Ordinance No. 15/1999/PL-UBTVQH10 on Compulsory Public Labor Service

ORDINANCE

On Civic Labour Obligations

To mobilize a portion of citizens' labour to participate in constructing and repairing public works for the common benefit of the community; to promptly prevent, combat, and mitigate the consequences of natural disasters, fires, and epidemics;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the National Assembly, tenth session, fourth meeting, regarding the legislative program for the tenth National Assembly term and the legislative program for 1999;

This Ordinance stipulates the civic labour obligations of citizens.

PART I

GENERAL PROVISIONS

Article 1

Civic labour obligation is the duty of citizens to contribute a certain number of working days to perform tasks for the common benefit of the community.

Article 2

The civic labour obligations prescribed in this Ordinance include annual civic labour obligations and urgent civic labour obligations when natural disasters, fires, or epidemics occur.

Article 3

Mobilizing citizens to fulfill civic labour obligations shall be decided by competent state agencies according to plans, with clear objectives, ensuring fairness, economy, and practical effectiveness.

Article 4

Competent state agencies issue decisions in writing to mobilize citizens to fulfill civic labour obligations. In urgent cases during natural disasters, fires, or epidemics, authorized persons may mobilize directly through verbal instructions, but must issue a written decision within twenty-four hours from the time of mobilization.

Article 5

The State encourages and creates favorable conditions for citizens to participate in civic labor.

Article 6

It is strictly prohibited to mobilize and utilize civic labor obligations contrary to the provisions of this Ordinance.

Chapter II

ANNUAL CIVIC LABOUR OBLIGATIONS

, Clause 1, Clause 2 Article 7a of this Regulation.

Vietnamese citizens, males aged eighteen to forty-five years old, and females aged eighteen to thirty-five years old, have the responsibility to fulfill annual civic labour obligations.

Article 8

The number of working days for annual civic labour obligations for each citizen is ten days.

Article 9

Annual civic labor is used to contribute to the following local tasks:

1- Constructing and repairing roads;

2- Constructing and repairing water conservancy projects; for dike and embankment construction and repair, it shall be carried out in accordance with laws on flood and storm prevention;

3- Constructing and repairing health stations, kindergartens, primary schools, and non-commercial recreational facilities;

4- Constructing and repairing martyrs' cemeteries, memorials to martyrs, and monuments inscribed with the names of martyrs;

5- Constructing and repairing other social public works.

Article 10

The following individuals are exempted from fulfilling annual civic labour obligations:

1- Officers and soldiers belonging to the People's Army and the People's Public Security Forces;

2- Workers and civil servants in national defense and public security working in mountainous areas, highlands, remote areas, border regions, islands; workers and civil servants in mobile repair teams specializing in national defense;

3- Veterans registered in the first reserve category;

4- War invalids, disabled veterans, and those receiving benefits equivalent to war invalids;

5- Parents, spouses, or children of martyrs, or those who raised martyrs;

6- Professional religious clergy;

7- Individuals suffering from mental illness, epilepsy, or physical disabilities that render them incapable of work;

8- Individuals whose ability to work has been reduced by twenty-one percent or more.

Article 11

Individuals subject to annual civic labour obligations but who fall under any of the following circumstances at the time of mobilization are temporarily exempted from fulfilling such obligations:

1- Individuals undergoing treatment or convalescence; the sole family member directly caring for a seriously ill relative;

2- Parents, spouses, or children of active-duty military personnel with genuinely difficult family circumstances certified by the People's Committee of communes, wards, towns (hereinafter referred to collectively as the People's Committee of communes);

3- Pregnant women or those nursing infants under thirty-six months old;

4- Men whose wives have died or divorced and are directly raising infants under thirty-six months old;

5- Individuals directly caring for severely disabled veterans or severely disabled veterans, or individuals with a reduced ability to work of eighty-one percent or more;

6- Members of the core force of self-defense militia;

7- State officials dispatched to work in mountainous areas, highlands, remote areas, border regions, or islands for a limited period;

8- Volunteers and voluntary youth currently performing duties assigned by competent state agencies;

9- The only worker in the family directly supporting someone who is unable to work or has not yet reached the age of work;

10- Households recognized by the People's Committee of communes as destitute households according to standards set by the Government;

11- Chiefs and deputies of village police, village guards; chiefs of villages, hamlets, or equivalents;

12- Postgraduate students, graduate students, interns, university students, secondary vocational school students, and students studying full-time at universities, academies, colleges, specialized secondary schools, and vocational training institutions of the national education system, religious training institutions; high school students; individuals teaching or learning to eliminate illiteracy;

13- Individuals working, studying, or laboring abroad.

Article 12

The time spent by second-tier reservists and broad-based self-defense militia members participating in concentrated training, competitions, exercises, readiness checks, and combat support services shall be deducted from their annual civic labour obligation fulfillment time.

Article 13

The People's Committee of communes shall establish registers to track the fulfillment of annual civic labour obligations by residents within their jurisdiction according to a unified model prescribed by the Ministry of Labor, Invalids, and Social Affairs, and report to the People's Committee of districts, urban districts, towns, and cities directly under provinces (hereinafter referred to collectively as the People's Committee of districts). The People's Committee of districts shall inspect, compile, and report to the People's Committee of provinces, centrally-administered municipalities (hereinafter referred to collectively as the People's Committee of provinces) for provincial-wide compilation, serving as a basis for guidance, inspection, and planning the use of civic labor day funds in the locality.

The reporting deadline shall be determined by the Chairman of the People's Committee of provinces, centrally-administered municipalities.

Article 14

Individuals directly performing annual civic labour obligations must complete the labor quota or workload assigned by the entity utilizing civic labor; if completed ahead of schedule, they are entitled to take leave before the stipulated time.

Article 15

The person mobilized to perform annual public labor service duties, if not directly participating in labor, must have someone substitute or pay money instead.

The substitute person must be at least 18 years old but not exceeding 60 years old for males, and at least 18 years old but not exceeding 55 years old for females, and must be healthy enough to complete the assigned workload or work volume.

The amount of money paid instead of each day of labor shall be determined by the People's Council of the province or centrally governed city, in accordance with the actual conditions of each area within the locality, but the highest rate shall not exceed 120% of the daily minimum wage set by the State.

Article 16

If the person performing annual public labor service duties does not participate in labor directly and pays money instead, they must submit the payment to the People's Committee of the commune where they reside. Upon receiving the payment, the People's Committee of the commune must issue a receipt to the payer.

Article 17

Resources from annual public labor service duties are allocated to the provincial level up to a maximum of 10%, to the district level up to a maximum of 20%, and the remainder is reserved for the commune level.

Article 18

1- People's Committees at all levels may establish a fund for public labor service days from the resources of annual public labor service duties.

2- The entire fund for public labor service days must be reflected in the local budget at all levels.

The funds collected from the performance of annual public labor service duties through payment form at any level must be deposited into a separate account opened at the State Treasury.

3- The management and use of the fund for public labor service days must ensure the intended purpose, democracy, and transparency.

The Government shall specify the detailed regulations on the management and use of the fund for public labor service days.

Article 19

Resources from annual public labor service duties at the commune level are used to carry out public works for the commune, ward, or town.

Resources from annual public labor service duties at the provincial and district levels are used to support public works managed by lower levels or used for public works managed by their own level.

Article 20

The Chairman of the People's Committee of the commune, ward, or town (hereinafter referred to collectively as the Chairman of the People's Committee of the commune) shall base their mobilization decision on the annual public labor service usage plan approved by the same-level People's Council or based on the requirements of the higher-level People's Committee for citizens residing in the administrative area.

The mobilization decision of the Chairman of the People's Committee of the commune must be notified to the person being mobilized or their family at least seven days before the date of performing the public labor service duty.

Article 21

The mobilization of annual public labor service duties must be based on clearly defined work volumes, labor needs, construction progress, and related factors, while minimizing the impact of such mobilization on production, work, and study of agencies, organizations, units, and citizens.

Article 22

The expenses for organizing mobilization and managing the annual public labor service day fund are provided by the local budget according to the provisions of the law.

Chapter III

PUBLIC LABOR SERVICE DUTIES IN CASES OF EMERGENCY WHEN NATURAL DISASTERS, FIRES, OR EPIDEMICS OCCUR

Article 23

In cases of emergency when natural disasters, fires, or epidemics occur (hereinafter referred to as emergency cases), every citizen with working capacity has the obligation to participate in labor to promptly prevent, combat, or mitigate consequences in order to minimize potential damage.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The authority to decide on mobilizing public labor service duties in emergency cases is stipulated as follows:

1- The Prime Minister decides on mobilization when particularly serious emergency cases occur, affecting the economy and society or posing dangerous impacts on the ecological environment across multiple provinces or centrally governed cities, or within a single province or centrally governed city, but beyond the capacity of the provincial level to resolve;

2- The Chairman of the People's Committee of the province decides on mobilization when emergency cases occur within multiple districts, towns, or centrally governed cities within a province, or within a single district, town, or centrally governed city within a province, but beyond the capacity of the district level to resolve;

3- The Chairman of the People's Committee of the district decides on mobilization when emergency cases occur within multiple communes, wards, or towns, or within a single commune, ward, or town, but beyond the capacity of the commune level to resolve;

4- The Chairman of the People's Committee of the commune decides on mobilization when emergency cases occur within the commune, ward, or town.

In cases where self-resolution is not possible, the Chairman of the People's Committee must immediately report to the direct superior for resolution.

Article 25

The duration of mobilizing public labor service in emergency cases per round shall not exceed five working days, including travel time.

Chapter IV

REGULATIONS FOR PERSONS DIRECTLY PERFORMING PUBLIC LABOR SERVICE DUTIES

Article 26

Persons directly performing public labor service duties far from their place of residence, who cannot return home daily, shall have their accommodation arranged, transportation assistance provided, or travel expenses reimbursed once by the employing unit (for annual public labor service) or the mobilization decision-making agency (in emergency cases).

Article 27

1- Persons performing public labor service duties in emergency cases shall be compensated. The compensation for one day of work equals the daily minimum wage. For night work (from 10 PM to 6 AM), double compensation is provided. If working in hazardous environments, protective equipment shall be provided, and compensation shall be equivalent to that of workers in similar production or business environments.

2- The compensation regulations stipulated in Clause 1 of this Article shall be calculated based on the actual hours worked daily. Working between two to four hours is counted as half a day, working more than four to eight hours is counted as a full day; additional hours worked are counted double.

3- In addition to the compensation stipulated in this Article, persons performing public labor service duties in emergency cases far from their place of residence, without the condition to return home daily, shall be supported with food expenses. The support amount is determined by the People's Committee of the province where the emergency situation occurs.

Article 28

A person directly performing public labor duty who suffers a work-related accident shall be reimbursed for medical expenses during emergency care and treatment until recovery. In cases where the accident results in a reduction in working capacity, compensation will be considered based on the degree of reduced working capacity. If the person dies due to the accident, including during initial treatment, the person responsible for funeral arrangements shall receive funeral expenses; the family or close relatives of the deceased shall receive a one-time allowance.

The Government shall specify in detail the medical costs, funeral expenses, and various types of allowances.

Article 29

A person who falls ill while directly performing public labor duty, if they have a health insurance card, shall have their examination and treatment costs covered by the health insurance agency according to the Health Insurance Regulations; a person not participating in health insurance shall enjoy benefits similar to those with health insurance, except when falling ill while annually performing public labor duty at village, ward, or town projects.

Article 30.

The funding for the provisions and examination and treatment costs for persons not participating in health insurance as stipulated in Articles 26, 27, 28, and 29 of this Ordinance shall be regulated as follows:

1- Expenses related to annual public labor duty obligations shall be extracted from the annual public labor fund managed by the project management level, and if this source is insufficient, it shall be supplemented from the local budget at the same level;

2- Expenses related to public labor duty obligations in urgent situations shall be extracted from the budget of the level issuing the mobilization decision, and in cases of urgent situations due to typhoons or floods, the typhoon and flood prevention fund shall be used.

Article 31

A person who bravely saves others, state property, or engages in anti-criminal activities while performing public labor duty, if injured resulting in a reduction in working capacity of 21% or more, shall be eligible for policies similar to those for war invalids; if they sacrifice their life, they shall be recognized as martyrs.

Article 32

A person who works in place of someone with annual public labor duty obligations as stipulated in Article 15 of this Ordinance shall bear responsibilities and enjoy rights similar to those of a person directly performing public labor duty.

Chapter V

RESPONSIBILITIES OF STATE ORGANIZATIONS,

MANAGEMENT AND USE OF PUBLIC LABOR DUTY OBLIGATIONS BY ORGANIZATIONS

USE OF PUBLIC INTEREST LABOR OBLIGATIONS

Article 33

1- The Government shall uniformly manage the State's affairs regarding public labor duty obligations throughout the country.

2- The Ministry of Labor, War Invalids and Social Affairs shall be responsible before the Government for managing the State's affairs regarding public labor duty obligations.

3- Ministries, agencies equivalent to ministries, and government agencies within their respective duties and authorities shall cooperate with the Ministry of Labor, War Invalids and Social Affairs to manage the State's affairs regarding public labor duty obligations.

4- People's Committees at all levels shall be responsible for managing the State's affairs regarding public labor duty obligations within their jurisdictions.

Article 34

State agencies, the Vietnam Fatherland Front and its member organizations, other social organizations, economic organizations, people's armed forces units, schools, and families, within their respective responsibilities, shall supervise, inspect, encourage, educate, and create conditions for individuals to fulfill public labor duty obligations.

Article 35

Annually, People's Councils at all levels shall decide on public utility projects and the annual day-labor fund for each project under their jurisdiction; determine support levels for projects managed by lower-level People's Committees in accordance with the specific circumstances of each locality.

Article 36

1- People's Committees at all levels shall prepare plans for using the annual day-labor fund for public labor duty, submit them to the same-level People's Council for decision; decide on mobilizing, managing, and using the day-labor fund; report the implementation results to the same-level People's Council and the higher-level People's Committee.

2- Chairpersons of People's Committees at all levels shall decide on mobilizing public labor duty in urgent situations according to the authority specified in Clauses 2, 3, and 4 of Article 24 of this Ordinance and report the results to the immediate superior after each mobilization.

3- Annually, Provincial People's Committees shall report to the Government on the implementation of public labor duty obligations in their localities.

Article 37

Organizations using public labor duty shall be responsible for preparing good conditions, means, and organizing and utilizing public labor duty effectively; taking preventive measures against accidents; accurately and promptly accepting, settling, and finalizing accounts; fully complying with regulations and policies for individuals performing public labor duty obligations.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 38

Individuals with achievements in fulfilling public labor duty obligations shall be rewarded according to State regulations.

Article 39

Those authorized to mobilize or responsible for managing and using public labor duty who violate the provisions of this Ordinance shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation.

Article 40

Any individual who resists, obstructs mobilization or avoids fulfilling public labor duty obligations; damages, wastes materials, equipment, or means serving public labor duty, or commits other violations of this Ordinance shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and must compensate for losses if caused, according to the law.

Article 41

Citizens have the right to lodge complaints or denunciations; organizations have the right to lodge complaints about violations of this Ordinance according to the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 42 |||

This Ordinance takes effect from January 1, 2000.

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

This Ordinance replaces the Public Labor Duty Obligation Ordinance dated November 10, 1988.

All previous regulations that conflict with this Ordinance are hereby abolished.

Article 44 |||

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.