Quyết định 11/2004/QD-BTS

DECISION

REGARDING THE APPROVAL OF PROGRAM ON THE STRENGTHENING OF LAW ADVOCACY AND EDUCATION WITHIN FISHERIES SECTOR

MINISTER OF FISHERIES

Pursuant to Decree 43/2003/ND-CP dated 2 May 2003 of the Government regulating the mandate and authorities as well as organizational structure of the Ministry of Fisheries;
Pursuant to the Directive 32-CT/TW dated 9 December 2003 of the Secretarial Board regarding the strengthening of the Party leadership in the law advocacy and education, raising the awareness of legal enforcement of officials and people;
Pursuant to the Decision 13/2003/QD-TTg dated 17 January 2003 of the Prime Minister regarding the approval of program on law education and advocacy for period 2003 - 2007;
Upon request of the Director of Legal Department;

HAS DECIDED

Article 1. Approving the program on the strengthening of law advocacy and education in fisheries sector.

Article 2. This Decision shall come into force 15 days after being posted on Official Gazette.

Article 3. Directors of Departments, Directorates, Inspection, Cabinet, and administrative units under the Ministry of Fisheries, Trade Union of Fisheries, heads of Fisheries Departments, Departments of Agriculture and Rural Development in charge on fisheries management, shall be responsible in implementation of this Decision.

PROGRAM

ON THE STRENGTHENING OF LAW ADVOCACY AND EDUCATION IN FISHERIES SECTOR
(in accompanying with Decision 11/2004/QD-BTS dated 21 May 2004 of the Minister of Fisheries)

I. THE NEED FOR WORK ON LAW ADVOCACY AND EDUCATION

Over years, the work on law advocacy and education has been paid due attention by the Party and the State which is seen as focal work in the strengthening of social management by means of law and contribution to the awareness raising and compliance with the Constitution and law.

Fisheries sector of is a spearhead sector. The officials and public servants and participants engaged in the fisheries activities are those who need profound understanding of legal regulations, especially rules related to the State management, rights and obligations of the individuals and those directly related to the specialized activities such as fishing operations, aquaculture, processing, fisheries logistic services and other applicable legislation such as environmental protection.

However, the law advocacy and education in the fisheries sector has not been regularly performed. The law understanding of the public servants and fish workers within the sector is quite limited. In order to build a law State which is exercising State management by means of law, it is necessary to enhance the law advocacy and education work so as each public servants and fish workers within fisheries sector get access to the law knowledge.

II. OBJECTIVE AND REQUIREMENT

The objective and requirement are as follows:

- The content of legal documents is informed timely and sufficiently. The understanding and law compliance awareness of the public servants and fish workers in fisheries sector are improved so that they can use law to protect legitimate rights and interests themselves. Especially, the documents related to the sector’s activities are well informed.

- Means and modalities and methods of law advocacy and education are selected to fit the relevant units, provinces and subjects. The effectiveness of the implementation measures are boosted to ensure the feasibility; the legal advice will be integrated into the dispute and complaint settlement.

- The law advocacy and education work will be effectively combined and integrated into the development programs of the sector. The law advocacy and education work is closed to the dissemination of Party and State policies and strategies; the law formulation and finalization of related legal documents are done effectively. The implementation and monitoring of law enforcement will be carried out to serve the sector’s management and development in accordance with democracy rules.

III. SUBJECTS OF APPLICATION AND IMPLEMENTATION CONTENT, MODALITIES AND MEASURES

1. Subjects of application

The officials and public servants in charge of management work in fisheries sector, fisheries-related enterprises, fish workers in the fisheries sector shall be subject to implementation.

2. Content

The officials and public servants shall inform and know well the regulations on officials and public servants, to conduct thrifty practices, to fight against corruption, to integrate into the international economics, to perform rules on democracy in the institutions.

The enterprises should disseminate regulations on finance, labor, economics, trade, investment and economic integration.

Fish workers should be well informed of regulations which directly relate to their livelihoods and occupations.

The Fisheries Law should be critically advocated together with sub-laws and relevant documents, international treaties (i.e. Cooperation Agreement on Fisheries in between and ; Agreement on the water border demarcation between and , other agreements, MoU on bilateral arrangements with , and the ) to the proper individuals and provinces.

3. Implementation modalities and measures

The proper implementation modalities and measures will be applied in accordance with proper subjects, provinces and localities.

The newly-issued legal normative documents will be introduced directly, especially ones related to the fisheries activities.

The types and measures of advocacy work should be developed in diversify manner meeting the requirements of the individual subjects such as via meetings, workshops. Mass media should be coordinated to carry the legal contents. Booklets on fisheries legislation will be publicized together with leaflets.

Legal bookcases from central to local levels should be set up in provinces and enterprises.

The contest on understanding of law, cultural exchange should be conducted and integrated with legal dissemination.

The utilities of webpage and network of the Government, Ministries should be used efficiently. Legal documents will be loaded on internet. The webpage of Legal Department should be enhanced to provide consultation on law, Q&A on legal matters in order to broadly disseminate the law to people from all walks of life.

The legal sessions should be conducted in the units and occupational associations.

The teaching and learning quality should be improved in the schools and universities under the ministry’s management jurisdiction. The Rector’s Board should be cooperated to carry out law education subjects and to improve the activities related to law dissemination and education.

The quality and effectiveness of the legal keynote speakers shall be improved, the group of legal keynote speakers from central to grassroots levels shall be strengthened (legal staff are available in Fisheries Department and enterprises specialized in fisheries).

IV. IMPLEMENTATION

The Steering Committee on the law advocacy and education of the Ministry of Fisheries (hereinafter referred to as the Steering Committee) shall be set up with representatives from functionary units, departments, directorates (Legal Department, NADAREP, Inspection, Cabinet, Trade Union of Fisheries) and headed by a leader of the Ministry. The leadership of the Legal Department will act with the Vice Head of the Steering Committee. An expert group will be set up to assist the Steering Committee in the organization of law advocacy and education on regular basis.

- Legal Department will be in charge of chairing and coordinating with relevant units under the Ministry of Fisheries to design specifically the annual plan for the Steering Committee to submit to the Minister for approval and will head the performance of law advocacy and education. It shall propose the effective implementation measures and coordinate with units, Departments and enterprises to accomplish the staff group in charge of legal matters in general and of law education and advocacy in particular.

- Units within their jurisdiction and expertise will coordinate with Legal Department to make a list of legal keynote speakers, to hold training courses in accordance with specialized topics covered by their units.

- The cabinet will coordinate with Legal Department to set up legal bookcases and propose measures to boost the law education and advocacy work on mass media.

- Training units under the Ministry will insert the fisheries-related legislation into the cirriculum in proper manner, it will coordinate with Legal Department and Department of Personnel and Organization to provide refresher courses for staff of fisheries sector.

- Units in charge of information work under the Ministry of Fisheries will coordinate with Legal Department and Cabinet to timely carry the legal information and new  fisheries-related legal normative documents related.

- Department of Finance and Planning will coordinate with Legal Department and Cabinet to estimate the State budget annually and coordinate with Programs and Projects of the sector to spend budgets for law education and advocacy work of the Ministry.

- Trade Union of Fisheries will take part in and closely coordinate with the Steering Committee on law advocacy and education of Ministry of Fisheries, will carry out fisheries law dissemination and education to branches of Trade Union in provinces; will hold contest of law understanding and training courses to raise the law understanding of fish workers in Trade Union within fisheries sector.