Nghị định 02/2013/NĐ-CP quy định về công tác gia đình

THE GOVERNMENT

Decree No. 02/2013/ND-CP dated January 03, 2013 of the Government on family affairs

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

Pursuant to the Law on Marriage and Family dated June 09, 2000;

Pursuant to the Law on Gender Equality dated November 29, 2006;

Pursuant to the Law on Domestic Violence Prevention and Control dated November 21, 2007;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree on family affairs.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for family affairs; responsibilities of agencies and organizations for implementation of family affairs.

Family affairs mean activities of agencies and organizations aiming to build prosperous, equal, progressive, happy and sustainable families.

Article 2. Subjects of application

This Decree applies to agencies and organizations involving implementation of family affairs.

Article 3. State management agencies for family affairs

1. The Ministry of Culture, Sports and Tourism shall be responsible before the Government for performing the state management of family affairs nationwide.

2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of family affairs.

3. People s Committees at all levels shall perform the state management of family affairs in their respective localities.

Chapter 2

FAMILY AFFAIR’S CONTENTS

Article 4. Elaboration and organization policies on the implementation of laws on family affairs

To elaborate and organize the implementation of policies and laws on family; equality in families; prevention and control of domestic violence as well as penetration of social evils into families.

Article 5. Planning, training and improving officials for family affairs

1. To elaborate, and organize the implementation of master plans on staff contingent in charge of family affairs at all levels.

2. To train and improve to strengthen capability for staff contingent in charge of family affairs; and compile documents on family affairs.

3. The Ministry of Culture, Sports and Tourism, the Ministry of Home Affairs shall detail Clause 1 of this Article.

Article 6. Propaganda, mobilization, and dissemination on family affairs

1. To propagate and disseminate the Party s guidelines and the State s policies and laws on family affairs, realization of equality in families, prevention and control of domestic violence, prevention from penetration in families of social evils, and realization of family planning.

2. To elaborate documents and disseminate knowledge on family, mobilize people to annul the backward customs and practices on marriage and family; to inherit, preserve and promote nice traditional and cultural values of families and clans in association with building advanced values of families in a developed society.

Article 7. Organizations, agencies supplying public services in family affairs

1. Public non-business units and enterprises may perform supply of public services in family field.

2. The conditions, order, procedures and competence for the establishment, reorganization and dissolution of public non-business units and enterprises supplying public services in family field shall comply with the Government s Decree No. 55/2012/ND-CP of June 28, 2012, on the establishment, reorganization and dissolution of public non-business units, the Enterprise Law and relevant laws.

Article 8. Support activities in building families

1. Providing pre-marriage counsel and education; providing knowledge and skills on building family and organizing the family life; suitably integration of the contents of family life education into programs of at all education levels; supporting the maintenance and conservation of fine traditional values of families.

2. Reconciling the conflicts and disputes in families and protecting lawful rights and interests of family members.

3. Building and guiding to widely develop the model of happy and sustainable development families.

4. The Ministry of Culture, Sports and Tourism, the Ministry of Education and Training, the Ministry of Justice and relevant Ministries and Ministerial-level agencies shall detail Clauses 1, 2 and 3 of this Article.

Article 9. Holding the Vietnam Family Day

Annually, the Vietnam Family Day (June 28) celebration shall be held  in order to raise the responsibilities of the leaders of sectors, levels, mass organizations, social organizations and families to take interest in building the prosperous, equal, progressive, happy and sustainable families; to timely encourage and reward for organizations, individuals and families with typical and outstanding achievements in family affairs.

Article 10. Inspection, examination, and settlement of law violations on family affairs

Organizing inspections, examinations and handling of law violations on family affairs in accordance with law.

Article 11. Scientific research, elaboration for the database on families and family affairs

1. To organize the investigation, survey and scientific research serving for the elaboration of policies and laws on family affairs.

2. To elaborate a database on families and family affairs.

3. The Ministry of Culture, Sports and Tourism shall detail Clause 2 of this Article.

Article 12. International cooperation

To cooperate with other countries, international organizations and non-governmental organizations in elaboration of policies, experience on management, scientific research, exchanging experts and technical and financial support in the family field in accordance with law.

Article 13. Preliminary and final reviews, regimes of information and reports

1. People s Committees at all levels shall organize preliminary and final reviews, assess on implementation of family affairs in localities, and report them to superior agencies.

2. Before December 15 every year, relevant Ministries and sectors and provincial People s Committees shall send reports on implementation results of family affairs to the Ministry of Culture, Sports and Tourism for summarization and reporting to the Prime Minister.

Chapter 3

IMPLEMENTATION ORGANIZATION

Article 14. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Elaborating and organizing the implementation of policies and laws on family.

2. Guiding and training and improving in order to raise the capacity of staff contingent in charge of family affairs.

3. Guiding, propagating, mobilizing and disseminating policies, laws and knowledge on family affairs.

4. Elaborating and guiding the expansion of family models.

5. Performing the state management over public non-business units supplying public services in the family field.

6. Guiding and organizing the Vietnam Family Day celebration.

7. Performing international cooperation and scientific research on family and family affairs in accordance with law.

8. Building a database on families and family affairs.

9. Inspecting, examining, and handling of violations on family affairs in accordance with law.

10. Preliminarily and finally reviewing and periodically reporting the implementation of family affairs to the Prime Minister.

Article 15. Responsibilities of the Ministry of Planning and Investment

Assuming the prime responsibility for and coordinating with the Ministry of Culture, Sports and Tourism in, guiding and integrating policies on family affairs into the socio-economic development strategies, master plans and plans.

Article 16. Responsibilities of the Ministry of Finance

Assuming the prime responsibility for and coordinating with the Ministry of Culture, Sports and Tourism, relevant Ministries and sectors in allocating funds for the implementation of family affairs under the current decentralization of state budget; guiding and examining the relevant Ministries and sectors as well as localities in the allocation and use of funds for the implementation of family affairs.

Article 17. Responsibilities of the Ministry of Justice

1. Assuming prime responsibility for and coordinating with the Ministry of Culture, Sports and Tourism and relevant agencies in elaborating policies and laws on family affairs within its assigned functions and tasks.

2. Guiding the reconcilement of conflicts and disputes in families in accordance with law.

Article 18. Responsibilities of the Ministry of Education and Training

Assuming the prime responsibility for, coordinating with the Ministry of Culture, Sports and Tourism and the Vietnam Women s Union in suitably integrating the family education contents in education programs at all levels.

Article 19. Responsibilities of the Ministry of Home Affairs

Coordinating with the Ministry of Culture, Sports and Tourism in guiding the planning and consolidation of the staff contingent in charge of family affairs at all levels.

Article 20. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

Assuming the prime responsibility for, coordinating with the Ministry of Culture, Sports and Tourism,  relevant Ministries and agencies in elaborating policies and laws on children protection, care and education in families, care and service for elderly people in families, and prevention from penetration of social evils in families within its assigned functions and tasks.

Article 21. Responsibilities of Ministries and Ministerial-level agencies

1. Assuming the prime responsibility for, coordinating with the Ministry of Culture, Sports and Tourism in implementing contents relating to family affairs within their assigned functions, tasks and powers.

2. Promulgating or proposing competent authorities to promulgate policies, laws, programs and schemes relating to family affairs; guiding, examining, inspecting, preliminarily and finally reviewing the implementation of policies, laws, programs and schemes under their management relating to family affairs .

3. Annually reviewing the implementation of tasks relating to family affairs in the state management which are presided over by them, and send such to the Ministry of Culture, Sports and Tourism for summarization and reporting to the Prime Minister.

Article 22. Responsibilities of People s Committees at all levels

1. Organizing and examining the implementation of policies and laws on family affairs in their localities.

2. Elaborating and carrying out programs and plans on family affairs in combination with local programs on socio-economic development.

3. Allocating budgets for family affairs in accordance with the law on the state budget.

Article 23. Women union’s state management participation on family affairs

The Ministry of Culture, Sports and Tourism, Ministries, Ministerial-level agencies, Government-attached agencies and People s Committees at all levels shall assure for women s unions at all level to participate in the state management over family affairs in accordance with law and provisions in Article 4, Article 6, Clauses 1, 2 and 3 of Article 8, and Article 9 of this Decree.

Article 24. Family affair’s implementation

The Vietnam Fatherland Front Central Committee and its member organizations shall participate in propagating, disseminating and educating about policies and laws, examining and supervising the implementation of policies and laws on family affairs in accordance with law.

Article 25. Implementation funds for family affairs

1. Funds for activities of family affairs of Ministries, sectors and People s Committees at all levels will be allocated from the state budget in accordance with law. The making estimation and allocation of funds for family affairs shall comply with the Law on the State Budget and relevant documents.

2. Funds, which are raised from domestic and foreign organizations and individuals for family affairs, shall be managed and used in accordance with law.

Chapter 4

IMPLEMENTATION PROVISIONS

Article 26. Effect

This Decree takes effect on February 18, 2013.

Article 27. Implementation responsibilities

Ministers, heads of Ministerial-level agencies, heads of Government-attached agencies, chairpersons of provincial People s Committees and relevant agencies and organizations shall implement this Decree.

For the Government

The Prime Minister

Nguyen Tan Dung