Nghị định 28/2013/ND-CP

DECREE

DETAILING A NUMBER OF ARTICLES OF, AND MEASURES TO EXECUTE, THE LAW ON LEGAL POPULARIZATION AND EDUCATION

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on legal popularization and education dated June 20, 2012;

At the proposal of the Minister of Justice;

The Government promulgates the Decree detailing a number of articles of, and measures to execute, the Law on legal popularization and education,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on legal popularization and education regarding the Legal Day of the Socialist Republic of Vietnam, socialization of legal popularization and education activities, conditions to assure legal popularization and education activities, and a number of measures to execute this Law.

Article 2. Responsibilities of the Ministry of Justice

The Ministry of Justice takes responsibility before the Government for performing the tasks prescribed in Clause 1 Article 6 and Clause 1 Article 25 of the Law on legal popularization and education, and has responsibility for executing the following tasks:

1. To promulgate provisions on professional operations, standards and professional rules involving legal popularization and education.

2. To urge and examine other ministries, ministerial-level agencies, government- attached agencies and People’s Committees at all levels in organizing the Legal Day of the Socialist Republic of Vietnam.

3. To coordinate with other ministries, sectors, localities and relevant organizations in implementing the policy on socialization of legal popularization and education activities.

4. To promulgate a set of criteria for assessing the efficiency of legal popularization and education activities.

5. To sum up, make statistics of and report on legal popularization and education activities nationwide to the Government.

6. To conduct preliminary and final reviews, and commend collectives and individuals that record outstanding achievements in organizing and performing the Legal Day of the Socialist Republic of Vietnam and socializing legal popularization and education activities.

Article 3. Responsibilities of other ministries, ministerial-level agencies and governmental agencies

1. Other ministries, ministerial-level agencies and governmental agencies shall conduct tasks prescribed in Clause 1 Article 6 and Clause 1 Article 25 of the Law on legal popularization and education, and have responsibility for executing the following tasks:

a) To organize legal popularization and education activities under their functions and tasks, and guide of the Ministry of Justice;

b) To direct, urge and examine their attached agencies and units in organizing the Legal Day of the Socialist Republic of Vietnam;

c) To make statistics of and report on legal popularization and education activities to the Ministry of Justice;

d) To conducting preliminary and final reviews and commend collectives and individuals in their sectors and fields that record outstanding achievements in organizing the Legal Day of the Socialist Republic of Vietnam and socializing legal popularization and education activities;

e) To provide funds, physical facilities and means for legal popularization and education activities.

2. Legal organizations under ministries, ministerial-level agencies and government- attached agencies shall advise their ministers, heads of ministerial-level agencies or heads of governmental agencies in performing the tasks prescribed in Clause 1 of this Article.

Article 4. Responsibilities of People’s Committees at all levels

1. People’s Committees of provinces and centrally run cities (hereinafter referred to as the provincial People’s Committees) and People’s Committees of districts, towns or provincial cities (hereinafter referred to as district- level People’s Committees) shall perform tasks specified in Clause 1 Article 6 and Clause 2 Article 27 of the Law on legal popularization and education, and take responsibility for executing the following tasks:

a) To organize legal popularization and education activities under their management responsibility in localities and guide of the Ministry of Justice;

b) To urge and examine their attached professional agencies and lower-level People’s Committees in organizing the Legal Day of the Socialist Republic of Vietnam in their localities;

c) To make statistics of and report on legal popularization and education activities;

d) To conduct preliminary and final reviews, and commend collectives and individuals that record outstanding achievements in organizing, implementing the Legal Day of the Socialist Republic of Vietnam and socializing legal popularization and education activities in their localities;

e) To provide funds, physical facilities and means for legal popularization and education activities.

2. People’s Committees of communes, wards and townships shall perform tasks specified in Clause 1 Article 6 and Clause 2 Article 27 of the Law on legal popularization and education, and take the following responsibilities:

a) To organize implementation of legal popularization and education activities in their localities under guide of district-level People’s Committees;

b) To urge and examine agencies and organizations in their localities in organizing the Legal Day of the Socialist Republic of Vietnam;

c) To make statistics of, and report on legal popularization and education activities as directed by district-level People’s Committees;

d) To conduct preliminary and final reviews, and commend collectives and individuals that record outstanding achievements in organizing and performing the Legal Day of the Socialist Republic of Vietnam and socializing legal popularization and education activities in their localities;

e) To provide funds, physical facilities and means for legal popularization and education activities.

3. Provincial Departments of Justice, district-level Divisions of Justice and justice-civil status officers shall advise People’s Committees of the same level in performing the tasks specified in Clause 1 and Clause 2 of this Article.

Chapter 2.

LEGAL DAY OF THE SOCIALIST REPUBLIC OF VIETNAM

Article 5. Legal Day of the Socialist Republic of Vietnam

The Legal Day of the Socialist Republic of Vietnam (hereinafter referred to as the Legal Day) is organized on November 9 every year, ensured to be practical and effective.

The contents, forms and responsibilities for organizing the Legal Day shall comply with Article 6 and Article 7 of this Decree.

Article 6. Contents and forms of organizing the Legal Day

1. The Legal Day must be organized with the following contents:

a) Affirming the position and role of the Constitution and laws in state management and social life;

b) Educating cadres, civil servants, public employees and people about the consciousness of respecting, observing and protecting law; and benefits of law observance;

c) Propagating and disseminating provisions of the Constitution and laws which have practical meaning to people's life and are associated to the functions and tasks of agencies and units;

d) Mobilizing people to strictly observe law;

dd) Praising and commending typical collectives and individuals in formulating law, executing law, legal dissemination and education, and examples of good people and good deeds in law execution;

e) Other contents as guide of the Ministry of Justice.

2. The Legal Day may be organized in the following forms:

a) Meetings; seminars, discussions;

b) Contests on law learning;

c) Mobile legal propagation and dissemination activities; exhibitions;

d) Other forms as guide of the Ministry of Justice.

Article 7. Responsibilities for guiding contents and forms of organizing the Legal Day and responsibilities for organizing the Legal Day

1. Responsibility for guiding contents and forms of organizing the Legal Day

a) Annually, the Ministry of Justice shall guide contents and forms of organizing the Legal Day nationwide;

b) On the basis of guide on organizing the Legal Day made by the Ministry of Justice, ministers, heads of ministerial-level agencies or governmental agencies and People’s Committees at all levels shall guide contents and forms of organizing the Legal Day; the Central Committee of the Vietnam Fatherland Front shall guide its member organizations in contents and forms of organizing the Legal Day.

2. Responsibility for organizing the Legal Day

a) Ministers, heads of ministerial-level agencies, heads of governmental agencies and chairpersons of People’s Committees at all levels shall organize the Legal Day;

b) The President of the Central Committee of the Vietnam Fatherland Front and heads of central agencies of its member organizations shall, on basis of their functions and tasks, organize the Legal Day for their members.

Chapter 3

SOCIALIZATION OF LEGAL POPULARIZATION AND EDUCATION ACTIVITIES AND SUPPORT POLICIES FOR ORGANIZATIONS, ENTERPRISES AND INDIVIDUALS PARTICIPATING IN LEGAL POPULARIZATION AND EDUCATION

Article 8. Support policies for organizations, enterprises and individuals participating in legal popularization and education activities or providing funds, physical facilities and means for legal popularization and education activities

1. Organizations and enterprises participating in legal popularization and education activities or providing funds, physical facilities and means for legal popularization and education activities are enjoyed the following support policies:

a) Receiving free supply for legal documents and information on policies and laws involving legal fields disseminated and educated from state agencies; being retrained in legal knowledge, legal popularization and education operations and skills without  collection of charge in case they participate in legal popularization and education with their own funding sources;

b) Conduct advertisement activities when participating in free legal popularization and education or providing funds, physical facilities and means for legal popularization and education activities on basis of written agreements between parties in conformity with the law on advertising;

c) Being commended in accordance with law on emulation and commendation.

2. Individuals participating in legal popularization and education activities or providing funds, physical facilities and means for legal popularization and education activities are enjoyed the following support policies:

a) Policies prescribed at Point a and Point c Clause 1 of this Article;

b) Persons who provide legal popularization and education for the entities prescribed in Article 17 and Article 20 of the Law on legal popularization and education and do not enjoy salaries from the state budget; and village patriarchs, hamlet chiefs and prestigious persons in ethnic minority communities participating in legal popularization and education are enjoyed policies prescribed at Point a and Point c Clause 1 of this Article, and remunerations and entitlements upon participating in legal popularization and education;

c) Teachers teaching citizen education to the disabled in the form of integrated education are enjoyed preferential allowances for teachers directly teaching the disabled in the form of integrated education in the Government’s Decree No. 28/2012/ND-CP of April 10, 2012, detailing and guiding a number of articles of the Law on the disabled.

Article 9. Socialization of legal popularization and education activities for several law practicing organizations and legal socio-professional organizations

1. The State encourages the Vietnam Lawyers Association, the Vietnam Bar Federation, notary associations, other legal socio-professional organizations, legal advisory centers, organizations practicing lawyer and notarization to provide free legal popularization and education for people, and to facilitate for their members to provide free legal popularization and education for people through professional activities or at the request of individuals and organizations.

2. The Vietnam Lawyers Association, the Vietnam Bar Federation, notary associations and other legal socio-professional organizations shall guide lawyers, notaries and their members in annually participating in free legal popularization and education.

3. Lawyers associations at all levels, the Vietnam Bar Federation and Bar Federations of provinces and centrally run cities, notary associations, other legal socio-professional organizations, legal advisory centers, organizations practicing lawyer and notarization and their members that participate in legal popularization and education are enjoyed policies prescribed in Clause 1, Article 8 of this Decree.

Chapter 4.

CONDITIONS FOR LEGAL POPULARIZATION AND EDUCATION ACTIVITIES

Article 10. Organizational assurance and officers conducting legal popularization and education activities

1. Base on demand of legal popularization and education, Ministers or Heads of ministerial-level agencies shall establish legal popularization and education organizations which are attached to the Legal Departments under Ministries or ministerial-level agencies.

2. In addition to the responsibilities specified in Article 38 of the Law on legal popularization and education, Ministers, Heads of ministerial- level agencies, Heads of governmental agencies and chairpersons of People’s Committees at all levels shall arrange full officers to provide legal popularization and education for specific entities in the fields and localities under their management; and direct schools and vocational institutions under their management to arrange full teachers for teaching citizen education and teachers, lecturers teaching law.

Article 11. Assurance of funds for legal popularization and education

1. State budget funds will be allocated for legal popularization and education activities of agencies and organizations funded by state budget and councils which coordinate in legal popularization and education as prescribed in Clause 1 Article 39 of the Law on legal popularization and education. These funds must be estimated in accordance with Clause 2 Article 39 of the Law on legal popularization and education.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Justice in guiding the management, use and finalization of funds for legal popularization and education activities; specify regimes for law rapporteurs and propagators, persons invited to participate in legal popularization and education and persons providing legal popularization and education for specific subjects in conformity with each period.

Chapter 5.

IMPLEMENTATION PROVISIONS

Article 12. Effect

This Decree takes effect on May 27, 2013.

Article 13. Implementation responsibility

1. Ministers, heads of ministerial-level agencies, heads of governmental agencies and chairpersons of provincial People’s Committees shall, within their assigned functions, tasks and powers, organize the implementation of this Decree.

2. The Ministry of Justice shall guide implementation of this Decree.