Nghị định 13/2021/ND-CP

DECREE

ON DIALOGUES WITH THE YOUTH AND MECHANISMS, POLICIES AND MEASURES FOR IMPLEMENTATION OF POLICIES FOR YOUTHS AGED BETWEEN FULL SIXTEEN AND EIGHTEEN YEARS OLD

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

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

Pursuant to the Youth Law dated June 16, 2020;

At the request of the Minister of Home Affairs,

The Government hereby promulgates a Decree on dialogues with the youth and mechanisms, policies and measures for implementation of policies for youths aged between full sixteen and eighteen years old.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for dialogues with the youth and mechanisms, policies and measures for implementation of policies for youths aged between full sixteen and eighteen years old.

Article 2. Regulated entities

This Decree is applicable to the youth; regulatory bodies, organizations, educational institutions, families and individuals relevant to youths.

Article 3. Resources for implementation

1. Dialogues with the youth and mechanisms, policies and measures for implementation of policies for youths aged between full sixteen and eighteen years old shall be covered  by existing state budget according to the Law on State Budget.

2. Youth organizations may mobilize donations, sponsorship and other lawful contributions from domestic and foreign organizations, enterprises and individuals to implement policies for youths aged between full sixteen and eighteen years old.

Chapter II

DIALOGUES WITH THE YOUTH

Article 4. Rules for dialogues with the youth

1. Abide by guidelines of the Communist Party and state policies and law in organizing dialogues with the youth;

2. Respect and listen to opinions and wishes of the youth.

3. Ensure transparency, timeliness and compliance with the law.

Article 5. Responsibility for dialogue organization

1. The Prime Minister and Chairpersons of People’s Committees at all levels shall organize dialogues with the youth at least once a year.

2. Heads of regulatory bodies, organizations and people’s armed forces shall organize dialogues with the youth at the request of the Ho Chi Minh Communist Youth Union, Vietnam Youth Federation, Vietnam National Union of Students and other youth organizations established and operating under the law.

Article 6. Dialogue formats

The Prime Minister, Chairpersons of People’s Committees at all levels and the regulatory bodies, organizations and units mentioned in Clause 2 Article 5 of this Decree have the power to decide whether dialogues with the youth take place in person or online.

Article 7. Dialogue contents

1. Implementation of mechanisms, policies and regulations of law concerning the youth.

2. Activities of regulatory bodies and organizations related to the legitimate rights and interests of the youth.

3. Intra vires contents or responsibility for reporting propositions from the youth to competent authorities for handling.

4. Roles and responsibilities of the youth in learning, working, training, participation in socio - economic development and protection of the Fatherland.

5. Other propositions from the youth.

Article 8. Formulation of dialogue plans and agendas

1. The Ministry of Home Affairs shall take charge and cooperate with the Central Committee of the Ho Chi Minh Communist Youth Union in formulating and proposing plans and agendas of annual youth dialogues to the Prime Minister for consideration and decision.

Regulatory bodies and units in charge of youth affairs shall take charge and cooperate with Ho Chi Minh Communist Youth Unions at the same level in formulating and proposing plans and agendas of annual youth dialogues to Chairpersons of People's Committees at the same level for consideration and decision.

2. Heads of regulatory bodies, organizations and people’s armed force units shall formulate youth dialogue plans at the request of the youth organizations mentioned in Clause 2 Article 5 herein.

3. Ho Chi Minh Communist Youth Union and other youth organizations shall consolidate needs, wishes and propositions of the youth, select topics and cooperate with the regulatory bodies, organizations and units mentioned in Clauses 1 and 2 herein in formulating dialogue plans.

Article 9. Contents of dialogue plans and agendas

1. Contents of dialogue plans include:

a) Objectives and requirements: receive opinions and propositions from the youth concerning formulation and implementation of policies and law; disseminate policies and laws on youth; address issues about legitimate youth rights and interests arising during implementation of state policies and laws on the youth;

b) Time:

The Prime Minister and Chairpersons of People’s Committees at all levels shall organize dialogues with the youth at least once a year in March or at a suitable time;

For dialogue requests from the youth organizations mentioned in Clause 2 Article 5 herein, within 45 days starting from the date of receipt of a request, heads of regulatory bodies, organizations and people’s armed force units shall consider organizing these dialogues.

c) Location: regulatory bodies, organizations and units shall select dialogue venues and make preparations suitable for the dialogue format to enable the youth to participate;

d) Contents: regulatory bodies, organizations and units shall cooperate with Ho Chi Minh Communist Youth Unions at the same level and other youth organizations in selecting dialogue contents from those mentioned in Article 7 of this Decree;

dd) Participants:

Presiding entities: the Prime Minister and Chairpersons of People’s Committees at all levels shall preside over periodic dialogues; heads of regulatory bodies, organizations and units shall preside over dialogues organized at the request of youth organizations;

Participants: representatives of leaders of Ho Chi Minh Communist Youth Unions at the same level; representatives of specialized units of regulatory bodies, organizations and units organizing the dialogue; representatives of youth authorities at all levels; youth representatives introduced by Ho Chi Minh Communist Youth Unions at the same level; and representatives of relevant regulatory bodies, organizations and units.

e) Implementing entities: regulatory bodies, organizations and units organizing dialogues shall assign tasks in plan implementation.

2. Agendas include start time, end time; dialogue contents; and task assignment.

Article 10. Dialogue organization

1. According to published dialogue plans and agendas, regulatory bodies, organizations and units shall take charge and cooperate with Ho Chi Minh Communist Youth Unions at the same level and relevant regulatory bodies in organizing dialogues.

2. Regulatory bodies, organizations and units organizing dialogues shall decide to receive opinions and propositions from the youth in writing, in speech or via mass media or their websites/ web portals as appropriate to the format mentioned in Article 6 herein.

3. Regulatory bodies, organizations and units shall consolidate and arrange issues by topic to address issues within their competence in dialogues and send the remaining to competent authorities for resolution according to regulations.

Article 11. Contents of dialogue conclusions

1. The Prime Minister, Chairpersons of People’s Committees at all levels, regulatory bodies, organizations and units shall draw up and send conclusions of complicated and interdisciplinary matters to relevant regulatory bodies, organizations and units for consideration and resolution as per the law. These conclusions consist of:

a) Issues raised in opinions and propositions of the youth;

b) Opinions and propositions from the youth handled in the dialogue;

c) Opinions and propositions from the youth concerning complicated and interdisciplinary matters sent to competent authorities for consideration and resolution;

d) Assigning regulatory bodies, organizations and units to handle propositions from the youth intra vires.

2. Deadline for promulgation and handling of dialogue conclusions is provided for in Clause 3 Article 10 of the Youth Law.

Article 12. Implementation

1. The Ministry of Home Affairs shall take charge and cooperate with the Central Committee of the Ho Chi Minh Communist Youth Union and relevant regulatory bodies in monitoring, expediting and inspecting organization of dialogues with the youth in their bodies and localities under their management.

2. On an annual basis, heads of regulatory bodies, organizations and units shall report results of dialogue organization and proposition handling to their supervisory bodies.

3. On an annual basis, ministries, ministerial-level agencies, Governmental agencies and People's Committees of provinces and central-affiliated cities shall incorporate results of dialogues with the youth into their reports on state management of the youth and submit these reports to the Ministry of Home Affairs, which will report to the Government as prescribed by law.

Chapter III

MECHANISMS, POLICIES AND MEASURES FOR IMPLEMENTATION OF POLICIES FOR YOUTHS AGED BETWEEN FULL SIXTEEN AND EIGHTEEN YEARS OLD

Article 13. Rules for mechanisms and policies for youths aged between full sixteen and eighteen years old

1. The measures must ensure the adoption of policies provided for in laws and codes.

2. Ensure that regulatory bodies, organizations and individuals implement youth mechanisms and policies in a transparent and lawful manner.

3. Do not allow sex, ethnicity and religion discrimination in implementation of youth mechanisms and policies.

4. The state, local governments, families, regulatory bodies and units shall enable the youth to develop comprehensively as appropriate to their capacity and age.

Article 14. Universalization of education

1. Measures for implementation of policies for universalization of education for youths aged between full sixteen and eighteen years old:

a) Disseminate policies for universalization of education to encourage participation of eligible youths;

b) Review and plan for universalization of education for youths;

c) Monitor and provide guidance on inspection of universalization of education for youths.

2. The Ministry of Education and Training shall:

a) Cooperate with the Central Committee of the Ho Chi Minh Communist Youth Union in disseminating and encouraging youths, especially those in ethnic minority areas and mountainous areas, to participate in universalization of education;

b) Cooperate with People's Committees of provinces and central-affiliated cities in providing direction and guidance on, expediting and inspecting dissemination, encouragement and organization of universalization of education for eligible youths by local governments, educational institutions and vocational education institutions.

3. People’s Committees of provinces and central-affiliated cities shall:

a) Cooperate with the Central Committee of the Ho Chi Minh Communist Youth Union in disseminating and encouraging youths who have not completed lower secondary education to participate in universalization of education;

b) Direct People's Committees at all levels to review and identify the number of youths who have not joined universalization of education; and formulate plans for universalization of education;

c) Proactively allocate and propose funding from local government budget to dissemination, activities, programs, plans and organization of universalization of education for youths to People's Councils at the same level for decision as per existing regulations on budget.

4. Educational institutions and vocational education institutions shall:

a) Cooperate with the Ho Chi Minh Communist Youth Union and families in disseminating and encouraging youths to participate in universalization of education;

b) Provide facilities, schools, classes, teachers and conditions necessary for universalization of education.

5. Families shall enable youths to learn and join universalization of education.

6. Youths aged between full sixteen and eighteen years old who have not joined universalization of education shall complete universalization of education.

Article 15. Cultural, sports and recreational activities

1. Measures for implementation of cultural, sports and recreational policies for youths:

a) Develop and organize cultural, sports and recreational activities suitable for trends, needs and preferences of the youth as well as Vietnamese cultural traditions and moral standards;

b) Incorporate cultural and sports activities into traditional days, festivals and events of localities, educational institutions and vocational education institutions to encourage youths to participate.

2. The Ministry of Culture, Sports and Tourism shall take charge and cooperate with the Ministry of Education and Training, Ministry of Labor - War Invalids and Social Affairs and Central Committee of the Ho Chi Minh Communist Youth Union in providing People's Committees of provinces and central-affiliated cities with guidelines for planning and organizing cultural, sports and recreational activities to encourage the youth to participate, protect and promote cultural and traditional values of the country and embrace the cultural essence of humanity.

The Ministry of Culture, Sports and Tourism shall monitor, expedite and inspect organization of cultural, sports and recreational activities for the youth.

3. People’s Committees of provinces and central-affiliated cities shall:

a) Direct People's Committees at all levels to develop and organize cultural, sports and recreational activities for the youth that promote Vietnamese cultures, cultural traditions, moral standards and fine cultural values and are suitable for the needs, preferences, capacity and age of youths. Enable the youth to protect and enhance traditional cultures of the country;

b) Cooperate with the Ho Chi Minh Communist Youth Union in disseminating and educating on youth responsibilities and obligations and informing about cultural, sports and recreational activities to encourage the youth’s participation.

4. Ho Chi Minh Communist Youth Unions at all levels shall:

a) Cooperate with educational institutions, vocational education institutions, organizations and units in organizing extracurricular activities and cultural, sports and recreational activities suitable for psychological and physiological characteristics of the youth;

b) Enable youths who do not participate in activities in educational institutions and vocational education institutions to participate in cultural, sports and recreational activities according to their preferences and needs.

5. Educational institutions, vocational education institutions and cultural institutions shall:

a) Plan and organize cultural, sports and recreational activities for youths suitable for their talents, preferences, sex, age and health condition. Exercise the youth’s right to join cultural, sports and recreational activities;

b) Formulate and propose plans for allocation of funding and mobilization of other lawful funding sources for cultural, sports and recreational activities for the youth in accordance with the law, cultural traditions and moral standards to competent authorities;

c) Cooperate with the Ho Chi Minh Communist Youth Union in organizing cultural, sports and recreational activities to educate on the civilized lifestyle and moral standards and attract the youth to healthy recreational activities.

d) Effectively manage and employ facilities, managers, experts, trainers and teachers involved in cultural, sports and recreational activities for youths;

dd) Ensure the youth’s safety when participating in cultural, sports and recreational activities;

e) Search for and nurture talented youths via cultural, sports and recreational activities.

6. Families shall guide and enable the youth to join cultural, sports and recreational activities to improve their health, protect and promote national identity and embrace the cultural essence of humanity.

Article 16. Training and career advice

1. Youths aged between full sixteen and eighteen years old are entitled to:

a) Information and development trends concerning future jobs, professional skills and the labor market;

b) Participate in career advice sessions;

c) Participate in competitions to develop professional skills and have professional practice connected to jobs.

2. The Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs shall provide People's Committees of provinces and central-affiliated cities, educational institutions and vocational education institutions with guidance on efficient career advice provision and revision to meet demand of the youth and labor market for each period of time; and organizing and encouraging the youth to participate in professional skill competitions.

3. For educational institutions and vocational education institutions:

a) They shall provide career advice as well as information and trends concerning jobs and the labor market to provide career orientation for youths;

b) They may connect with other organizations and units to give training, develop professional skills and provide professional practice connected with jobs for youths as per the law.

4. Families shall look up information on jobs and the labor market to help the youth select jobs suitable for their capacity and wishes and labor demand of the society.

Article 17. Provision of knowledge and skills concerning self-protection of physical and mental health

1. Youths aged between full sixteen and eighteen years old are entitled to:

a) Knowledge, skills and advice concerning reproductive health, sexual health and mental health care and other social diseases; and prevention of domestic violence, school violence, sexual violence, narcotic substances and other social evils;

b) Information on and access to friendly reproductive health and sexual health care services.

2. The Ministry of Health shall ensure provision of friendly reproductive health and sexual health care services to the youth.

3. The Ministry of Education and Training and Ministry of Labor - War Invalids and Social Affairs shall cooperate with the Ministry of Health in formulating, promulgating and providing guidelines on comprehensive sexual health, reproductive health and mental health education programs for upper secondary education institutions and vocational education institutions.

4. People's Committees of provinces and central-affiliated cities shall direct People's Committees at all levels, educational institutions and vocational education institutions to efficiently provide the youth with knowledge and skills concerning mental and physical health care as well as prevention of domestic violence, school violence and other social evils.

5. Educational institutions and vocational education institutions shall:

a) Provide knowledge, skills, life skills and advice concerning reproductive health, sexual health and mental health care and other social diseases; and prevention of domestic violence, school violence, sexual violence, narcotic substances and other social evils;

b) Promptly detect acts of domestic violence, school violence and other evils for handling.

6. Families shall provide knowledge, life skills and skills for reproductive health and sexual health care to help the youth protect their own physical and mental health and live a safe and healthy life.

Article 18. Prioritizing quick resolution of cases causing harm to physical and mental health

1. The Ministry of Public Security shall cooperate with relevant regulatory bodies in monitoring, reviewing and providing guidance on timely resolution of cases causing harm to physical and mental health of youths to ensure adoption of youth penal, administrative and civil policies as per the law.

2. Educational institutions and vocational education institutions shall provide guidance on and carry out legal education programs concerning state policies and laws for youths. Upon detection of cases causing harm to physical and mental health of youths, they shall promptly investigate and fully report these matters to relevant regulatory bodies and units for resolution.

3. Families shall educate the youth on state policies and laws. Upon detection of cases causing harm to physical and mental health of youths, they must promptly notify relevant regulatory bodies and units to resolve these matters and help youths correct their mistakes, develop in a healthy manner and become good citizens.

Article 19. Talent search and training

1. Regulatory bodies, organizations and units shall search and provide training for talented youths, especially those in areas with extreme socio - economic difficulties, ethnic minority areas, mountainous areas and coastal areas and on islands.

2. The Ministry of Education and Training shall take charge and cooperate with the Ministry of Labor - War Invalids and Social Affairs, Ministry of Culture, Sports and Tourism, Ministry of Science and Technology, Ministry of Information and Communications and Central Committee of the Ho Chi Minh Communist Youth Union in monitoring and providing guidelines on evaluating and reporting on talented youth search and training for local governments, educational institutions and vocational education institutions.

3. Families shall nurture youth talents and cooperate with educational institutions in planning for talent training.

Article 20. Monitoring of implementation of mechanisms and policies for youths aged between full sixteen and eighteen years old

1. The Ministry of Home Affairs shall take charge and cooperate with ministries, ministerial-level agencies, Governmental agencies and People’s Committees of provinces and central-affiliated cities in monitoring, inspecting and assessing implementation of youth mechanisms and policies.

2. On an annual basis, ministries, ministerial-level agencies, Governmental agencies and People's Committees of provinces and central-affiliated cities shall incorporate results of implementation of mechanisms and policies for youths aged between full sixteen and eighteen years old into reports on state management of the youth and submit these reports to the Ministry of Home Affairs, which will report to the Government.

Chapter IV

IMPLEMENTATION CLAUSE

Article 21. Effect

This Decree takes effect from the date on which it is signed.

Article 22. Implementing responsibilities

1. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant regulatory bodies, organizations and individuals shall implement this Decree.

2. Any difficulty arising during the implementation of this Decree should be promptly reported to the Ministry of Home Affairs, which will submit a consolidated report to the competent authority for consideration and resolution./.