JOINT CIRCULAR No. 04/2001/TTLT-VPCP-MICHP-MICATM-UNFPA-NAWCCD-GSO Supplementing Joint Circular No. 03/2000/TTLT-VPCP-MICHP-GSO on the formulation and implementation of village, commune, ward, hamlet, and community social norms regarding population policy and family planning

JOINT CIRCULAR

Supplemental Circular Jointly Issued No. 03/2000/TTLT-BTP-VHTT-BTTUBTƯMTTQVN

on building and implementing village, commune, ward, hamlet, and community customs and regulations

regarding the implementation of population policy - family planning

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On March 31, 2000, the Ministry of Justice jointly with the Ministry of Culture, Sports and Tourism and the Central Steering Committee of the Vietnam Fatherland Front issued Circular Jointly Issued No. 03/2000/TTLT-BTP-BVHTT-BTTUBTƯMTTQVN guiding the construction and implementation of village, commune, ward, hamlet, and community customs and regulations. After more than one year of implementation, generally, the construction and implementation of customs and regulations have developed both in quantity and quality. In many localities, new customs and regulations have provisions that comply with the law, contributing to promoting traditional customs, elevating traditional moral standards, supporting state management, and enhancing community self-management. Many customs and regulations have provisions for implementing population policy - family planning. Although the level and expression vary among communities, these provisions have initially contributed to the implementation of population policy - family planning at the grassroots level;

However, through research, surveys, and evaluations of the actual situation in some provinces and centrally administered cities, it is noted that the provisions encouraging and discouraging the implementation of population policy - family planning in customs and regulations are still superficial, lacking feasibility, and contain contents that are not consistent with legal provisions. Some localities have not guided communities to include this content in customs and regulations;

To address the above limitations and implement the Prime Minister's directive (in Official Letter 3493/VPCP-VX), the Ministry of Justice, the Ministry of Culture, Sports and Tourism, the National Committee for Population and Family Planning, and the Central Steering Committee of the Vietnam Fatherland Front jointly supplement Circular Jointly Issued No. 03/2000/TTLT on incorporating certain contents of population policy - family planning into customs and regulations as follows:

I. CONTENT AND WAY OF IMPLEMENTATION OF POPULATION POLICY - FAMILY PLANNING IN CUSTOMS AND REGULATIONS:

1. Regarding the content of customs and regulations, it is necessary to supplement specific points to implement population policy - family planning as follows:

a) Proposing measures to encourage the establishment of small, healthy, warm, equal, progressive, and happy families; implementing family planning; voluntarily choosing contraceptive methods, avoiding premarital pregnancy, early marriage, early childbirth, frequent childbirth; during pregnancy, conducting regular check-ups, vaccinations, and giving birth at healthcare facilities.

b) Proposing measures to mobilize children within the age range for full vaccination, attending school on time; addressing malnutrition, dropout rates, vagrancy, sexual abuse, and social evils affecting children; encouraging children to study diligently, respect grandparents, parents, fulfill filial duties when they are sick or elderly; encouraging grandparents and parents to nurture children to become good citizens, live exemplary lives, and set good examples for their children;

c) Proposing measures to encourage and discourage in customs and regulations aimed at implementing population policy - family planning:

In addition to the reward and punishment measures already guided in Circular Jointly Issued No. 03/2000/TTLT, communities can stipulate in their customs and regulations certain encouragement and discouragement measures for implementing population policy - family planning based on their actual conditions and circumstances as follows:

- Publicly commending and rewarding individuals and families in annual summary meetings, community gatherings; recognizing them as cultural families; prioritizing loans for poverty reduction and industry development; or providing monetary or material incentives.

- For individuals and households who fail to comply or fully comply with the provisions in customs and regulations, they may not be considered for recognition as cultural families; the Ward Chief, People's Committee Representative, or respected community member should meet with them, discuss, analyze shortcomings, advise corrections. In cases of serious violations, they may be required to fulfill responsibilities within the community but no harsh penalties that infringe upon life, health, freedom, dignity, reputation, property, or other legitimate rights of citizens shall be imposed.

The aforementioned encouragement and discouragement measures must be discussed and agreed upon voluntarily by the community. The application of measures to handle violations of customs and regulations does not replace legal measures.

2. The way to express the content of implementing population policy - family planning in customs and regulations should be as follows:

a) In cases where customs and regulations have been approved and are being implemented but lack or inadequately cover the contents guided in Section 1 of this Circular, two options can be chosen:

- When reviewing the implementation of customs and regulations annually, guidance should be provided for the community to proactively propose supplements to customs and regulations concerning the implementation of population policy - family planning;

- The community can develop an additional Regulation specifically for the implementation of population policy - family planning

b) In cases where customs and regulations are currently under development, it is necessary to immediately incorporate the contents of implementing population policy - family planning before approval or submission to the Chairman of the People's Committee of the district for approval.

The procedures for drafting to promulish new or amend and supplement the contents implementing population policy - family planning policies mentioned in points a and b above must follow the drafting, approval procedures for village regulations as guided in Section II of Circular Joint Circular No. 03/2000/TTLT.

II. RESPONSIBILITIES TO ASSIST PEOPLE'S COMMITTEES AT ALL LEVELS IN MANAGING THE DEVELOPMENT AND IMPLEMENTATION OF VILLAGE REGULATIONS AND AGREEMENTS ON THE IMPLEMENTATION OF POPULATION POLICY - FAMILY PLANNING POLICIES

1. At provincial level: The Department of Justice takes the lead in coordinating with the Population, Family and Children Committee, the Department of Culture and Information to assist the Provincial People's Committee in coordinating with the same-level Vietnam Fatherland Front Committee in supplementing the contents implementing population policy - family planning policies into draft Resolutions of the Provincial People's Councils guiding the content of village regulations; performing other tasks as directed in Section III.1 of Joint Circular No. 03/2000/TTLT.

The Department of Justice takes the lead in coordinating with the provincial Population, Family and Children Committee and the Department of Culture and Information to review local legal documents in the field of population - family planning to propose the abolition of documents, provisions beyond authority, amendment, supplementation, or issuance of new documents within the authority on population policy - family planning at the local level.

2. At district level: The Legal Affairs Office takes the lead in coordinating with the Population, Family and Children Committee, the Cultural and Information Office to assist the District People's Committee in coordinating with the same-level Vietnam Fatherland Front Committee in inspecting and supervising the implementation of population policy - family planning contents in village regulations and agreements according to the guidance of this Circular.

The Legal Affairs Office takes the lead in coordinating with the Population, Family and Children Committee and the Cultural and Information Office to assist the Chairman of the District People's Committee in examining the legality, removing contents related to population policy and family planning in village regulations and agreements that violate current laws; reviewing local government documents issued at the district level to propose the abolition of documents, provisions beyond authority, amendment, supplementation, or issuance of new documents within the authority on population policy - family planning at the local level.

In case of discovering incorrect contents, report to the District People's Committee to temporarily suspend enforcement and guide to correct and perfect those contents.

3. At commune level: Legal Affairs staff take the lead in coordinating with population, family and children staff, cultural and information staff to assist the Commune People's Committee in performing the following tasks:

- Coordinate with the Vietnam Fatherland Front Committee at the commune level to guide communities in building contents implementing population policy - family planning policies in village regulations and agreements according to the guidance in Part I of this Circular and to promote and mobilize the people to implement them.

- Prepare files to submit to competent authorities for approval;

- Inspect, detect and rectify all negative manifestations in the construction and implementation of contents related to population policy - family planning policies in village regulations, regularly reporting to higher-level People's Committees and the same-level People's Councils.

- Review local documents issued by the commune to propose the abolition of documents, provisions beyond authority, amendment, supplementation, or issuance of new documents within the authority on population policy - family planning at the local level.

During implementation, if there are difficulties, the Departments of Justice and Culture and Information, the Population, Family and Children Committee, and the Standing Committee of the Vietnam Fatherland Front Committee at the provincial level need to promptly reflect to the Ministry of Justice, the Ministry of Culture and Information, the National Population and Family Planning Committee, and the Standing Committee of the Vietnam Fatherland Front to consider and resolve./.