Quyết định 37/2008/QĐ-TTg của Thủ tướng Chính phủ về việc phê duyệt Chương trình phổ biến, giáo dục pháp luật từ năm 2008 đến năm 2012

DECISION

APPROVING THE 2008-2012 PROGRAM ON LAW DISSEMINATION AND EDUCATION

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government:
At the proposal of the Minister of Justice,

DECIDES:

Article 1. To promulgate together with this Decision the 2008-2012 Program on law dissemination and education.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

Article 3.The Minister of Justice shall guide, inspect and urge the implementation of this Decision.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees shall implement this Decision.

THE 2008-2012 PROGRAM

ON LAW DISSEMINATION AND EDUCATION
(Promulgated together with the Prime Ministers Decision No. 37/2008/QD-TTg of March 12, 2008)

A. OBJECTIVES AND REQUIREMENTS

I. OBJECTIVES

1. General objectives

To continue creating a higher and higher sense of law respect and observance of public employees and people; to renew methods of organizing law dissemination and education and raise the quality of human resources for law dissemination and education: to promptly and regularly disseminate law contents suitable to each kind of target entity or geographical area; to effectively organize law dissemination and education nationwide, contributing to the adoption of a lifestyle and working style under the Constitution and law; to build and perfect a law-ruled socialist Vietnamese State of the people, by the people and for the people.

2. Specific objectives

By the end of 2012, to strive to achieve the following specific objectives in law dissemination and education:

a/ 80%-90% of the population will be popularized with basic laws and specialized legal documents related to every group of inhabitants in different geographical areas;

b/ 95% or more of cadres and public employees will be furnished with knowledge of laws on their professional domains;

c/ 95% of labor users and 70% of laborers are popularized respectively with legal provisions related to enterprises operation and laws on rights and obligations of citizens and laborers;

d/ 100% of officers and soldiers in peoples armed forces will be furnished with legal knowledge on security and defense as well as other legal provisions directly related to their duties;

e/ 95% of youth and juniors will be popularized and educated with laws directly concerning them;

f/ 95%-100% of legal documents directly related to overseas Vietnamese or foreigners in Vietnam will be popularized with law in appropriate forms.

II. REQUIREMENTS

1. Law dissemination and education constitute part of the political and ideological education and a task of the whole Party-led political system.

2. Inheriting the outcomes, ensuring the continuity and development of the law-dissemination contents, forms and methods elaborated in the 2003-2007 Program on law dissemination and education.

3. Further diversifying forms of law education and dissemination, ensuring the harmonious combination between traditional forms and new ones which are being effectively applied in reality; selecting legal contents suitable to each kind of target entity and geographical area.

4. Ensuring synchronism, comprehensiveness, suitability and efficiency in law dissemination and education. Law dissemination and education programs do not only provide legal information for, but also mobilize public employees and people to observe law so as to improve their sense of law observance and preclude illegal acts.

5. Combining law education with ethical and cultural education as well as the fostering of the sense of voluntariness and self-consciousness in law learning and observance among public employees and people. Law dissemination and education must be carried out in harmony with the enforcement of law and the organization of the campaign Learning and following the ethical example of Ho Chi Minn among the entire Party, people and army.

6. Making proper and efficient investment in facilities, material conditions for. and applying appropriate forms of, law dissemination and education, especially in geographical areas where law violations often occur and areas facing socio-economic difficulties. Mobilizing sources from the community and support of foreign organizations for law dissemination and education and urging people to abide by law.

B. PRINCIPAL CONTENTS

1. Concentrating on law dissemination and education for six groups: cadres and public employees; urban inhabitants, rural inhabitants and ethnic minority people; officers and soldiers in the armed forces; youths and juniors; labor users and laborers in enterprises; foreigners in Vietnam and overseas Vietnamese.

Legal contents selected for dissemination must be suitable to each kind of target entity and geographical area. Concentrating on disseminating legal documents directly concerning the life of public employees and people and legal documents promulgated by the National Assembly, the Government, the Prime Minister and other competent state agencies. Attaching importance to the dissemination of legal provisions concerning international economic integration: corruption prevention and combat; thrift practice and waste combat; social-vice prevention and combat; traffic safety; food safety and hygiene; and exercise of grassroots democracy.

2. Improving the quality of human resources for law dissemination and education from the central to grassroots levels. Investing in material foundations, equipment and facilities and applying modern techniques and devices to meet the law dissemination and education requirements in the new situation.

3. Renewing and raising the efficiency of the existing forms and methods of law education and education; widely applying new and effective forms of law dissemination and education. Focusing on law dissemination and education at the grassroots level.

4. Elaborating and step by step perfecting institutions on law dissemination and education suitable to socio-economic conditions, meeting the political and ideological education requirements. Elaborating and submitting to the National Assembly a draft Law on Law Dissemination and Education.

5. Raising the efficiency of law dissemination and education conducted by ministries, branches and Peoples Committees at all levels as well as the participation of mass organizations and socio-political organizations therein.

6. Key schemes under the Program:

a/ The first scheme: law dissemination and propagation for rural inhabitants and ethnic minority people

- The agency in charge: the Ministry of Agriculture and Rural Development;

- Coordinating agencies: the Ministry of Justice, the Nationalities Committee, the Vietnam Peasants Association and the Central Committee of the Vietnam Womens Union.

b/ The second scheme: consolidating and improving the quality of human resources for law dissemination and education, meeting die national renewal and development requirements

- The agency in charge: the Ministry of Justice;

- Coordinating agencies: the Ministry of Home Affairs, the Party Central Committees Commission for Propagation and Education.

c/ The third scheme: improving the quality of law dissemination and education at schools

- The agency in charge: the Ministry of Education and Training:

- Coordinating agencies: the Ministry of Justice, the Ministry of Defense, the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs, the Central Committee of the Ho Chi Minh Communist Youth Union, the Ho Chi Minh National Politics and AdministrationAcademy.

d/ The fourth scheme: law dissemination and propagation for laborers and labor users in enterprises of all kinds

- The agency in charge: die Ministry of Labor, War Invalids and Social Affairs;

- Coordinating agencies: the Ministry of Justice, the Vietnam Confederation of Labor and the Vietnam Chamber of Commerce and Industry.

7. Formulating and implementing key schemes under the Program. Combining the implementation of the Program with schemes under the national program of action for law dissemination and education and raising the sense of law observance for cadres and people in communes, wards and townships during 2005-2010 (promulgated together with the Prime Ministers Decision No. 212/2004/QD-TTg of December 16, 2004) and other socio-economic development programs.

C. SOLUTIONS TO IMPLEMENTATION OFTHE PROGRAM

1. Consolidating, developing and raising the quality of law dissemination and education human resources

a/ Consolidating and strengthening the contingent of cadres engaged in law dissemination and education at all levels, cadres in charge of legal affairs and cadres and public employees of law-enforcement agencies. Periodically, organizing training courses on political theory and law dissemination and education skills as well as contests for the staff engaged in law dissemination and education so as to encourage and create conditions for them to improve their professional knowledge as well as their working efficiency and quality. Promoting the role of the contingent of law rapporteurs at various levels in law dissemination and education.

b/ Building, training, retraining, supplying legal documentations to, and creating other necessary conditions for raising the quality of. the contingent of law rapporteurs, propagators, law correspondents and editors in press and publishing agencies, citizenship education and law teachers so as to improve their professional quality, ensuring quantitative and qualitative satisfaction in terms of moral and professional qualifications and practical experiences. Paying attention to foreign and ethnic minority language training for the staff engaged in law dissemination and education in relevant localities;

c/ Promoting the role of lawyers, trade union leaders, cadres of the Ho Chi Minh Communist Youth Union, youth volunteers and cadres of socio-political organizations, social organizations and socio-professional organizations in law dissemination and education.

2. Renewing and raising the quality and efficiency of law dissemination and education forms and methods

Depending on each kind of target entity of law dissemination and education and practical conditions of ministries, branches and localities, law dissemination and education will be canned out in the following principal forms:

a/ Enhancing verbal dissemination of legal provisions

Properly implementing Directive No. 17-CT/TW of October 15, 2007, of the Party Central Committees Secretariat on further renewing and raising the quality and effectiveness of verbal dissemination in the new situation. Organizing re-training courses and introducing new legal documents as well as legal documents related to public employees professional operations and peoples life. Attaching importance to law dissemination and education at the grassroots level. Renewing methods of introducing legal documents in the direction of enhancing exchanges, dialogues and discussions and answering of inquiries of target entities so as to raise their activeness in acquisition of legal knowledge.

b/ Raising the quality of law teaching and learning in schools at various grades and training levels

- Elaborating, finalizing and seriously implementing official intra-curricular law education programs suitable to each education grade and training level; renewing methods of law teaching and learning in the direction of raising the activeness of pupils and students and the practicality in lessons given by teachers and lecturers;

- Organizing more extra-curricular activities, creating conditions for pupils and students to participate in law-specialized political activities. Law students should study and inquire into law-building and -enforcement activities;

- Studying, developing and applying sets of teaching aids for teaching and learning citizenship education and law subjects, including books, reference materials, video discs and other visual teaching aids;

- Building law research and consultancy centers at law bachelor-training establishments so as to create conditions for students to foster their theoretical knowledge and improve their capability to apply knowledge in reality;

- Organizing contests for good teachers and pupils of citizenship education and law subjects.

c/ Promoting the effectiveness of law dissemination and education on the mass media

- Actively mobilizing the existing strength and advantages of the mass media in law dissemination and education; opening new columns, increase broadcasting time volumes and newspaper pages, ensuring accurate contents as well as plentiful and attractive forms. Enhancing the presss nature of orienting and guiding public opinions in law dissemination and education. Paying attention to law dissemination and propagation in ethnic minority and foreign languages in the press;

- Optimizing the use of local radio and television stations in law dissemination and education; paying attention to investments in material and technical foundations for law dissemination and education; increasing the quantity and improving the quality of other legal documentations in order to support law dissemination and education on local public-addressing systems.

d/ Diversifying documents used for law dissemination and education, including: books, leaflets, video tapes and discs, audio discs, calendars, panels and posters. Common legal publications must be delivered free-of-charge to the people. Paying attention to the printing of bilingual documents for ethnic minority people, foreigners in Vietnam and overseas Vietnamese.

e/ Raising the effectiveness of the management, exploitation and use of documentations from law-book cases in communes, wards, townships, agencies, units, enterprises and schools

- Based on lists of legal documents which are no longer effective, promulgated by competent agencies, Peoples Committees of communes, wards, townships, agencies, units, enterprises and schools shall scrutinize, update and supplement new law books to meet demands of employees and people, attaching importance to common law books and law question-and-answer books. Effectively exploiting Cong bao and other documents in law-book cases. Developing a movement for reading law books among the people;

- Diversifying forms of law-book cases. Striving to combine the traditional model of law-book cases with the form of e-book cases. Strongly accelerating the rotation of law books between law-book cases in communes, wards and townships and commune post-culture spots, cultural houses of population quarters and villages and law-book cases of agencies, units, enterprises and schools. Maintaining and developing specialized law-book cases for each region.

f/ Intensifying grassroots conciliation activities in law dissemination, propagation and education

- Strengthening the contingent of cadres performing the management of conciliation activities from the central to grassroots levels;

- Renewing the provision of law and professional knowledge training for grassroots conciliators, paying attention to training of judicial officials in communes, wards and townships and conciliators who are ethnic minority people;

- Periodically, supplying documents and organizing exchanges and contests so as to create favorable conditions for conciliators to meet and exchange experiences.

g/ Enhancing law dissemination and education through activities of law clubs

- Improving the operation quality of law clubs. Concentrating efforts on renewing law dissemination at clubs along the direction of organizing specialized activities, exchange and explanation of legal problems arising in reality; allocating funds for these activities from the state budget as well as contributions of organizations and individuals;

- Further integrating law contents with regular activities of other clubs. Promoting operation efficiency of enterprises legal affairs clubs in order to attract their participation and promptly satisfy their requirements for law inquiry and application;

- Encouraging cadres and public employees who have been trained in law to act as collaborators of law clubs.

h/ Renewing and diversifying forms of legal quiz as well as cultural and artistic exchanges with legal contents

Promoting the effectiveness of writing contest, on-stage contests and television contests; organizing law contests on the Internet; attaching importance to the integration of law contents with cultural and artistic exchanges and activities. Creating cinematographic and theatrical works and opening camps for creation of literary works on law subjects.

i/ Strongly developing forms of legal consultancy and legal aid, supplying legal documents, applying information technology to law dissemination and education and applying on a trial basis form of online answering of law inquires

- Enhancing the combination of law dissemination and education with mobile legal aid in particular difficulty-hit communes in mountainous, deep-lying and ethnic minority areas so as to meet local peoples demands for settlement of legal problems. Extending and improving the quality of legal aid activities, legal consultancy centers and legal consultancy teams under socio-political organizations and other social organizations;

- Applying on a trial basis the form of giving answers to law inquiries through e-mail or by post and organizing online exchanges of opinions;

- Launching websites to supply legal documents free-of-charge.

j/ Accelerating law dissemination and education through law enforcement activities of state agencies

- Integrating law dissemination and education with investigation, prosecution and trial activities as well as the performance of public duties of inspection, market control, forest protection, customs and tax agencies;

- Elaborating and implementing programs and plans on training in legal knowledge and law dissemination and education skills to each target entity.

k/ Organizing law dissemination and education through the elaboration and implementation of villages or hamlets conventions, agencies regulations and social organizations charters; integrating law dissemination and education with other socio-economic programs being underway; launching peak drives and peak months for law implementation and observance. Mobilizing households to sign commitments on law violation-free family. Building good examples on law observance in population communities.

l/ Organizing polls in order to gather feedbacks from public employees and the people on the effect of law enforcement and demands for law dissemination and education so as to adjust the contents, forms and methods of law dissemination and education to suit the practical requirements.

Public opinion polls must be conducted in diversified forms: gathering comments on draft laws; conducting direct surveys via interviews, questionnaire sheets and mailboxes; developing specialized columns on law dissemination, propagation and education on the mass media; collecting peoples requests for law dissemination and education via lawyers associations, bar associations, law firms, legal aid centers as well as other social organizations and associations.

3. Perfecting institutions on law dissemination and education

a/ Elaborating the draft Law on Law Dissemination and Education for submission to the XIIth National Assembly; promptly promulgating legal documents guiding the implementation thereof once it is passed;

b/ Reviewing, amending and supplementing regulations on the management and use of funds for law dissemination and education;

Studying and elaborating regulations on support for the contingent of rapporteurs and propagators engaged in law dissemination and education.

4. Allocating funds and investing in material foundations for law dissemination and education

- Investing in material foundations, intensifying the application of modern techniques and devices in order to raise the effectiveness of law dissemination and education;

- Mobilizing the participation and voluntary contributions of agencies, organizations and enterprises for law dissemination and education activities.

D. FUNDS FOR THE IMPLEMENTATION OF THE PROGRAM

1. Funds for the implementation of the Program on law dissemination and education are included in annual budget plans of ministries, branches, central agencies and localities according to current state budget decentralization and voluntary contributions of organizations and individuals at home and abroad in accordance with law.

2. Funds for the implementation of the Program must be managed and used in an efficient and legal manner.

E. ORGANIZATION OF IMPLEMENTATION

I. TIME FOR IMPLEMENTATION OF THE PROGRAM

1. In 2008: Ministries, branches and localities shall elaborate plans on the implementation of the Program; ministries and branches assigned to take the main charge over schemes shall elaborate and submit detailed schemes to the Prime Minister for approval.

2. During 2009-2012: To organize the implementation of the Program and its key schemes. In 2010, to organize the preliminary review and propose solutions to achieve the Programs objectives.

3. In 2012: To organize the final review of the results of implementation of the Program and, on that basis, affirm appropriate law dissemination and education models, draw necessary lessons and experience so as to well organize law dissemination and education in the subsequent periods.

II. DIVISION OF RESPONSIBILITY

1. The Ministry of Justice shall:

a/ Direct, guide, urge and supervise the implementation of this Program by various authorities and branches; annually, sum up and report the implementation results to the Prime Minister; propose major solutions to the effective implementation of the Program;

b/ Assume the prime responsibility for, and coordinate with ministries and branches in, elaborating detailed schemes under the Program for submission to the Prime Minister for approval;

c/ Formulate and perfect mechanisms and policies on the management and administration of the implementation of the Program; assume the prime responsibility for proposing solutions to the consolidation of the contingent of cadres engaged in law dissemination and education at the central and grassroots levels;

d/ Act as the standing body of the Government Council for Law Dissemination and Education and have the responsibility to direct and guide the law dissemination and education activities of law dissemination and education councils at ministries, branches and localities;

e/ Direct and guide provincial/municipal Justice Services to advise provincial-level Peoples Committees on promulgating documents on law dissemination and education and organizing the implementation of these documents in their respective localities:

f/ Conduct law information, compile and distribute documents for the implementation of the Program. Direct, guide and inspect the building, management and exploitation of law-book cases in communes, wards, townships, agencies, enterprises and schools. Assume the prime responsibility for, and coordinate with the Ministry of Information and Communication and the Ministry of Culture, Sports and Tourism in, effecting the rotation of law books between commune culture-post spots and commune libraries and law-book cases in order to improve operation efficiency;

g/ Inspect, organize preliminary and final reviews and implement regulations on commendation or propose commendation for collectives and individuals that record outstanding achievements in the implementation of the Program on law dissemination and education;

h/ Assume the prime responsibility for elaborating and implementing the Scheme on consolidating and raising the quality of the human resources engaged in law dissemination and education, meeting the national renewal and development requirements.

2. The Ministry of Education and Training shall:

a/ Direct law teaching activities at schools, introducing appropriate law education contents to all education grades and training levels. Coordinate with the Ministry of Justice in perfecting programs, teaching materials, textbooks and documents guiding the teaching and learning of citizenship education and law subjects along the direction of combining theory with practice. Select appropriate and systematic law contents so as to ensure practical efficiency;

b/ Ensure sufficiency and improve the quality of the contingent of citizenship education teachers and law lecturers. Adopt policies to train, re-train, standardize, and adopt appropriate treatment policies for, citizenship and law teachers and lecturers;

c/ Work out and apply a set of teaching aids in support of the teaching and learning of the citizenship education and law subjects;

d/ Regularly inspect and evaluate the learning of citizenship education and law subjects at schools;

e/ Assume the prime responsibility for elaborating and effectively implementing the Scheme on raising the quality of law dissemination and education at schools.

3. The Ministry of Information and Communication shall:

a/ Direct the elaboration, consolidation, maintenance and improvement of quality of specialized columns on law information and dissemination on newspapers, radio and stations and websites;

b/ Direct the consolidation and development of the contingent of law reporters and editors of central and local mass media agencies. Regularly provide training on legal knowledge and professional skills so as to ensure that law dissemination is conducted in strict accordance with the Partys lines and policies and the States law.

4. The Ministry of Culture, Sports and Tourism shall:

a/ Direct and guide the formulation, consolidation and finalization of grassroots cultural-information institutions so as to introduce law to the people through cultural and art activities, festivals, contests, cultural houses, clubs and exhibitions, integrate law dissemination with cultural, sport and tourism activities occasioned by big national anniversaries;

b/ Disseminate and praise examples of good persons, good deeds and advanced models in law observance; fight superstition, backward traditions, domestic violence, social evils, depraved cultural works and unhealthy phenomena in lifestyle and cultural activities.

5. The Ministry of Labor, War Invalids and Social Affairs shall:

a/ Direct and guide law dissemination and education in the domains of employment, job-training, labor, wage, remuneration, social insurance and labor safety to enterprises, policies towards people with meritorious services, social relief policies, child protection and care, gender equality and social evil prevention and combat;

b/ Assume the prime responsibility for elaborating and effectively implementing the Scheme on law dissemination and education to labor users and laborers in enterprises of various types.

6. The Ministry of Agriculture and Rural Development shall:

a/ Direct and guide law dissemination and education to entities under its management as approved by the Program;

b/ Assume the prime responsibility for elaborating and effectively implementing the Scheme on law dissemination and propagation to rural inhabitants and ethnic minority people.

7. The Ministry of Finance shall:

a/ Allocate annual budgets to ministries, branches and localities for the implementation of the Program and its schemes in accordance with the Law on the State Budget;

b/ Review, amend and supplement regulations on fund management and use so as to ensure adequate funds for law dissemination and education;

c/ Assume the prime responsibility for, and coordinate with the Ministry of Justice in, studying and promulgating regulations and policies on allowances for law propagators.

8. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Justice and the Ministry of Culture, Sports and Tourism in, conducting law dissemination and education for foreigners in Vietnam and overseas Vietnamese.

9. The Ministry of Defense and the Ministry of Public Security shall direct and guide law dissemination and education in the armed forces.

10. Mass media agencies, especially the Vietnam Television Station and the Voice of Vietnam Radio, shall continue consolidating, creating and maintaining specialized columns on law information and dissemination in service of public cadres and people; increase the radio and television broadcasting time volumes on law dissemination and education; Vietnam Television shall assume the prime responsibility for, and coordinate with ministries and branches in, studying the possibility of building a law television channel.

11. Ministries, ministerial-level agencies and government-attached agencies shall:

a/ On the basis of the Program and their practical situations, take the initiative in elaborating long-term and annual programs and plans on law dissemination and education at their ministries and branches: take the main charge for disseminating and guiding the implementation of legal documents promulgated by ministries or branches or drafting documents for submission to competent agencies for promulgation; coordinate with the Ministry of Justice, central organizations and administrations at various levels in conducting law dissemination and education for cadres, people and members; arrange cadres specialized in law to monitor and implement law dissemination and education: consolidate and improve the operation efficiency of law dissemination and education councils at ministries and branches;

b/ Ensure budget funds for law dissemination and education under current financial regulations;

c/ Carry out quarterly and annual inspection, preliminary review and evaluation of the implementation of law dissemination and education; notify the Ministry of Justice of the results of law dissemination and education for summing up and reporting to the Government;

d/ Ministries, branches and organizations which are assigned to take the main charge of schemes shall coordinate with concerned ministries and branches and provincial/municipal Peoples Committees in organizing the implementation of schemes approved by the Prime Minister:

e/ Ministries and branches which are assigned to take the main charge of the schemes shall base themselves on the objectives and contents of the detailed schemes and elaborate cost estimates and send them to the Ministry of Finance for sum up and submission to competent agencies for approval and incorporation into annual budget estimates.

12. The Supreme Peoples Court and the Supreme Peoples Procuracy are requested to direct and guide law dissemination and education to cadres and the people through investigation, prosecution and trial activities; provide training and retraining in law dissemination and education skills and methods to the contingent of prosecutors, judges and peoples jurors.

13. The Central Committee of the Vietnam Fatherland Front and its member organizations shall take the initiative and coordinate with state agencies in mobilizing people to actively learn about and strictly abide by law, accelerating the supervision of law enforcement activities of state agencies, cadres and public employees; and propose functional agencies to strictly handle law violations.

14. Peoples Committees at various levels shall:

a/ Based on this Program, the guidance of ministries, branches, the Governments Law Dissemination and Education Council and the practical situation in their localities, take the initiative in elaborating and organizing the implementation of programs and plans on law dissemination and education;

b/ Improve the quality of the personnel engaged in law dissemination and education in localities;

c/ Ensure budget funds for the effective implementation of the Program on law dissemination and education; integrate activities of this Program with other related programs and projects in the localities;

Promulgate documents guiding the management and use of funds for law dissemination and education in the localities. Adopt regulations on support for the contingent of law rapporteurs, propagators, conciliators and those engaged in law dissemination and education.

d/ Direct the consolidation of the organization and operation of law dissemination and education councils at various levels;

The consolidation of law dissemination and education councils must be carried out so as to ensure the improvement of their operation efficiency suitable to the characteristics and practical situations, ensuring the principles of practicality and efficiency.

e/ Annually, conduct preliminary and final review and report to the Ministry of Justice the implementation results of the Program. Implement regulations on commendation and reward for collectives and individuals that record outstanding achievements in this work.

15. Law dissemination and education councils shall, within the ambit of their functions and tasks, organize the implementation of this Program.