Bản dịch văn bản 3/1998/QD-TTg
Decision 3/1998/QD-TTg
Cơ quan ban hành: Thủ tướng Chính phủ
Ngày ban hành: 1998-01-07

DECISION No DECISION No.3/1998/QD-TTg OF JANUARY 7, 1998 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 2. A Deputy Director of the Government's Office 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. To invite representatives from the leadership of the following agencies to take part in the Council: the Party Central Committee's Commission for Home Affairs; the Party Central Committee's Commission on Ideology and Culture; the Party Central Committee's Commission on Sciences and Education; the Nhan Dan (People's) newspaper; the Central Committee of the Vietnam Fatherland Front; the Office of the National Assembly; the Vietnam General Confederation of Labor; the Central Committee of the Ho Chi Minh Communist Youth's Union; the Central Committee of the Vietnam Women's Union; the Central Committee of the Vietnam Peasants' Association; and the Central Committee of the Vietnam Lawyers' Association. 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. Article 6.- This Decision takes effect 15 days after its signing. 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 I. THE PLAN'S OBJECTIVES: 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. B. CONTENTS, MEASURES, TEMPO AND ASSIGNMENT OF RESPONSIBILITIES FOR THE IMPLEMENTATION OF THE LAW DISSEMINATION AND EDUCATION PLAN 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. 3. Measures, responsibility assignment and implementation tempo: 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: + In 1998: In the ministries, the ministerial-level agencies, the agencies attached to the Government and the provincial/municipal People's Committees. - 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: + In 1998 - To organize examinations on universal law contents and compile documents guiding specialized legislations. - 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 - 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 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. e/ For college and university students, in addition to the existing sketchy programs, the compilation, supplement and finalization of teaching materials and textbooks shall be conducted, depending on the requirement of contents for each college, university or group of colleges or universities. Such contents shall include the fundamental theory on the State, the general principles on law and the relationship between the State and law. The specialized legislation should intensively deal with basic contents, including concepts, objects and methods of regulation of some law disciplines, thus creating premises for in-depth study and application of knowledge of the law disciplines to the fields of work or labor of the students. 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. To study and work out a plan to include the law propagation, dissemination and education subject into the training programs of law universities and the Law Faculty of the National University, thus creating an additional source of law teachers for intermediate vocational training schools, and at the same time equipping the future lawyers with the knowledge of law dissemination and education. 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. - From 1999 onwards: 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: To compile standard law textbooks. 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. 3. Agencies in charge: the Ministry of Education and Training shall assume the prime responsibility and coordinate with the Ministry of Justice. 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. 2. On measures, responsibility assignment and implementation tempo: 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: + In 1998 - To compile and distribute leaflets with legal contents on the protection of forests, the rules of communal activities in urban areas, regulations on project construction and protection of public facilities and dikes and other burning issues. - 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: + In 1998 - To concentrate on the explanation of legal documents which are most essential to each object. + 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: + In 1998 - To set up legal support centers in 50% of the total number of provinces and cities directly under the Central Government. + 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. b/ For non-State enterprises, the law dissemination should focus on: procedures for the establishment and business registration of enterprises; foreign investment in Vietnam; international commercial activities and practices; international treaties on bilateral and multilateral economic cooperation; taxation, finance and banking; organization and operation of trade unions; labor legislation (labor contracts, collective labor agreements); procedures for the settlement of labor disputes; economic crimes and preventive measures; administrative sanctions and handling of criminal cases in business activities. 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. - Agency in charge: The State Inspectorate. - 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. The Prime Minister PHAN VAN KHAI