Decree No. 12/2011/NĐ-CP on the organization and policies for voluntary youth

DECREE

On the organization and policy for voluntary youth

______________________

THE GOVERNMENT

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

Pursuant to the Law on Youth dated November 29, 2005;

Considering the proposal of the Minister of Home Affairs, Chairman of the National Committee on Youth of Vietnam, and the Central Committee of the Ho Chi Minh Communist Youth Union,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization and policy for voluntary youth participating in economic and social development and the responsibilities of state agencies towards voluntary youth.

Article 2. Applicability

This Decree applies to organizations of voluntary youth, members of voluntary youth, and managers of voluntary youth.

Article 3. Functions of voluntary youth

Voluntary youth is a vanguard force of young people participating in implementing tasks for economic and social development, job creation, education, training, and vocational training for young people.

Article 4. Tasks of voluntary youth

1. Participate in implementing programs and projects for economic and social development assigned in border areas, islands, and places with difficult socio-economic conditions, particularly extremely difficult conditions (hereinafter referred to collectively as difficult areas).

2. Participate in implementing disaster relief, epidemic control, environmental protection, traffic safety, national defense security, and other urgent tasks.

3. Participate in drug rehabilitation, labor education, job placement for young people after drug rehabilitation, and other delinquent juveniles.

4. Participate in producing goods, providing services, transferring scientific and technological progress, supporting farmers in production, and vocational training linked to job creation for young people.

5. Educate, train, and nurture cultural, professional skills, political qualities, moral qualities, and care for the spiritual cultural life of members and managers of voluntary youth.

Article 5. Authority to establish, dissolve, and manage voluntary youth

1. Voluntary youth can only be established when it is necessary to mobilize young people to perform tasks as prescribed in Article 4 of this Decree for a period of 24 months or more.

2. The authority to establish, dissolve, and manage voluntary youth is specified as follows:

a) Voluntary youth at the central level is decided by the Central Committee of the Ho Chi Minh Communist Youth Union to establish, dissolve, and manage;

b) Voluntary youth at provincial and centrally-administered city levels (hereinafter referred to collectively as provincial-level voluntary youth) is decided by the Provincial and City Youth Unions of the Ho Chi Minh Communist Youth Union to establish, dissolve, and manage.

3. The establishment of voluntary youth must be approved by the competent state management agency in accordance with the law.

4. The Ministry of Home Affairs shall guide the procedures for establishing, dissolving, and managing voluntary youth as prescribed in this Decree.

Article 6. Members of voluntary youth

1. Members of voluntary youth are Vietnamese citizens aged from 18 to 30 years old, having good moral character and health, voluntarily joining voluntary youth for a period of 24 months or more.

2. Members of voluntary youth have the responsibility to comply with the regulations of the voluntary youth organization, laws, and enjoy benefits and policies as prescribed.

1. A person assigned by an authorized agency to manage or perform specialized technical work in a volunteer youth unit shall be referred to as a management cadre of volunteer youth.

2. The Ministry of Public Security shall provide detailed guidance on the provisions of Clause 1 of this Article.

Article 8. Uniforms and Forms of Recognition for Volunteer Youth

1. The uniforms of volunteer youth include: uniforms, insignia, and volunteer youth badges.

2. Forms of recognition for volunteer youth include: Volunteer Youth Member Cards, Certificates of Completion of Volunteer Youth Tasks, and Volunteer Youth Commemorative Medals.

3. The Central Committee of the Ho Chi Minh Communist Youth Union shall uniformly stipulate the uniforms and forms of recognition for volunteer youth as provided in Clauses 1 and 2 of this Article and decide on the awarding of Volunteer Youth Commemorative Medals.

Chapter II

ORGANIZATION OF VOLUNTEER YOUTH

Article 9. Organization of Volunteer Youth

1. Volunteer youth may be organized in the following forms:

a) General Volunteer Youth Teams;

b) Centers and Social Labor Education Schools.

2. The Command Board of the Volunteer Youth Force at each level assists the Ho Chi Minh Communist Youth Union in performing management tasks for volunteer youth at that level.

3. Volunteer youth may establish enterprises to carry out assigned tasks in accordance with the law.

Article 10. Central Command Board of the Volunteer Youth Force

1. The Central Command Board of the Volunteer Youth Force is established, dissolved, and managed by the Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union in accordance with the provisions of Article 5 of this Decree.

2. The Central Command Board of the Volunteer Youth Force consists of: a Commander-in-Chief, not more than three Deputy Commanders-in-Chief, and functional departments as guided by the Central Committee of the Ho Chi Minh Communist Youth Union.

3. The Central Command Board of the Volunteer Youth Force has the following duties and powers:

a) Assist the Central Committee of the Ho Chi Minh Communist Youth Union in making decisions regarding organization, activities, and policies for volunteer youth;

b) Direct, urge, inspect units under the Central Volunteer Youth Force and local volunteer youth units assigned tasks by central authorities;

c) Serve as the point of contact for maintaining information systems and coordinating the implementation of volunteer youth tasks;

d) Summarize and report to the Central Committee of the Ho Chi Minh Communist Youth Union on the organization, activities, and implementation of policies for volunteer youth.

Article 11. Provincial Command Board of the Volunteer Youth Force

1. The Provincial Command Board of the Volunteer Youth Force is established, dissolved, and managed by the Ho Chi Minh Communist Youth Union at the provincial level in accordance with the provisions of Article 5 of this Decree.

2. The Provincial Command Board of the Volunteer Youth Force consists of: a Commander-in-Chief, not more than three Deputy Commanders-in-Chief, and functional units as guided by the Central Committee of the Ho Chi Minh Communist Youth Union.

3. The Provincial Command Board of the Volunteer Youth Force has the following duties and powers:

a) Assist the Ho Chi Minh Communist Youth Union at the provincial level in making decisions regarding organization, activities, and policies for volunteer youth;

b) Direct, urge, guide, and inspect units under the provincial Volunteer Youth Force to fulfill assigned tasks;

c) Serve as the point of contact for maintaining information systems and coordinating the implementation of tasks for the provincial Volunteer Youth Force;

d) Summarize and report to the Ho Chi Minh Communist Youth Union at the provincial level and the Central Command Board of the Volunteer Youth Force on the situation of organization, activities, and implementation of policies for volunteer youth.

Article 12. Volunteer Youth Corps

1. The Volunteer Youth Corps shall be established, dissolved, and managed by the Ho Chi Minh Communist Youth Union at the same level in accordance with the provisions of Article 5 of this Decree.

2. The organizational structure of the Volunteer Youth Corps includes:

a) A Corps Commander and no more than three Deputy Corps Commanders;

b) Specialized technical units directly managing and utilizing volunteer youth, established in accordance with the guidance of the Central Committee of the Ho Chi Minh Communist Youth Union.

3. The Volunteer Youth Corps has the following tasks:

a) Participating in implementing economic and social development programs and projects assigned in difficult areas; contributing to poverty reduction, population stabilization, and national defense and security maintenance;

b) Participating in implementing tasks related to prevention, control, and mitigation of natural disasters, epidemics, environmental protection, traffic safety maintenance, urban civilization preservation, and other urgent and difficult tasks;

c) Organizing production of goods, providing services, transferring scientific and technological progress, and vocational training linked to job creation for young people;

d) Educating, training, nurturing, and caring for the cultural and spiritual life of volunteer youth members;

đ) Summarizing and reporting to the Volunteer Youth Corps Command at the same level on the organizational situation, activities, and implementation of policies for volunteer youth.

Article 13. Centers and Social Labor Education Schools

1. Centers and Social Labor Education Schools of volunteer youth organizations shall be established in accordance with the law and managed in accordance with the provisions of Article 5 of this Decree.

2. The organizational structure of Centers and Social Labor Education Schools includes:

a) A Director and no more than three Deputy Directors;

b) Specialized units established in accordance with the guidance of the Central Committee of the Ho Chi Minh Communist Youth Union.

3. Centers and Social Labor Education Schools of volunteer youth organizations have the following responsibilities and authorities:

a) Accepting, treating, educating, teaching trades, and creating jobs for young people addicted to drugs and young people after drug rehabilitation in accordance with the law;

b) Training staff for management of volunteer youth and teaching trades to volunteer youth members;

c) Summarizing and reporting to the Volunteer Youth Corps Command at the same level on the organizational situation, activities, and implementation of policies for volunteer youth.

Article 14. Enterprises

1. Enterprises of volunteer youth organizations shall be established and operate in accordance with the Law on Enterprises.

2. Enterprises of volunteer youth organizations shall create conditions for volunteer youth members who have completed their tasks or young people after drug rehabilitation to be accepted into employment at the enterprise.

Chapter III

CPOLICIES FOR UNITS, MEMBERS AND

MANAGEMENT STAFF OF VOLUNTEER YOUTH

Article 15. Policies for volunteer youth units

1. The Volunteer Youth Corps shall enjoy the following policies:

a) The State shall provide financial resources to implement economic and social development programs and projects corresponding to assigned tasks; ensuring regular activities of the management machinery as stipulated in Clause 2 of Article 12 of this Decree in accordance with the law;

b) Being granted land use rights, forest allocation, and being exempted or reduced from land use tax during project implementation in accordance with the law;

c) Having the right to borrow preferential credit for production and being entrusted to borrow funds from the Social Policy Bank for volunteer youth members of the corps for production and service provision in accordance with the law.

2. Centers and Social Labor Education Schools of volunteer youth organizations shall enjoy the following policies:

a) Enjoying preferential policies for drug rehabilitation activities and job placement for those after rehabilitation; vocational training and employment service activities in accordance with the law;

b) The State ensures regular activities of the management machinery as stipulated in Clause 2 of Article 13 of this Decree in accordance with the law.

3. Enterprises under volunteer youth organizations producing and supplying public utility products and services assigned by the State shall be provided with corresponding financial resources and enjoy other mechanisms, policies, and preferences in accordance with the law.

Enterprises under volunteer youth organizations accepting volunteer youth members after completing their tasks or young people after drug rehabilitation shall enjoy the policies stipulated in point b and point c of Clause 1 of Article 15 of this Decree.

1. To be entitled to wages and other benefits as prescribed by law.

2. To be provided with Young Volunteer uniforms every two years by the State.

3. To be facilitated by the State in education to improve academic and vocational qualifications, cultural, artistic activities, entertainment, sports, physical exercise, and health protection as prescribed by law.

4. To be eligible for preferential loans to develop production as stipulated in point c, Clause 1, Article 15 of this Decree.

5. Young Volunteer members who display courageous actions in protecting national security, State property, and people's lives during their duties shall, if injured, enjoy policies similar to those for war invalids; if martyred, be recognized as revolutionary martyrs according to the provisions of law.

6. To be exempted from conscription during peacetime while working in difficult areas.

7. Young Volunteer members who have continuously worked for five years in the Young Volunteer organization shall be considered for the awarding of the Young Volunteer Commemorative Medal.

8. Upon completion of their tasks, Young Volunteer members shall be issued a Certificate of Completion of Young Volunteer Tasks as prescribed in Clause 2, Article 8 of this Decree.

In addition to enjoying the policies stipulated in Article 16 of this Decree, Young Volunteer members performing duties in difficult areas shall also enjoy the following policies:

1. To be entitled to subsistence allowance for six months from the date of joining the Young Volunteer program. The monthly subsistence allowance shall be equal to the minimum wage as prescribed by law.

2. To be exempted from military service obligations during peacetime during their participation in the Young Volunteer program.

3. Upon completion of their duties, if Young Volunteer members wish to reside permanently at the duty location, they shall be granted land use rights by the competent authority; they shall enjoy preferential policies of the State for economic and social development in difficult areas and resettlement policies as prescribed by law.

If returning to their home province, they shall be provided with travel expenses; they shall receive a one-time allowance equivalent to one month's salary or wage for each year of work in the Young Volunteer unit; they shall be exempted from conscription during peacetime, and shall be given priority in recruitment, training, and job placement as if they had completed their military service obligations.

1. Cadres engaged in Young Volunteer management work shall enjoy the benefits and policies applicable to civil servants and public officials, and concurrently enjoy other policies as stipulated for Young Volunteer members in Clause 2, Clause 3, Clause 4, Clause 5, and Clause 7, Article 16, and Clause 1 and Clause 3, Article 17 of this Decree.

2. Civil servants and public officials assigned by competent authorities to engage in Young Volunteer management work shall implement the policies and benefits prescribed in Clause 1 of this Article and shall be guaranteed the rights of cadres and civil servants as stipulated in Articles 11, 12, 13, and 14 of the Civil Servants Law.

3. Young Volunteer management cadres who have worked in difficult areas for five years (sixty months) or more and have completed their tasks shall be subject to cadre transfer and rotation policies as prescribed in Article 26 of the Civil Servants Law.

Article 19. Funding for implementation of policies towards voluntary youth

1. The State ensures the regular operation of the Command Board of voluntary youth forces, uniforms, and forms of recognition for voluntary youth as stipulated in Article 8 of this Decree.

2. The State supports funding for activities of the General Teams of voluntary youth, Centers, and Social Labor Education Schools of voluntary youth according to current regulations applicable to public service units.

Chapter IV

RESPONSIBILITIES OF STATE AGENCIES TOWARDS VOLUNTARY YOUTH

VOLUNTARY YOUTH

Article 20. Responsibilities of the Ministry of Home Affairs

1. Drafting and submitting to competent authorities for issuance or issuing within their authority legal normative documents on organization, operation, and policies towards voluntary youth.

2. Urging the implementation of legal provisions regarding organization and operation towards voluntary youth.

3. Inspecting, auditing, and resolving complaints and denunciations related to organization, operation, and implementation of policies towards voluntary youth.

4. Reporting to the Prime Minister on the situation of organization, operation, and implementation of policies towards voluntary youth.

Article 21. Responsibilities of Ministries and Sectors

1. The Ministry of Finance shall take the lead and coordinate with the Ministry of Home Affairs to guide the allocation, management, and utilization of funds as prescribed in Article 19 of this Decree.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Home Affairs to guide the integration of mechanisms and policies to enable voluntary youth to fulfill assigned tasks.

3. Relevant ministries and sectors shall integrate mechanisms and policies to enable voluntary youth to perform assigned tasks in accordance with their functions and responsibilities.

Article 22. Responsibilities of the People's Committee at the provincial level

1. Implement state management functions over voluntary youth on the local territory according to the delegation of the Government as follows:

a) Issuing and guiding the implementation of regulations on organization, operation, and policies towards voluntary youth in accordance with the law, suitable to the socio-economic development conditions of the locality;

b) Assigning tasks and creating favorable conditions for voluntary youth organizations to complete assigned tasks;

c) Inspecting, auditing, resolving complaints and denunciations, and handling violations of this Decree;

d) Summarizing and reporting to the Prime Minister on the organization, operation, and implementation of policies towards voluntary youth.

2. Creating favorable conditions for central and provincial voluntary youth organizations to implement programs and projects in the locality.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Decree takes effect from March 26, 2011.

2. Abolish Decision No. 770/TTg dated December 20, 1994 of the Government Chairman on the organization and policies towards voluntary youth.

Article 24. Responsibility for Implementation

1. The Ministry of Home Affairs shall be responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Director of the National Committee on Youth of Vietnam, Chairpersons of provincial and centrally-run city People's Committees shall be responsible for implementing this Decree./.