Circular No. 11/2011/TT-BNV guiding the implementation of certain provisions of Government Decree No. 12/2011/NĐ-CP dated January 30, 2011 on the organization and policies for voluntary youth.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 12/2011/NĐ-CP dated January 30, 2011 of the Government on the Organization and Policies for Volunteer Youthof the Government on the organization and policies for volunteer youth

Pursuant to Decree No. 12/2011/NĐ-CP dated January 30, 2011 of the Government on the organization and policies for volunteer youth (hereinafter referred to as Decree No. 12/2011/NĐ-CP);

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Home Affairs issues guidelines for implementing certain provisions of Decree No. 12/2011/NĐ-CP regarding the procedures and formalities for establishing, dissolving, and managing volunteer youth organizations and their managers.

PART I

GENERAL PROVISIONS

Article 1. Responsibilities for Managing Volunteer Youth

1. For competent state management agencies (the Ministry of Home Affairs and People's Committees of centrally governed cities and provinces):

a) Perform state management functions and tasks related to volunteer youth;

b) Examine and approve or disapprove the establishment, dissolution, and extension of volunteer youth organizations within their authority;

c) Inspect and supervise the implementation of policies and laws concerning volunteer youth.

2. For the Communist Youth Union (referred to as the Youth Union):

a) Establish or dissolve, revoke decisions of volunteer youth organizations, and directly manage the activities of volunteer youth organizations established by their own level;

b) Issue regulations on the organization and operation of volunteer youth organizations established by their own level;

c) Guide and inspect the activities of volunteer youth organizations established by their own level.

Article 2. Principles for Establishing Volunteer Youth Organizations

1. The establishment of volunteer youth organizations must originate from the requirements to fulfill tasks stipulated in Article 4 of Decree No. 12/2011/NĐ-CP for a period of at least 24 months.

2. Volunteer youth organizations can only be established when their objectives, functions, and tasks are clearly defined and do not overlap with existing volunteer youth organizations operating in the administrative area of the province. The scale and type of organization must be appropriate to the assigned functions and tasks. For volunteer youth organizations established by the Central Youth Union that operate in areas already covered by provincial volunteer youth organizations, coordination and agreement with local authorities are necessary to ensure there is no overlap in functions and tasks with previously established organizations.

3. The establishment of Centers and Schools for Social Labor Education as prescribed in Clause 1, Article 9 of Decree No. 12/2011/NĐ-CP must comply with current legal regulations governing the relevant industry or field.

4. The establishment of volunteer youth organizations at the central level must be approved in writing by the Ministry of Home Affairs; at the provincial and centrally governed city levels, such establishments must be approved in writing by the People's Committee of the province or centrally governed city.

Chapter II

PROCEDURES AND AUTHORITY FOR ESTABLISHING AND DISSOLVING VOLUNTEER YOUTH ORGANIZATIONS

Article 3. Procedures and Formalities for Establishing Volunteer Youth Organizations at the Central Level

1. If the Central Youth Union has a need to establish a volunteer youth organization, it shall prepare one set of documents according to the provisions of Article 5 of this Circular and submit them directly to the Ministry of Home Affairs requesting approval as a basis for issuing a decision to establish the organization.

2. Within fifteen working days from the date of receipt of complete and valid documents, the Ministry of Home Affairs shall examine and issue a written opinion approving the establishment of the volunteer youth organization. In cases where approval is not granted, a written response with reasons must be provided.

During the examination of the documents, the Ministry of Home Affairs may invite representatives of relevant ministries, sectors, experts, and scientists to participate; and request the Central Youth Union to provide information and materials related to the establishment of the volunteer youth organization.

3. Based on the approval opinion of the Ministry of Home Affairs, the Central Youth Union shall issue a decision to establish the volunteer youth organization.

For the establishment of Centers and Schools for Social Labor Education, after receiving the approval of the Ministry of Home Affairs, the procedures and formalities for establishment shall be carried out in accordance with the legal regulations governing the specific field of activity.

Article 4. Procedures and formalities for establishing provincial youth volunteer organizations

1. The Provincial Communist Youth Union of Ho Chi Minh City that has the need to establish a youth volunteer organization shall prepare one set of documents in accordance with Article 5 of this Circular and submit it directly to the Department of Home Affairs to seek the approval of the Provincial People's Committee.

2. Within fifteen working days from the date of receiving complete and valid documents, the Department of Home Affairs shall be responsible for reviewing and submitting to the Provincial People's Committee for written approval on the establishment of the youth volunteer organization. In case of disapproval, a written response must be provided along with the specific reasons.

During the process of examining the documents for establishing a youth volunteer organization, the Department of Home Affairs has the right to request the Provincial Youth Union to provide relevant information and materials or invite representatives from related departments and scientific experts to discuss and provide professional opinions.

3. Based on the approval opinion of the Provincial People's Committee, the Provincial Youth Union shall issue a decision to establish the youth volunteer organization.

For the establishment of Centers and Social Labor Education Schools, after obtaining the approval of the Provincial People's Committee, the procedures and formalities for establishment shall be carried out in accordance with the laws governing the specialized fields of operation.

Article 5. Documents for requesting the establishment of a youth volunteer organization

1. A document from the organization proposing to the competent state management agency for its opinion on the establishment of a youth volunteer organization.

2. An approval document from the same-level Party Committee agreeing to the establishment and operation of the youth volunteer organization. For the central level, it is the approval document from the Central Party Organization Committee.

3. A proposal for establishing a youth volunteer organization including the following contents:

a) The type of organization to be established as a youth volunteer organization;

c) Objectives, functions, and tasks of the youth volunteer organization;

d) Structure of the youth volunteer organization;

đ) Resources and other necessary conditions to ensure the newly established youth volunteer organization can operate, including plans for personnel, staffing, operating funds, office premises, and necessary equipment and means of the youth volunteer organization;

e) The planned timeframe for activities of the youth volunteer organization;

g) Recommendations from the agency drafting the proposal for establishing the youth volunteer organization (if any).

4. For the establishment of Centers and Social Labor Education Schools, in addition to the above contents, the proposal must also include written opinions from related specialized management agencies at the central level, including the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Planning and Investment, and the Ministry of Finance. At the local level, it includes the Department of Education and Training, the Department of Labor, Invalids and Social Affairs, the Department of Planning and Investment, and the Department of Finance.

5. Documentation proving the conditions for establishing a youth volunteer organization as stipulated in Article 4 of Decree No. 12/2011/NĐ-CP.

6. Other related documents (if any).

Article 6. Cases of Dissolution of Youth Volunteer Organizations

1. Upon completion of the operational period specified in the establishment decision without an extension decision.

2. When the objectives, tasks, and activities no longer meet the socio-economic development requirements of the locality.

3. As decided by the competent state management agency in handling violations of the law by the youth volunteer organization.

Article 7. Competence and Basis for Dissolution of Youth Volunteer Organizations

1. The competent authority that established the youth volunteer organization shall issue a decision to dissolve the youth volunteer organization in cases prescribed in Clause 1 and Clause 2, Article 6 of this Circular.

2. The competent authority that established the youth volunteer organization shall issue a decision to dissolve the youth volunteer organization in cases prescribed in Clause 3, Article 6 of this Circular based on the decision to handle violations of law issued by the competent authority.

3. The competent authority that established the youth volunteer organization shall issue a dissolution decision after obtaining the approval opinion of the competent state management authority at the same level.

Article 8. Procedure and Formalities for Dissolution of Youth Volunteer Organizations

1. The procedure and formalities for dissolving youth volunteer organizations prescribed in Clause 1 and Clause 2, Article 6 of this Circular shall be implemented as follows:

a) The competent authority to dissolve the youth volunteer organization must prepare one set of files in accordance with Article 9 of this Circular and submit them directly to the competent state management authority at the same level for examination and approval of dissolution or non-approval of dissolution;

b) Within ten working days from the date of receiving complete valid files, the competent state management authority at the same level shall be responsible for examining and providing a written approval opinion on the dissolution of the youth volunteer organization. In case of non-approval, the reasons must be clearly stated;

c) Within five working days from the date of receiving the approval opinion of the competent state management authority at the same level, the competent authority that established the organization shall issue a dissolution decision for the youth volunteer organization.

For the dissolution of Centers and Schools of Social Labor Education, after obtaining the approval opinion of the competent state management authority, the procedure and formalities for dissolution shall be carried out in accordance with the provisions of laws governing the specialized field of operation.

2. The procedure and formalities for dissolving youth volunteer organizations prescribed in Clause 3, Article 6 of this Circular shall be implemented as follows:

a) Based on the decision to handle violations issued by the competent authority, the competent authority to dissolve the youth volunteer organization shall submit the file directly to the competent state management authority at the same level for an approval opinion on dissolution;

b) Within ten working days from the date of receiving complete valid files, the competent state management authority at the same level shall be responsible for examining and providing a written approval opinion on the dissolution of the youth volunteer organization.

c) Within five working days from the date of receiving the approval opinion of the competent state management authority at the same level, the competent authority that established the organization shall issue a dissolution decision for the youth volunteer organization.

Article 9. Documents for Requesting Dissolution of Youth Volunteer Organizations

1. A document from the Youth Organization requesting the competent state management authority to provide an approval opinion on the dissolution of the youth volunteer organization.

2. An approval document from the Party Committee at the same level agreeing to the dissolution of the organization and its activities. For the Central level, it is the approval document from the Central Party Organization Department.

3. Plan for Dissolution of Youth Volunteer Organizations:

a) Reasons for dissolving the youth volunteer organization (for organizations dissolved according to Clause 2, Article 6, clear evidence must be provided to prove that the objectives, tasks, and activities are no longer suitable for the socio-economic development requirements of the locality);

b) Proposals for solutions regarding personnel, organizational structure, staffing, finance, assets, land, and other related issues;

c) Regulations on the responsibilities of organizations and individuals implementing the dissolution plan and the deadlines for handling related issues.

For the dissolution of Centers and Schools of Social Labor Education, in addition to the above contents, the dissolution request documents must also include written opinions from relevant specialized management authorities.

4. A document from the competent authority handling violations of the youth volunteer organization in cases prescribed in Clause 3, Article 6 of this Circular.

5. Other related documents (if any).

Chapter III

YOUTH VOLUNTEER MANAGEMENT STAFF

Article 10. Management cadres of voluntary youth

1. Management cadres of voluntary youth are leadership positions, management roles, or specialized technical jobs within voluntary youth units, including: officials, civil servants, public employees, and officers, professional military personnel, defense workers under the armed forces who are assigned or detailed to work and tasked with management or specialized technical jobs in voluntary youth organizations according to the decision of the competent authority.

2. Members of voluntary youth must meet the following conditions and standards: Adhering well to the Party's policies and guidelines, state policies and laws; having good moral character; being in good health; possessing leadership and administrative capabilities, organizational skills to implement tasks; demonstrating responsibility in their work; having experience in organizing activities for voluntary youth; completing outstanding tasks confirmed by the competent authority establishing the voluntary youth organization; having appropriate professional qualifications for the assigned tasks shall be considered, selected, and appointed by the competent authority to serve as management cadres of voluntary youth during the implementation of the organization's tasks.

3. The duties and powers of management cadres at various levels of voluntary youth are specifically stipulated in the regulations on the organizational structure and operation of voluntary youth organizations.

Article 11. Utilization of management cadres of voluntary youth

The assignment, division of labor, transfer of rank, promotion of rank, appointment, removal from office, reappointment, promotion, rotation, detailing, commendation, and disciplinary measures for management cadres of voluntary youth are implemented in accordance with the Law on Cadres and Civil Servants and the Law on Public Employees.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of voluntary youth organizations

1. For the General Team of voluntary youth, if within three months from the date of the establishment decision by the competent authority, it fails to prepare necessary conditions regarding organizational structure, management cadre staff, voluntary youth members, and material infrastructure and equipment to operate as prescribed, then the competent authority deciding on establishment will issue a decision to revoke the establishment decision and report to the competent state management agency for voluntary youth at the same level.

2. For Centers and Vocational Education and Social Work Schools, if within six months from the date of the establishment decision by the competent authority, they fail to prepare necessary conditions regarding material infrastructure and teaching equipment; teaching staff and management cadres for vocational training; vocational training programs and other quality assurance conditions to organize implementation as prescribed, then the competent authority deciding on establishment will issue a decision to revoke the establishment decision and report to the competent state management agency for voluntary youth at the same level.

3. Thirty days before the dissolution period as prescribed, the Youth Union with voluntary youth organizations dissolved as stipulated in Clause 1, Article 6 of this Circular must submit dissolution request files to the competent state management authority for examination and resolution. If the dissolution deadline has passed without submitting the dissolution request file, the competent state management authority will dissolve the voluntary youth organization according to this Circular, at which time the head of the Youth Union must bear responsibility for the consequences of dissolving the voluntary youth organization beyond the prescribed period.

In case the voluntary youth organization disagrees with the dissolution decision, it has the right to appeal according to the law. During the appeal resolution period, that organization must suspend all activities.

Article 13. Reporting regime

1. At the latest on June 15 for the mid-year report and November 15 for the annual report, member units of the voluntary youth force have the responsibility to report to the Command Board of the same-level voluntary youth force on the organizational situation and results of their unit's activities.

2. At the latest on July 15 for the mid-year report and December 15 for the annual report, the Command Board of the provincial voluntary youth force has the responsibility to compile and report to the Provincial Youth Union, Provincial People's Committee, and the Central Command Board of the voluntary youth force on the organizational situation and results of the provincial voluntary youth force's activities.

3. At the latest on July 30 for the mid-year report and January 15 for the annual report, the Central Command Board of the voluntary youth force has the responsibility to compile and report to the Government (through the Ministry of Home Affairs) and the Central Youth Union on the organizational and operational situation of voluntary youth nationwide.

Article 14. Effective Date

1. This Circular takes effect from November 1, 2011.

2. Voluntary youth organizations established before the effective date of Decree No. 12/2011/NĐ-CP dated January 30, 2011 of the Government are not required to reorganize according to this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, please reflect them to the Ministry of Home Affairs for consideration and resolution./.