Nghị định 50/2001/NĐ-CP của Chính phủ quy định chi tiết thi hành một số điều của Luật Mặt trận Tổ quốc Việt Nam

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON VIETNAM FATHERLAND FRONT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Law on Vietnam Fatherland Front of June 12, 1999;

At the proposal of the Minister of Justice and after reaching agreement with the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Scope and objects of regulation of the Decree

This Decree details the implementation of a number of articles of the Law on Vietnam Fatherland Front regarding responsibilities of the Government, the ministries, ministerial-level agencies, agencies attached to the Government, the People’s Councils and People’s Committees of all levels (hereinafter collectively referred to as the State agencies) in coordination with Vietnam Fatherland Front for the latter to exercise its rights and responsibilities, bring into play its role as a political institution of the people’s administration; and prescribes conditions for operations of Vietnam Fatherland Front.

Article 2.-Relationship between the State agencies and Vietnam Fatherland Front

1. The relationship between the State agencies and Vietnam Fatherland Front Committees as well as the Front’s member organizations of the same level is the relationship of coordination and creation of conditions for each other to well perform their respective functions, tasks and powers under law provisions.

2. The State agencies closely coordinate with and rely on Vietnam Fatherland Front when performing their tasks and exercising their powers.

When requested by Vietnam Fatherland Front Committees, the State agencies shall have to take part in Vietnam Fatherland Front’s activities.

Article 3.-Regulation on working coordination

1. The Government shall coordinate with Vietnam Fatherland Front’s Central Committee in promulgating the Regulation on working coordination.

2. The ministries, ministerial-level agencies and agencies attached to the Government shall coordinate with the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee in promulgating the Regulation on working coordination.

3. The People’s Council and People’s Committee at each level shall coordinate with Vietnam Fatherland Front Committee of the same level in promulgating the Regulation on working coordination.

Article 4.-Responsibilities of the State agencies in ensuring the operation of Vietnam Fatherland Front

The State agencies shall, within the ambit of their respective tasks and powers, have to ensure funding, material foundations and other necessary conditions for the operations of Vietnam Fatherland Front at all levels.

Chapter II

COORDINATION BETWEEN THE STATE AGENCIES AND VIETNAM FATHERLAND FRONT IN EXERCISING THE LATTER’S RIGHTS AND THE RESPONSIBILITIES

Article 5.-On rallying the entire people in a great solidarity bloc

1. The State agencies shall base themselves on their functions, tasks and powers to join Vietnam Fatherland Front Committees of the same level in elaborating plans and programs to develop diversified forms of rallying people from all walks of life to participate in the patriotic movement, uniting Vietnamese people at home and abroad, aiming to mobilize all resources for the construction and defense of the socialist Vietnam Fatherland.

2. The State agencies shall make suggestions and work out plans to join the Standing Boards of Vietnam Fatherland Front Committees at all levels in rallying and promoting the role of prominent individuals from various social classes, strata, ethnic groups and religions in the mobilization of people to fulfill the State’s political, socio-economic, defense and foreign affairs tasks.

3. The Ministry for Foreign Affairs, the Ministry of Public Security, the Ministry of Culture and Information, the Ministry of Education and Training, the concerned ministries and branches, the People’s Councils and People’s Committees at all levels shall coordinate with and create conditions for Vietnam Fatherland Front Committees and the Front’s member organizations at all levels to propagate and mobilize overseas Vietnamese through appropriate measures and forms, to build the entire people’s solidarity bloc, help one another in daily life, preserve the national cultural identities and fine traditions, respect laws of the host countries, maintain close relations with their families and native land and contribute to the construction of their native places and country.

Article 6.-On the propagation and mobilization of people

1. The State agencies shall, within the ambit of their respective functions, tasks and powers, have to coordinate with Vietnam Fatherland Front Committees and the Front’s member organizations of the same level in elaborating programs on propagating, educating and mobilizing people to implement the Party’s undertakings and policies as well as the State’s laws; in organizing campaigns and patriotic movements; mobilizing people to unite with and help one another in economic development, the building of new life in population quarters, the cultural life; in settling social problems, building the entire-people defense and maintain the political security, social order and safety.

2. The State agencies shall advise Vietnam Fatherland Front Committees and the Front’s member organizations of the same level on the objectives and contents of campaigns and create conditions for Vietnam Fatherland Front Committees and the Front’s member organizations at the same level to organize such campaigns.

In cases where the State agencies organize and direct the mass movements, they may request Vietnam Fatherland Front Committees and the Front’s concerned member organizations of the same level to appoint their representatives to take part in the steering committees.

3. The commune-level People’s Councils and People’s Committees shall coordinate with Vietnam Fatherland Front Committees of the same level in directing coordination between the chiefs of hamlets, villages, urban quarters and other population communities at the grassroots and the heads of the Fronts working teams in propagating and mobilizing people to implement the Regulation on the grassroots democracy and other campaigns in the localities.

The commune-level People’s Committees shall coordinate with Vietnam Fatherland Front Committees of the same level in directing and guiding activities of the self-managed organizations set up under law provisions in population communities in their respective localities.

Article 7.-On the electoral work

Basing themselves on the Law on Election of Deputies to the National Assembly, the Law on Election of Deputies to the People’s Councils, the joint-resolutions of the Government and Vietnam Fatherland Front’s Central Committee and other legal documents related to the electoral work, the State agencies shall ensure necessary conditions for Vietnam Fatherland Front Committees at all levels to exercise their rights and fulfill their responsibilities in the electoral work:

1. The Government Commission for Organization and Personnel shall coordinate with the National Assembly’s Office and the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee in guiding the structure and membership of the Front’s member organizations that take part in the organization of elections; organizing conferences on professional training for cadres involved in electoral work; organizing briefings according to regions and areas; directing, inspecting the electoral work, and reviewing this work;

2. The Finance Ministry shall assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel, the National Assembly’s Office and the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee in guiding the use of funding for election.

Article 8.-Organizing meetings between voters and deputies to the People’s Councils at all levels

The Standing Board of the provincial- and district-level People’s Councils, the chairmen or vice chairmen of the commune-level People’s Councils shall assume the prime responsibility and coordinate with the Standing Boards of Vietnam Fatherland Front Committees of the same level in elaborating plans on organizing meetings between voters and deputies to the People’s Councils at all levels, ensuring material foundations and summing up voters’ opinions as well as suggestions at such meetings.

The Standing Boards of Vietnam Fatherland Front Committees of the same level shall preside over meetings according to law provisions.

Article 9.-On the elaboration of legal documents of the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister, the ministries, ministerial-level agencies and agencies attached to the Government

1. The Government Office and the Ministry of Justice shall have to gather proposals of Vietnam Fatherland Front’s Central Committee and its member organizations regarding the draft law- and ordinance-making programs, programs on elaboration of the Government’s resolutions and decrees as well as the Prime Minister’s decisions and directives to be submitted to the competent State agencies.

2. The Government shall give its written comments on the draft laws and ordinances submitted by Vietnam Fatherland Front’s Central Committee.

3. When drafting laws or ordinances related to the basic rights and obligations of citizens, the functions, tasks and powers of Vietnam Fatherland Front and its member organizations or the State apparatus, the key drafting bodies shall have to send the drafts to Vietnam Fatherland Front Committees and the Front’s member organizations for comments.

Regarding the draft resolutions and decrees of the Government, decisions and directives of the Prime Minister as well as decisions, directives and circulars of the ministers, the heads of the ministerial-level agencies and agencies attached to the Government, which relate to the rights and responsibilities of Vietnam Fatherland Front or the regimes and policies for the Front’s cadres, the key drafting bodies shall send the drafts to the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee and the Front’s concerned member organizations for comments.

Article 10.-On the elaboration of legal documents of the People’s Councils and People’s Committees

1. Offices of the People’s Councils and People’s Committees and judicial agencies of the People’s Committees of the same level shall have to gather the proposals of Vietnam Fatherland Front and its member organizations of the same level regarding the draft resolution-making programs of the People’s Councils as well as the decision- and directive-making programs of the People’s Committees and submit them to the competent agencies.

2. Regarding the draft resolutions, decisions and directives related to the rights and responsibilities of Vietnam Fatherland Front, the regimes and policies for the Front’s cadres or the locals’ rights and interests, the key drafting bodies shall have to send the drafts to Vietnam Fatherland Front Committees and the Front’s member organizations of the same level for comments.

Article 11.-The promulgation of legal documents jointly by the State agencies and Vietnam Fatherland Front Committees as well as socio-political organizations being the Front’s members

The Government shall coordinate with Vietnam Fatherland Front’s Central Committee in promulgating joint resolutions guiding the implementation of issues over which the laws prescribe Vietnam Fatherland Front’s responsibility to take part in the State management responsibility.

The ministries, ministerial-level agencies and agencies attached to the Government shall coordinate with the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee and the central bodies of socio-political organizations being the Front’s members in promulgating joint circulars guiding the implementation of issues over which the laws prescribe the responsibility of Vietnam Fatherland Front as well as socio-political organizations being the Front’s members to take part in the State management.

Article 12.-On the selection of judges and recommendation of jurors to the people’s courts

1. In case of change of members of Vietnam Fatherland Front’s Central Committee or Vietnam Lawyers’ Association participating in the council for selection of judges of the provincial-level people’s courts, military courts of military zones or equivalent levels and regional military courts, the Ministry of Justice shall, based on the proposal of the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee or the Central Committee of Vietnam Lawyers’ Association, submit the substitution of such members to the National Assembly Standing Committee for decision.

2. In case of change of members of Vietnam Fatherland Front Committee or Vietnam Lawyers’ Association participating in the council for selection of judges of the district-level people’s courts, the director of the provincial/municipal Justice Services shall, based on the proposal of the Standing Board of the provincial-level Vietnam Fatherland Front Committee or provincial-level Vietnam Lawyers’ Association, submit the substitution of such members to the Justice Minister for decision.

3. The chairman of the council for selection of judges of the provincial-level people’s courts shall, within 30 days before the meeting of the judge-selection council, send dossiers and list of persons to be selected judges of the provincial-level people’s courts to the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee so that the latter may gather opinions of people in the localities where the to be-selected judges reside.

The chairman of the council for selection of judges of the district-level people’s courts shall, within 30 days before the meeting of the judge-selection council, send dossiers and list of persons to be selected judges of the district-level people’s courts to the Standing Board of the provincial-level Vietnam Fatherland Front Committee so that the latter may gather opinions of people in the localities where the to be-selected judges reside.

4. Within 30 days before the opening of the first session of the provincial- or district-level People’s Council, the Standing Board of the People’s Council shall notify the Standing Board of Vietnam Fatherland Front Committee of the same level thereof so that the latter organize consultative conferences to, select and recommend jurors to the local people’s court under the guidance of Vietnam Fatherland Front’s Central Committee.

Article 13.-On supervisory activities

1. The State agencies, when performing the tasks of supervision, examination and inspection in localities shall have to study, consider and accept proposals of Vietnam Fatherland Front Committees of the same level and people’s inspection boards as well as opinions of people of all strata through Vietnam Fatherland Front Committees.

2. When necessary, the State agencies shall have to invite representatives of the people’s inspection boards to take part in the supervision, examination and inspection work in communes, wards or district townships. The people’s inspection boards shall have to supply information and appoint their representatives, when requested, to take part in the supervision, examination and inspection work of the State agencies.

When the people’s inspection boards exercise their right to supervision and inspection under law provisions, the presidents of the commune-level People’s Committees of the localities where supervision and inspection are conducted shall have to supply information and answer requests according to the provisions in Article 15 of this Decree.

The provincial- and district-level People’s Committees shall coordinate with Vietnam Fatherland Front Committees of the same level in creating conditions for the commune-level Vietnam Fatherland Front Committees to direct the organization and operation of the people’s inspection boards.

The State agencies shall have to coordinate with Vietnam Fatherland Front Committees of the same level in guiding, assisting, mobilizing and protecting citizens when the latter exercise their right to supervision.

3. The People’s Councils at all levels shall, when performing the supervisory task, have the responsibility to:

a/ Invite representatives of the Standing Board of Vietnam Fatherland Front Committee of the same level to join in the elaboration of the People’s Council’s supervisory plan;

b/ Invite representatives of the Standing Board of Vietnam Fatherland Front Committee of the same level to take part in the supervisory activities;

c/ Supply information related to the supervision work of the People’s Council for Vietnam Fatherland Front Committee of the same level;

d/ Create conditions for representatives of the Standing Board of Vietnam Fatherland Front Committee to make proposals on the supervision contents;

e/ Receive information related to the People’s Council’s supervisory activities from the Standing Board of Vietnam Fatherland Front Committee of the same level.

4. The heads of the State agencies shall have the responsibility to:

a/ Receive, supply information and explain the relevant matters at the request of Vietnam Fatherland Front Committees when conducting the supervisory activities;

b/ Appoint their representatives to take part in the supervisory activities of Vietnam Fatherland Front when the Front’s Committees so request;

c/ Consider and handle proposals of Vietnam Fatherland Front regarding the commendation or reward of good people and good deeds; consider, settle and promptly handle cases of law violations and notify the handling results to Vietnam Fatherland Front Committees, which have made proposals thereon according to the provisions in Clause 2, Article 15 of this Decree.

Article 14.-On the people’s external activities

1. The State agencies shall, within the ambit of their respective functions, tasks and powers, have to take part in the elaboration of action programs and plans on the people’s external activities of Vietnam Fatherland Front and create conditions for Vietnam Fatherland Front Committees to efficiently implement such programs and plans.

2. The State agencies shall have to coordinate with Vietnam Fatherland Front Committees and the Front’s member organizations in deploying and implementing action programs and plans on the people’s external activities, when the latter so request.

3. When conducting external activities related to the people’s external activities of Vietnam Fatherland Front, the State agencies shall invite representatives of the Standing Boards of Vietnam Fatherland Front Committees to participate therein.

The State agencies and Vietnam Fatherland Front Committees as well as the Front’s member organizations shall have to coordinate the people’s and State’s external activities, aiming to carry out and expand external activities in the region and the world according to the Party’ and State’s external policy.

Article 15.-Answering petitions of Vietnam Fatherland Front

1. At meetings and working sessions of the Government, the People’s Councils and the People’s Committees, participated by representatives of Vietnam Fatherland Front Committees and socio-political organizations being the Front’s members, who directly make petitions, the Government, the People’s Councils and the People’s Committees shall have to immediately reply them; where they need more time to study the petitions, they must give written replies within no more than 30 days after receiving the petitions or reply at the next meeting or session.

2. In cases where the State agencies receive petitions from Vietnam Fatherland Front Committees and the Front’s member organizations by way other than those mentioned at Clause 1 of this Article, they shall have to reply within 30 days after receiving the petitions. In cases where Vietnam Fatherland Front Committees or the Front’s member organizations disagree with the reply, the parties involved shall discuss together in order to reach agreement on a settlement plan. If they fail to reach such agreement, they must report the proposals to the superior competent State agencies. The superior competent State agencies shall examine and handle the matters within no more than 45 days after receiving the reports thereon.

3. The competent State agencies shall have to study and consider the organizations’ and individuals’ petitions on implementation termination, amendment, supplement, replacement or annulment of legal documents, based on the reports of Vietnam Fatherland Front Committees at all levels.

Article 16.-Joint working sessions between the State agencies and Vietnam Fatherland Front

The State agencies and Vietnam Fatherland Front Committees of the same level shall organize joint working sessions every 6 months or when necessary at the request of either of the involved parties in order to exchange ideas on relevant matters that must be solved. The meetings’ contents, agenda and schedules shall be agreed upon by the two parties and comply with the Regulation on working coordination.

Article 17.-On the participation in meetings of Vietnam Fatherland Front Committees

The People’s Councils and People’s Committees at all levels shall appoint their representatives to participate in meetings of Vietnam Fatherland Front Committees of the same level when the latter invite them thereto. The chairmen or vice chairmen of the People’s Councils as well as the presidents or vice presidents of the People’s Committees shall attend meetings of Vietnam Fatherland Front Committees of the same level in order to notify them of the economic, social, security and defense situation as well as relevant issues in localities and accept the Front’s opinions and proposals for consideration and settlement.

Chapter III

CONDITIONS FOR OPERATION OF VIETNAM FATHERLAND FRONT

Article 18.-Training and fostering of the Front’s cadres

1. The Front’s cadres shall be trained and fostered to raise their professional qualifications and working skills in order to meet the requirements of the assigned tasks.

The annual funding for the training and fostering of the Front’s cadres shall be covered by the personnel training and fostering fund according to the current budget management assignment.

2. The concerned State agencies at the central level shall coordinate with, assist and create conditions for the Standing Board of the Presidium of Vietnam Fatherland Front’s Central Committee to implement the Front cadre training and fostering plans, programs and contents, worked out by the Central Front Cadre Training and Fostering Center.

3. Annually, the provincial Political Schools and district Political Centers shall coordinate with the Standing Board of the provincial- and district-level Vietnam Fatherland Front Committees in reaching agreement on the Front cadre training and fostering plans and programs in their respective localities.

Article 19.-On the transfer and detachment of officials and public employees to work at offices of Vietnam Fatherland Front Committees at different levels

The State agencies shall have to consider and satisfy Vietnam Fatherland Front Committees’ requests for transfer or detachment of their officials and/or public employees to work at the office of Vietnam Fatherland Front Committees at different levels.

Article 20.-Regimes and policies for the Front’s cadres as well as officials and public servants performing the Front’s tasks

1. Wages, allowances and other regimes for the Front’s cadres at all levels shall comply with the provisions of law.

2. Officials and public servants, when appointed by their managing or employing agencies to take part in the activities of Vietnam Fatherland Front Committees at all levels, shall have their entitlements be assured by their respective agencies under the provisions of law.

3. For the State’s officials, public servants and employees, who are members of Vietnam Fatherland Front Committees at all levels or assigned to coordinate in work with Vietnam Fatherland Front Committees, the agencies or units managing such officials, public servants or employees shall create conditions for them to fulfill their assigned tasks; and pay wages, allowances to and assure other regimes for the latter during their participation in the Front’s activities.

Article 21.-Operating fund of Vietnam Fatherland Front

1. The State budget shall provide funding for the operation of Vietnam Fatherland Front Committees of all levels according to the current budget management assignment.

Annually, based on the guidance of the competent State agencies and requirements of the assigned tasks, Vietnam Fatherland Front Committees at all levels shall elaborate budget estimates and send them to the finance agencies of the same level for examination and inclusion in the general estimates to be submitted to the competent authority for decision;

2. For unexpected or newly-arising activities for which funding is not available yet, Vietnam Fatherland Front Committees at all levels shall make additional funding estimates and submit them to the Government, the People’s Committees and finance agencies of the same level for consideration and supplement;

3. For the tasks jointly performed by Vietnam Fatherland Front Committees and State agencies, the competent State agencies shall, based on the funding source arranged for these tasks (if any), make allocations for Vietnam Fatherland Front Committees of the same level according to the specific tasks assigned to them.

4. Vietnam Fatherland Front Committees of all levels shall elaborate cost estimates, execute them and make final cost settlement according to the current State budget management regime.

Article 22.-Ensuring conditions for operations of Vietnam Fatherland Front Committees in case of the change of level or administrative boundaries of administrative units and in special cases

When the competent State agencies issue decisions on the change of level or administrative boundaries of the administrative units and in special cases, the competent State agencies shall, within the ambit of their respective tasks and powers, have to ensure material foundations and create conditions for Vietnam Fatherland Front Committees of the same level to stabilize their organization and operations.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 23.-Commendation and handling of violations

1. Organizations and individuals recording achievements in the implementation of policies and legislation on Vietnam Fatherland Front shall be commended or rewarded according to the provisions of law.

Organizations and individuals recording achievements in coordination of work with Vietnam Fatherland Front shall be commended or rewarded by the competent State agencies as prescribed by law, at the proposals of Vietnam Fatherland Front Committees.

2. Organizations that commit acts of breaching law provisions on Vietnam Fatherland Front shall, depending on the nature and seriousness of their violations, be administratively handled; and, if causing damage, have to pay compensation therefor as prescribed by law.

Individuals who commit acts of breaching law provisions on Vietnam Fatherland Front shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability; and, if causing damage, have to pay compensation therefor as prescribed by law.

Any persons who abuse their positions or powers to deliberately obstruct the operation of Vietnam Fatherland Front shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability under law provisions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 24.-Implementation effect

This Decree takes effect 15 days after its signing.

Article 25.-Responsibility for implementation

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the chairmen of the People’s Councils and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.