

- Service time;

- Service forms;

- Powers and responsibilities of staff in charge of law bookcases;

- Responsibilities of readers and loanees to preserve law books, newspapers and documents and to pay compensation for loss of, or damage to, law books, newspapers or documents.

b/ Regulations on operation of law bookcases shall be posted in places where law bookcases are located.

2. Service time

Law bookcases open for daily service during the working time of commune People's Committees, agencies or units. Where conditions do not permit the service during the working time, the commune People's Committees, agencies or units shall clearly stipulate the service day and time for readers.

3. Service form

Law bookcases serve on-spot reading and loaning.

4. Methods of exploitation of law book cases

a/ Regularly propagating the position and role of law bookcases in improving the legal knowledge and law observance sense of officials and people; mobilizing and recommending officials and people to come for study and reading of law books, newspapers and documents;

b/ Promptly notifying the contents of new law books, newspapers and documents on notice boards, stations and public-address systems of communes, wards, townships, agencies or units in order to create favorable conditions for readers to inquire into, read or get on loan law books, newspapers and documents from law bookcases;

c/ Actively introducing law books, newspapers and documents, club activities, law quizes in order to promote the exploitation of law bookcases;

d/ Exchanging and rotating law books and documents among law bookcases in communes, wards or townships.

Article 9. Organization of implementation

1. The Ministry of Justice

a/ To direct and guide the establishment, management and exploitation of law bookcases in communes, agencies and units:

b/ To direct and guide provincial-level Departments of Justice, legal affairs organizations of ministries, ministerial-level agencies or mass organizations in advising the People's Committees of the same level, ministries, ministerial-level agencies or mass organizations on the implementation of this Decision; to urge and monitor authorities at different levels and branches to effectively implement the Decision and make annual review reports to the Prime Minister;

c/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in. directing and guiding forms and measures of establishing, managing and exploiting law bookcases according to specific conditions of each locality; the improving coordination among sectors in the exploitation and use of law bookcases; professionally guiding the establishment, management and exploitation of law bookcases;

d/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in. guiding the rotation of law books and documents between commune law bookcases and law bookcases of other types in communes, wards or townships:

e/ To assume the prime responsibility for, and coordinate with concerned ministries and branches in. guiding categories of law books, newspapers and documents in law bookcases defined in Clause 3. Article 5 of this Decision;

f/ To establish electronic law bookcases and softwares of electronic law bookcases on the Internet for updating legal documents, books, newspapers and information to serve people's law inquiries;

g/ To biannually make lists of necessary law books, newspapers and documents and supply them to provincial-level Departments of Justice, legal affairs organizations of ministries, ministerial-level agencies, mass organizations; to formulate model Regulations on operation of law bookcases:

h/ To compile legal and professional documents guiding the establishment, management and exploitation of law bookcases;

i/ To coordinate with the Ministry of Finance in periodically reviewing, amending or supplementing regulations on funds for the establishment, management and maintenance of law bookcases;

j/ To inspect, organize preliminary and final reviews and commend or propose competent authorities to commend collectives and individuals with outstanding achievements in the establishment, management or exploitation of law bookcases; to discipline violators and handle violations in the establishment, management and exploitation of law bookcases.

2. The Ministry of National Defense and the Ministry of Public Security shall direct, manage and coordinate with the Ministry of Justice in guiding, the establishment, management and exploitation of law bookcases in units of the people's army and the people's public security forces.

3. The Ministry of Education and Training shall direct and manage, and coordinate with the Ministry of Justice in guiding the establishment, management and exploitation of law bookcases in schools.

4. The Ministry of Labor. War Invalids and Social Affairs shall direct and manage and coordinate with the Ministry of Justice in guiding the establishment, management and exploitation of law bookcases in educational institutions, vocational training establishments, social relief establishments, institutions nurturing people with meritorious services to the country and other social establishments according to the state management function of the Labor, War Invalids and Social Affairs sector.

5. The Ministry of Culture. Sports and Tourism shall direct and manage, and coordinate with the Ministry of Justice in guiding the establishment, management and exploitation of law bookcases in its agencies and units.

6. The Ministry of Information and Communications and Vietnam Post and Telecommunications Group (VNPT) shall direct and manage and coordinate with the Ministry of Justice in guiding the application of information technology to the exploitation of legal documents.

7. Vietnam Television Station and the Voice of Vietnam Radio Station and other mass media agencies at the central and local levels shall intensify the propagation of the position and role of law bookcases; mobilize and recommend officials and people to come to law bookcases for reading or getting on loan law books, newspapers and documents.

8. The Ministry of Finance

a/ To assume the prime responsibility for. and coordinate with the Ministry of Justice in. periodically reviewing and proposing amendments or supplements to current regulations on the fund for the establishment and management of law bookcases;

b/ To guide localities in estimating the funds and identifying funding sources, paying and finalizing funds for the establishment, management and maintenance of law bookcases according to law.

9. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their respective functions and tasks, direct the establishment, management and effective exploitation of law bookcases in agencies or units under their respective management; renew and raise the quality of the establishment, management and exploitation of law bookcases; supply funds from construction budgets and add in time law books, newspapers and documents for law bookcases; check, organize preliminary and final reviews and commend or propose the commendation of collectives and individuals with outstanding achievements in the establishment, management and exploitation of law bookcases; discipline violators and handle violations in the establishment, management and exploitation of
law bookcases.

10. The Vietnam Fatherland Front Central Committee and member organizations of the Front shall mobilize people, organizations and individuals at home and abroad to participate in the establishment of law bookcases; direct, manage and coordinate with the Ministry of Justice in guiding the establishment, management and exploitation of law bookcases under their respective management; check, organize preliminary and final reviews and commend or propose the commendation of collectives and individuals with outstanding achievements in the establishment, management and exploitation of law bookcases; discipline violators and handle violations in the establishment, management and exploitation of law bookcases.

11. The Vietnam General Confederation of Labor shall direct and manage and coordinate with the Ministry of Justice in guiding the establishment, management and exploitation of law bookcases in agencies and enterprises.

12. The People's Committees of provinces or centrally run cities

a/ To direct, guide, urge and monitor local authorities at different levels and sectors to effectively implement with efficiency this Decision;

b/ To renew and raise the quality of the establishment, management and exploitation of law bookcases; to diversify forms of law bookcases; to intensify the application of information technology to the exploitation of legal documents; to rotate law books and documents among law bookcases in communes, wards or townships;

c/ To direct the systematization of legal documents promulgated by local administrations and supplied to law bookcases; to compile proper professional and legal documents for local law bookcases;

d/ To direct the arrangement of Justice- Civil Status officers assigned judicial tasks in communes, wards or townships to take charge of commune law bookcases; to adopt policies on professional training in the establishment, management and exploitation of law bookcases with a view to meeting the requirements of judicial activities, including local law bookcases, in the new situation;

e/ To supply funds from the establishment and maintenance budgets for. and promptly add law books, newspapers and documents to, commune law bookcases; to encourage financing of the establishment and maintenance of law bookcases:

f/ To check, organize preliminary and final reviews and commend or propose the commendation of collectives and individuals with outstanding achievements in the establishment, management and exploitation of law bookcases: to discipline violators and handle violations in the establishment, management and exploitation of law bookcases.

Article 10. Effect

This Decision takes effect on April 2, 2010.

Article 11. Implementation responsibility

Ministers, heads of ministerial- level agencies, heads of government-attached agencies, and chairpersons of provincial-level People's Committees shall implement this Decision.-