Decree No. 120/2007/ND-CP guiding the implementation of certain provisions of the Youth Law

DECREE

Guidelines for Implementing Certain Provisions of the Youth Law

THE GOVERNMENT

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

Pursuant to the Youth Law dated November 29, 2005;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These Decrees provide guidelines for implementing certain provisions of the Youth Law concerning policies and the responsibilities of the State in ensuring the implementation of the rights and obligations of youth; the responsibilities of Ministries, ministerial-level agencies, Government agencies, People's Councils, and People's Committees at all levels regarding youth work.

Article 2. Applicability

These Decrees apply to state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, economic organizations, public service units, people's armed forces units, and Vietnamese citizens (hereinafter referred to collectively as agencies, organizations, and individuals); foreign agencies, organizations, and foreign individuals, and Vietnamese citizens residing abroad who operate within the territory of Vietnam related to Vietnamese youth.

Article 3. Ensuring the Implementation of Rights and Obligations of Youth

1. Youth have the responsibility to be vanguards in fulfilling their civic duties as prescribed by law and the obligations of youth as stipulated by the Youth Law.

2. Ministries, ministerial-level agencies, Government agencies, People's Councils, and People's Committees at all levels, based on their functions, tasks, and authorities, shall have the responsibility to create conditions for youth to fully exercise their rights and fulfill their obligations as prescribed by law, and cooperate with the Ho Chi Minh Communist Youth Union to mobilize youth to participate voluntarily and proactively in building and defending the country.

Article 4. Definitions

In this Decree, the following terms are understood as follows:

1. "Vanguard" means being willing and volunteering to take the lead in fulfilling the obligations of youth, being ready to accept assignments in areas with difficult economic and social conditions, extremely difficult economic and social conditions, and being ready to undertake difficult, arduous, urgent, and dangerous tasks to contribute the strength, intelligence, enthusiasm, and creativity of youth to the cause of building and defending the country.

2. "Youth work" refers to activities of the Party, State, and society aimed at educating, nurturing, and creating favorable conditions for youth to strive and mature, while also promoting the role of vanguards, creativity, and the great potential of youth in the cause of building and defending the country.

3. "Youth from poor households" refers to youth from households with average per capita income equal to or below the poverty standard as defined by the Government.

4. "Youth after drug rehabilitation" refers to youth who have completed drug rehabilitation at home, in the community, or at drug rehabilitation facilities recognized by competent authorities and issued a certificate of drug rehabilitation completion.

5. "Youth after reform" refers to youth who have been issued a certificate of completion of imprisonment, suspended sentence, and compulsory educational measures by competent authorities and have completed their sentences at educational institutions, treatment centers, and juvenile correctional schools.

Chapter II

ENSURING RIGHTS AND OBLIGATIONS OF YOUTH

Article 5. In education and scientific and technological activities

1. Creating conditions for youth to complete universal education programs:

a) Youth in areas with extremely difficult economic and social conditions and youth from poor households shall be provided with textbooks and exempted from tuition fees to complete universal education programs. In cases where youth from poor households in areas with extremely difficult economic and social conditions are supported with scholarships equivalent to 50% of the training costs for boarding students from ethnic minorities to complete universal education programs according to each level of study;

b) Organizations and individuals organizing universal education classes for youth in areas with extremely difficult economic and social conditions shall be supported by the State with initial investment in infrastructure and necessary equipment to ensure the conditions for class organization;

c) Individuals who are not teachers but regularly directly teach universal education programs to youth in areas with difficult economic and social conditions, extremely difficult economic and social conditions, remote areas, border regions, and islands shall enjoy preferential allowances similar to those for teachers teaching in public schools as prescribed by law;

d) The funds for implementing the policies specified in points a, b, and c of Clause 1 of this Article shall be allocated from local budgets as prescribed by law.

2. Creating conditions for youth studying and working in public universities, colleges, vocational high schools, and vocational training institutions:

a) Poor youth with particularly difficult circumstances and those who overcome difficulties to study shall be prioritized for educational loans; exempted or reduced tuition fees, and supported with learning materials;

b) Schools shall create necessary conditions and support funding for youth to participate in research and implement scientific projects.

3. In scientific and technological activities, applying technological progress to production and daily life:

a) Youth leading scientific and technological projects not included in the national science and technology plan but recognized by competent state management agencies as having theoretical and practical value shall be provided with conditions and financial support by those agencies and units to implement the projects;

b) Youth implementing scientific and technological projects in priority and key areas of the State shall be eligible for low-interest loans from the National Science and Technology Development Fund and the Science and Technology Development Funds of ministries, sectors, and localities.

4. Agencies and organizations shall create conditions for youth to join volunteer teams to participate in universal education programs, computer dissemination, and other educational development programs; disseminate, transfer, and apply technological progress to production and daily life.

Article 6. In labor and employment

1. Organizations and individuals with programs and projects to develop production, business, traditional trades, economic restructuring, and job creation for rural, mountainous, border, and island youth shall be provided with conditions to borrow from the National Employment Solving Fund.

2. Young people from poor households shall be entitled to a minimum reduction of at least 20% on vocational training fees and priority in counseling and job placement at public institutions; they may borrow funds from the National Employment Fund, Poverty Eradication Fund, preferential credit for production and business development, and self-employment to establish themselves and build their careers.

3. Rural young people and voluntary young people who have completed tasks under economic and social development programs shall be entitled to a minimum reduction of at least 20% on vocational training fees and priority in counseling and job placement at public institutions.

4. Young people who have fulfilled their military service obligations shall enjoy preferential policies regarding vocational training and employment resolution as stipulated in Clause 2 of this Article and the laws on benefits and policies for young people who have fulfilled their military service obligations.

5. University graduates, college graduates, and highly skilled young volunteers working in communes located in areas with difficult socio-economic conditions, extremely difficult socio-economic conditions, for a period of two years or more, shall benefit from specific policies according to each program and project.

6. Organizations and individuals organizing vocational training and developing various forms of vocational training linked to employment for young people shall be prioritized in land use in accordance with the law.

7. Organizations and individuals with projects to build rental housing or sell housing to young people through installment payments with reasonable terms and prices in areas concentrated with young workers shall be facilitated in investment procedures, construction, land clearance compensation, land use fee discounts, land lease fee discounts, and taxes according to the law.

8. Agencies, organizations, and individuals shall create favorable conditions for young people to join volunteer youth forces, youth shock teams, and voluntary youth teams participating in economic and social development programs in areas with difficult socio-economic conditions, extremely difficult socio-economic conditions, so that young people can contribute, train, and establish themselves and build their careers.

Article 7. In national defense

Agencies, organizations, and individuals shall create favorable conditions for young people to join youth shock teams and voluntary youth teams established by youth organizations to maintain national security, public order, and safety, and to carry out urgent tasks. Youth shock teams and voluntary youth teams participating in maintaining national security and public order and safety shall be supported financially and provided with necessary conditions for operation by agencies and People's Committees at all levels.

Article 8. In cultural, artistic, recreational, and entertainment activities

1. When young people participate in cultural and artistic activities organized by youth organizations aimed at educating revolutionary traditions and national traditions, they shall be entitled to reduced fees for museum visits, historical, cultural, and revolutionary sites, movie viewing, and artistic performances according to the law.

2. Young people with recognized creative proposals on culture and art shall be supported financially to conduct research and creation according to the law.

3. Young people with valuable works and projects in culture and art, and outstanding achievements in cultural and artistic activities shall be honored and rewarded according to the law.

4. Organizations and individuals investing in and building cultural and artistic activity, recreational, and entertainment facilities in areas with difficult socio-economic conditions, extremely difficult socio-economic conditions, to meet the spiritual cultural needs of young people shall be prioritized in land use, preferential leasing of local facilities, and tax exemptions and reductions according to the law.

Article 9. In health protection and physical education and sports activities

1. Organizations and individuals providing services for nutritional advice, mental health care, reproductive health, HIV/AIDS prevention, sexually transmitted disease prevention, and other social diseases, drug prevention, and counseling on love, marriage, family, and family planning for young people shall be encouraged and supported with materials, information provision, and vocational training.

2. Health facilities invested in and built by organizations and individuals that organize activities supporting mental health care, reproductive health, family planning, and prevention of sexually transmitted diseases and HIV/AIDS for young people shall be encouraged and prioritized in land use and preferential access to preferential credit according to the law.

3. Organizations and individuals investing in and building physical education and sports facilities for young people shall enjoy encouragement policies on infrastructure, land, taxes, and credit as stipulated in Decree No. 53/2006/NĐ-CP dated May 25, 2006 of the Government on encouraging the development of non-public service supply facilities.

Article 10. For ethnic minority young people

1. Ethnic minority young people selected to study vocational courses in residential training for three months or longer at public vocational training institutions shall be entitled to social allowances and other policies similar to those for students in residential secondary schools for ethnic minorities.

2. Poor household ethnic minority young people not covered by Clause 1 of this Article studying at public vocational training institutions shall be subsidized 70% of tuition fees and up to five months per person per course.

3. The funding for implementing the policies stipulated in Clauses 1 and 2 of this Article shall be allocated from the annual regular budget for education, training, and vocational training expenses. The central government budget will supplement provinces unable to balance their budgets and having a large number of ethnic minority young people under the target program from the project "Strengthening Training Capacity" under the National Education and Training Program.

4. Poor ethnic minority young people living in areas with difficult socio-economic conditions, extremely difficult socio-economic conditions, studying master's and doctoral programs shall be exempted from tuition fees, granted scholarships, textbooks, and prioritized accommodation in dormitories.

5. Ethnic minority youth who have achievements in study, economic activities, social activities, national defense, and security shall be prioritized for planning, training, and development to become leaders and managers.

6. Organizations and individuals with projects to develop cultural, artistic, physical education, and sports activities to help ethnic minority youth preserve and promote their ethnic cultural identity, build civilized lifestyles, and combat outdated customs and practices shall be encouraged and given tax and land incentives as prescribed.

Article 11. Regarding talented youth

1. Youth with talents in all fields shall be prioritized for selection and training at specialized schools and vocational schools both domestically and abroad; they shall be granted scholarships and supported with learning conditions and means as prescribed to develop into talented individuals.

2. Youth with outstanding achievements in study, scientific and technological activities, labor, production, business management, national defense, security, culture, art, physical education, and sports shall be prioritized for advanced training and recruitment into state research institutions and teaching positions; they shall also be prioritized for planning, training, and development to become scientific cadres, leaders, and managers.

3. Youth with talents in various fields shall be provided by the State with favorable working environments and conditions to fully utilize their talents and enthusiasm for contributing to the country; they shall be rewarded commensurate with their contributions and honored and awarded according to regulations.

Article 12. Regarding disabled youth

1. Disabled youth shall enjoy preferential policies on medical examination and treatment as prescribed by law.

2. Disabled youth whose ability to function has been reduced, causing significant difficulties in daily life and study, shall be exempted or granted reductions in vocational training fees as prescribed in Decree No. 81/CP dated November 23, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code concerning disabled workers and Decree No. 116/2004/NĐ-CP dated April 23, 2004 of the Government amending and supplementing certain provisions of Decree No. 81/CP dated November 23, 1995.

3. Local budgets shall ensure funding for implementing support policies as stipulated in Clause 1 and Clause 2 of this Article.

Article 13. Regarding HIV/AIDS-infected youth

1. HIV/AIDS-infected youth studying at vocational training centers shall be supported with tuition fees as prescribed in Clause 2, Article 6 of this Decree.

2. Organizations and individuals organizing vocational training and developing vocational training forms linked to job placement for HIV/AIDS-infected youth shall be prioritized for land use, tax exemptions, and credit loans as prescribed by law.

Article 14. Youth after drug rehabilitation or correctional reform

1. Youth after drug rehabilitation or correctional reform shall be received and counseled by local authorities, families, and organizations regarding professions and employment; they shall be provided with opportunities for vocational training, job search, production and business credit loans; and they shall be facilitated to participate in social activities to integrate into the community.

2. Poor households or those with difficult economic conditions that include youth after drug rehabilitation or correctional reform, when recognized by local authorities, shall be eligible for vocational training fee reductions as prescribed in Clause 2, Article 12 of this Decree.

Chapter III

RESPONSIBILITIES OF THE STATE TOWARDS

YOUTH AGED FROM 16 TO UNDER 18 YEARS OLD

Article 15. In compulsory secondary education

1. Youth aged from 16 to under 18 years old from poor households shall be exempted from school fees and provided with textbooks to complete the compulsory secondary education program.

2. Youth aged from 16 to under 18 years old who have not completed the compulsory secondary education program and are studying at regular education centers or community education centers shall be granted a minimum reduction of 50% in tuition fees and provided with textbooks to complete the compulsory education program.

Article 16. In vocational training

Youth aged from 16 to under 18 years old who have completed junior high school but did not continue to senior high school shall be prioritized for career counseling and job placement; they shall be granted a minimum reduction of 25% in vocational training fees at public vocational training centers; in cases of poor households, a minimum reduction of 50% in vocational training fees shall apply.

Article 17. In traditional education activities

Youth aged from 16 to under 18 years old participating in traditional education activities organized by youth organizations or schools shall be exempted or granted reductions in fees for using public services related to transportation, entertainment, museum tours, revolutionary historical sites, cultural works, as prescribed by law.

Article 18. In reproductive health care and protection against sexual abuse and overwork

1. Youth aged from 16 to under 18 years old shall be provided with information and guidance on gender, reproductive health by schools, youth organizations, and social organizations; they shall receive free counseling on gender, mental health, reproductive health, HIV/AIDS prevention, drug abuse prevention, and sexually transmitted disease prevention; knowledge and skills to protect themselves and report acts of personal and health violations.

2. Youth aged from 16 to under 18 years old who have been sexually abused shall be assisted by families, schools, youth organizations, healthcare organizations, and other relevant agencies to recover physically and mentally, while keeping their privacy confidential to ensure normal living, studying, and working.

3. Agencies, organizations, individuals, and families shall be responsible for organizing and implementing measures to prevent, detect, and stop acts of abuse and exploitation of youth aged from 16 to under 18 years old.

4. Organizations and individuals with authority shall be responsible for applying all necessary measures to promptly and strictly handle acts of abuse and exploitation of youth aged from 16 to under 18 years old.

Article 19. Policies towards youth aged from 16 to under 18 years old who violate the law

1. Organizations and individuals with authority shall apply educational measures, preventive measures, and create conditions for young people aged from 16 to under 18 years old who violate the law to be educated at home and in the community; in cases of serious violations, compulsory educational measures shall be applied at detention centers, educational facilities, and medical facilities in accordance with the provisions of the law.

2. Young people aged from 16 to under 18 years old who have completed their mandatory education period at detention centers or educational facilities without a place to rely on shall be provided opportunities by local authorities to study culture and vocational training to find employment.

Chapter IV

RESPONSIBILITIES OF MINISTRIES AND GOVERNMENT AGENCIES AT THE LEVEL OF MINISTRY

AND PEOPLE'S ASSEMBLIES AND PEOPLE'S COMMITTEES AT ALL LEVELS

Article 20. Responsibilities of Ministries and Government Agencies at the Level of Ministry

1. The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to guide the recruitment, utilization, planning, training, and capacity building, and implement preferential policies for talented young people in state agencies.

2. The Ministry of Education and Training shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to implement the following contents:

a) Building and submitting to the Government for approval a project on completing the universal education program for young people in line with the national universal education program;

b) Building policies to create conditions for ethnic minority young people in areas with extremely difficult socio-economic conditions to have opportunities to study and access information; policies ensuring that young people aged from 16 to under 18 years old complete the universal education program; policies creating conditions for disabled, impaired, and HIV-infected young people to study culture;

c) Developing a system of career counseling, psychological counseling, and social issues, and healthy life skills education for young people in schools.

3. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Planning and Investment, relevant ministries and agencies, and the Central Committee of the Ho Chi Minh Communist Youth Union to develop plans for the development of vocational training facilities, labor consulting services to help young people orient towards careers, improve skills, access the labor market, and find suitable jobs; developing and promulgating preferential policies for vocational training and job placement for rural young people, young people who have completed military service obligations, voluntary young people who have completed tasks under economic and social development programs, ethnic minority young people, disabled and impaired young people, HIV/AIDS-infected young people, young people after drug rehabilitation, and young people after correctional education.

4. The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to guide the implementation of financial policies stipulated in Chapters II and III of this Decree; building and submitting to competent authorities for approval tax and credit policies to support the development of vocational education and job placement, health facilities, cultural, artistic, entertainment, and sports activities for young people; preferential credit policies for young people to study, research science, and self-create jobs.

5. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to build mechanisms and policies to encourage and create conditions for young people to participate in scientific and technological research, applying scientific and technological progress to production and daily life; building mechanisms to mobilize social resources to support the development and implementation of creative projects in science and technology for young people.

6. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and relevant ministries and agencies to build and submit to competent authorities for approval preferential policies on land use for vocational training facilities, the development of vocational education, housing construction for young workers in industrial zones, health facilities, cultural, artistic, entertainment, and sports activities for young people.

7. The Ministry of Planning and Investment shall coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to build plans for the development of health facilities, health counseling services, cultural, artistic, entertainment, and sports facilities for young people; building mechanisms to encourage agencies, organizations, and individuals to invest in and construct health facilities, health counseling services, cultural, artistic, entertainment, and sports facilities for young people.

8. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to build mechanisms and policies to encourage and support young people's participation in preserving and promoting national cultural identity, building civilized lifestyles, and combating outdated customs, unhealthy living habits.

9. The Ministry of Health shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to build policies to encourage the development of mental health counseling centers, reproductive health, HIV/AIDS prevention, prevention of sexually transmitted diseases and other social diseases, and drug prevention for young people.

10. The Ministry of National Defense:

a) Shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to build policies to support vocational training and job placement for young people who have completed military service obligations and voluntary young people who have completed tasks under economic and social development programs in defense economic zones;

b) Shall take the lead and coordinate with the Ministry of Public Security to build a program to educate and train young people in national defense knowledge and security protection.

11. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and agencies and the Central Committee of the Ho Chi Minh Communist Youth Union to build mechanisms to encourage and support young people's participation in preventing and combating social evils, maintaining public security and social order.

12. The Ministry of Justice shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism, the Ministry of Education and Training, relevant ministries and sectors, and the Central Committee of the Ho Chi Minh Communist Youth Union to organize propaganda, dissemination, and legal education for young people.

13. The Sports Steering Committee shall take the lead and coordinate with relevant ministries and sectors, and the Central Committee of the Ho Chi Minh Communist Youth Union to develop plans for the development of sports facilities for young people; establish mechanisms and policies to encourage young people to exercise and develop their physical health, participate in mass sports activities, and engage in domestic and international sports competitions.

14. The Population, Family and Children Committee shall take the lead and coordinate with relevant ministries and sectors, and the Central Committee of the Ho Chi Minh Communist Youth Union to develop policies to encourage agencies, organizations, and individuals to develop counseling activities on love, marriage, and family, and implement family planning programs for young people; develop policies to protect and nurture young people aged 16 to under 18 years old as stipulated in Chapter III of this Decree.

15. Based on their functions, tasks, and state management authority within their respective fields, ministries and ministerial-level agencies shall be responsible for integrating youth development targets and indicators into the formulation and implementation of strategies and programs for economic and social development under their management; coordinate and create conditions for the Ho Chi Minh Communist Youth Union and other youth organizations to mobilize young people to actively participate in economic and social development.

Article 21. Responsibilities of People's Councils and People's Committees at all levels

1. Provincial People's Councils and People's Committees:

a) The provincial People's Committee shall be responsible for developing mechanisms and policies to attract young people to actively participate in economic and social development programs and projects in areas with difficult socio-economic conditions and extremely difficult socio-economic conditions, to submit to the same-level People's Council for approval and assign local youth organizations to implement. They shall inspect and supervise economic and social development programs and projects undertaken by youth organizations.

b) The provincial People's Committee shall be responsible for developing plans for investment and development of educational, healthcare, health counseling, cultural, artistic, recreational, sports facilities suitable for young people and teenagers according to the socio-economic conditions of the locality, to submit to the same-level People's Council for approval and organization of implementation.

c) Inspect the People's Committees at the district and commune levels in ensuring the implementation of the rights and obligations of young people as prescribed in this Decree, and report the results to the provincial People's Council and the Prime Minister on January 15 of the following year.

d) Establish a Youth Work Advisory Board to assist the Chairman of the provincial People's Committee in youth work. The establishment and operation of the Youth Work Advisory Board shall be decided by the Chairman of the provincial People's Committee after reaching consensus with the National Committee for Youth Affairs.

2. District People's Committees and Commune People's Committees shall be responsible for implementing the provisions of Clause 1 of this Article according to the delegation of the provincial People's Committee.

Article 22. Responsibilities of the National Committee for Youth Affairs

1. Take the lead and coordinate with relevant ministries and sectors, and the Central Committee of the Ho Chi Minh Communist Youth Union to develop regulations for state management of youth work nationwide.

2. Take the lead and coordinate with ministries, ministerial-level agencies, provincial and municipal People's Committees directly under the central government, and the Central Committee of the Ho Chi Minh Communist Youth Union to guide and inspect the implementation of the Youth Law and the provisions of this Decree.

3. Take the lead and coordinate with relevant ministries and sectors to statistically compile and regularly report annually to the Prime Minister on the implementation of policies and laws concerning young people and youth work nationwide.

Chapter V

IMPLEMENTING PROVISIONS

Article 23. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 24. Responsibilities for guiding implementation

The National Committee for Youth Affairs shall be responsible for coordinating with the Ministries of Home Affairs, Education and Training, Labor, Invalids and Social Affairs, Finance, Science and Technology, Natural Resources and Environment, Planning and Investment, Culture, Sports and Tourism, Health, Defense, Public Security, Justice, the Sports Steering Committee, the Population, Family and Children Committee, and the Central Committee of the Ho Chi Minh Communist Youth Union to guide the implementation of this Decree.

Article 25. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of provincial and municipal People's Committees directly under the central government shall be responsible for coordinating with the Central Committee of the Ho Chi Minh Communist Youth Union to implement this Decree./.