Decree No. 17/2021/NĐ-CP on policies for voluntary youth and volunteer youth

                                             

Decree
(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. on policies for voluntary youth and volunteer youth
volunteer youth

Pursuant to the Government Organization Law dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to the Youth Law dated June 16, 2020;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree stipulating policies for voluntary youth and volunteer youth.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates policies for voluntary youth and volunteer youth and the responsibilities of agencies, organizations towards voluntary youth and volunteer youth as prescribed by the Youth Law.

Article 2. Applicability

This Decree applies to:

1. Individuals participating in voluntary youth organizations; volunteer youth.

2. Agencies, organizations, and individuals related to voluntary youth and volunteer youth.

Article 3. Tasks of voluntary youth and volunteer youth

1. Voluntary youth shall perform tasks as prescribed in Clause 2, Article 22 of the Youth Law.

2. Volunteer youth shall perform the following tasks:

a) Participating in economic and social development programs, projects, and initiatives approved by competent authorities, registered voluntarily with the agency in charge of implementation, and lasting for at least 24 months (hereinafter referred to as volunteer youth participating in programs, projects, and initiatives).

b) Engaging in volunteer activities for the benefit of the community and society, registered voluntarily with agencies, organizations, or units organizing such activities (hereinafter referred to as volunteer youth for the community and society).

Article 4. Principles for implementing policies for voluntary youth and volunteer youth

1. Ensuring transparency, timeliness, and compliance with legal provisions.

2. The Government and local authorities shall create favorable conditions for young people to join voluntary youth organizations and engage in volunteer activities in accordance with the law.

3. The Government, local authorities, the Communist Youth Union Ho Chi Minh, and other youth organizations established in accordance with the law shall honor, commend, recognize, or propose competent authorities to reward voluntary youth who have achieved results in performing their tasks; volunteer youth who have made significant contributions to volunteer activities.

4. Agencies, organizations, and individuals shall be held accountable under the law if they fail to fulfill or fulfill improperly their responsibilities as prescribed in this Decree.

Article 5. Funding for implementing policies for voluntary youth and volunteer youth

1. For voluntary youth

a) Funding for policies for voluntary youth shall be guaranteed from the state budget according to the current state budget decentralization regulations in the State Budget Law to implement assigned tasks by competent authorities;

b) The state shall ensure funding, material facilities, and necessary equipment for voluntary youth organizations when performing state-assigned tasks according to current state budget decentralization regulations.

2. For volunteer youth

a) Funding for policies for volunteer youth participating in programs, projects, and initiatives shall be guaranteed from the state budget within the approved programs, projects, and initiatives by competent authorities according to current state budget decentralization regulations in the State Budget Law;

b) Funding for policies for volunteer youth for the community and society shall be covered by the agencies, organizations, or units organizing such activities, or raised through legitimate donations, sponsorships, and contributions according to the law.

Chapter II

POLICIES FOR VOLUNTARY YOUTH

Article 6. Policy towards volunteers during the performance of their tasks

1. They shall enjoy all labor regulations and policies for workers as stipulated by laws on labor, social insurance, and health insurance.

2. They shall be provided with at least two sets of volunteer uniforms annually and a volunteer membership card.

3. They shall be facilitated to enhance their academic, political theory, professional, and vocational qualifications; participate in cultural, physical exercise, sports, entertainment activities according to the law.

4. They shall be allowed to participate in group activities; be nurtured and considered for admission into the Ho Chi Minh Communist Youth Union and the Communist Party of Vietnam according to the Charter of the Ho Chi Minh Communist Youth Union and the Charter of the Communist Party of Vietnam.

5. They shall be prioritized for loans from the Social Policy Bank according to current regulations.

6. Volunteer members who demonstrate bravery and die or become injured under circumstances defined by laws on preferential treatment for those meritorious to the revolution shall have the volunteer organization propose relevant authorities to consider and recognize them as martyrs or decide that they shall benefit from policies similar to those for disabled veterans as stipulated by laws on preferential treatment for those meritorious to the revolution.

7. Volunteer members working in the volunteer organization who die while performing their duties shall receive funeral allowances according to laws on social insurance and be assisted by the volunteer organization to transport back to their hometowns or families if requested by relatives.

8. Volunteer members who work continuously for twenty-four months in the volunteer organization shall be awarded a Commemorative Medal for Volunteers by the Central Committee of the Ho Chi Minh Communist Youth Union. In cases where service periods are in different batches or interrupted, the periods shall be accumulated.

9. Volunteer members who achieve commendable results in fulfilling their tasks shall be rewarded according to laws on competition and rewards.

10. Volunteer members performing tasks in areas with particularly difficult socio-economic conditions as defined by law shall enjoy additional policies as follows:

a) They shall be supported with living expenses for six months from the start of their work in areas with particularly difficult socio-economic conditions. The monthly living allowance shall be equal to the base salary level as stipulated by law.

b) They shall be exempted or deferred from military service according to the Law on Military Service Obligation.

Article 7. Policy towards volunteers after completing their tasks

1. They shall be issued a Certificate of Completion of Tasks by the volunteer organization.

2. They shall be given priority when applying for civil servant and public official positions according to laws on cadres, civil servants, and public officials.

3. In cases where they wish to settle and establish themselves in ethnic minority and mountainous regions, remote and border areas, islands, and areas with particularly difficult socio-economic conditions, they shall be entitled to apply national policies on economic and social development in the settlement area.

4. In cases where they perform tasks in areas with particularly difficult socio-economic conditions as defined by law, they shall enjoy additional policies as follows:

a) A one-time allowance equivalent to one month's current wage for each year worked in the volunteer organization in areas with particularly difficult socio-economic conditions. If the period of work is less than one year (12 months), but more than one month up to six months, they shall receive half a month's wage, and if the period of work exceeds six months, they shall receive one month's wage.

b) They shall be exempted from military service according to the Law on Military Service Obligation;

c) They shall be provided with travel expenses for returning to their home province.

Article 8. Policy towards individuals engaged in leadership, management, professional, and technical work in the Youth Volunteer Organization

1. Officials, civil servants, and public officials who are appointed, transferred, or rotated to engage in leadership and management work in the Youth Volunteer Organization shall enjoy benefits and policies as prescribed by laws on officials, civil servants, and public officials; at the same time, they shall also enjoy other policies for Youth Volunteer members as stipulated in Clause 2, Clause 8, Clause 9 of Article 6 and Clause 1 of Article 7 of this Decree. In cases where they work in areas with particularly difficult socio-economic conditions as prescribed by law, they shall additionally enjoy living allowances and subsidies as prescribed in Clause 10 of Article 6 and Clause 4 of Article 7 of this Decree.

2. Individuals recruited or contracted to perform management, professional, and technical tasks shall enjoy policies as prescribed by laws on public officials, labor laws, and certain policies applicable to those engaged in Youth Volunteer leadership and management tasks as agreed upon with the Youth Volunteer Organization.

3. Individuals participating in the Youth Volunteer Organization who meet the prescribed standards and conditions shall be considered for inclusion in local leadership and management position planning or recommended for candidacy for positions within political organizations, political-social organizations, and local administrative bodies or other agencies and units.

Chapter III

POLICY TOWARDS VOLUNTEER YOUTH

Section 1

POLICY TOWARDS VOLUNTEER YOUTH
PARTICIPATION IN PROGRAMS, PROJECTS, AND PROGRAMMES

Article 9. Policy towards volunteer youth during the implementation of programs, projects, and programmes

1. They shall enter into labor contracts with competent authorities; they shall enjoy full benefits and policies for workers as prescribed by labor laws, social insurance laws, and health insurance laws.

2. They shall enjoy salary or wage, allowance, subsidy, travel expenses, and other benefits and policies as prescribed in the programs, projects, and programmes that have been approved by competent authorities.

3. They shall be provided with necessary working tools and personal protective equipment to ensure safety and suitability for voluntary activity requirements.

4. They shall be trained and further educated to enhance knowledge and necessary skills during the implementation of assigned tasks.

5. They shall be assigned tasks commensurate with their trained professional qualifications and the need for deployment and utilization of volunteer youth.

6. They shall participate in mass organization activities; they shall be nurtured and considered for admission into the Ho Chi Minh Communist Youth Union and the Communist Party of Vietnam according to the regulations of the Ho Chi Minh Communist Youth Union Charter and the Communist Party of Vietnam Charter.

7. They shall be provided with favorable conditions for accommodation by local authorities and units where voluntary activities take place; they shall participate in political, cultural, and social activities in the locality.

8. Local party committees and authorities, and units where voluntary activities take place shall consider them as potential cadres for leadership and management positions suitable for local cadre planning.

9. For economic and social development programs, projects, and programmes of volunteer youth that are evaluated by local party committees, authorities, and units as effective and highly feasible, local authorities shall consider and support their organization and implementation.

10. Volunteer youth who bravely act and die or get injured in one of the cases prescribed by law on preferential treatment for persons meritorious to the revolution shall be proposed by the People's Committee of the commune where voluntary activities take place to competent authorities for recognition as martyrs or for enjoyment of preferential policies like war invalids as prescribed by law on preferential treatment for persons meritorious to the revolution.

11. Volunteer youth who die during voluntary activities shall receive funeral assistance payments as prescribed by social insurance laws, and local authorities where voluntary activities take place shall assist in transporting them back to their hometown or family as requested by relatives.

Article 10. Policies for volunteers after the completion of programs, projects, and initiatives

1. The local authority where volunteer activities take place shall issue a Certificate of Participation in Volunteer Activities within its jurisdiction.

2. If they complete their tasks satisfactorily during the period of volunteer activities and wish to continue working in the locality, they shall be considered, planned, trained, and assigned by the competent authority or the unit where the volunteer activities take place.

3. They shall be supported once with half of the current monthly salary or wage upon completion of the assigned tasks.

4. They shall enjoy policies supporting vocational training linked to job creation as stipulated by law.

5. Volunteers who wish to settle and establish themselves in areas inhabited by ethnic minority groups and mountainous regions, remote and border areas, islands, and economically and socially disadvantaged areas shall be entitled to apply national policies on economic and social development in the settlement area.

Section 2

POLICIES FOR VOLUNTEERS,

ORGANIZATIONS AND UNITS ORGANIZING VOLUNTEER ACTIVITIES

FOR THE COMMUNITY AND SOCIETY

Article 11. Policies for volunteers during the course of volunteer activities

1. They shall be trained and provided with knowledge, skills, and professional expertise necessary for volunteer activities by the organization, unit, or entity organizing such activities.

2. They shall be equipped with work tools and personal protective equipment necessary to ensure safety and suitability for the requirements of volunteer activities.

3. They shall be allowed to participate in mass organizations; they shall be considered for admission into the Ho Chi Minh Communist Youth Union and the Communist Party of Vietnam according to the regulations of the Ho Chi Minh Communist Youth Union Charter and the Communist Party of Vietnam Charter.

4. Volunteers who die or are injured while performing volunteer duties and fall under one of the cases specified in the law on preferential treatment for those meritorious to the revolution shall be recognized as martyrs or granted benefits equivalent to those for war invalids by the People's Committee of the commune where the volunteer activities take place, upon recommendation to the competent authority.

5. In case a volunteer dies while performing tasks, they shall be supported with funeral expenses according to the law on social insurance.59/2019/NĐ-CP If the volunteer does not participate in social insurance, the organization, unit, or entity organizing volunteer activities shall support funeral expenses and transportation back to their hometown or family at the request of relatives.

6. Volunteers who are not subject to mandatory social insurance and health insurance and have not joined voluntary social insurance or health insurance and suffer accidents while performing volunteer tasks shall be guaranteed the following policies by the organization, unit, or entity organizing volunteer activities:

a) If the accident leads to a reduction in labor capacity from 5% to 30%, they shall be supported with a minimum of half the cost of medical treatment, recovery of health, and restoration of reduced functions.

b) If the accident results in a reduction in labor capacity of 31% or more, in addition to the support provided under point a of this Clause, they shall also receive a one-time allowance of a minimum of 5,000,000 VND, with an additional minimum of 1,000,000 VND for each additional 1% reduction in labor capacity.

c) If death occurs due to a workplace accident, they shall receive a one-time allowance of a minimum of 50,000,000 VND.

7. Civil servants, public officials, employees, and workers participating in volunteer activities who bravely save people and state property and are injured and require medical treatment as concluded by a healthcare agency shall have their time off for treatment counted towards their service time to enjoy state policies and benefits as stipulated by law.

8. Students participating in volunteer activities who bravely save people and state property and are injured and require medical treatment as concluded by a healthcare agency, thereby interrupting their studies, shall be provided conditions to complete their study program.

Article 12. Policy towards voluntary youth after the end of volunteer activities

1. Issuance of a Certificate of Participation in Volunteer Activities.

2. Enjoyment of support policies for vocational training and job creation in accordance with the laws on vocational education and the laws on employment.

3. Consideration for preferential selection to participate in programs, projects, and initiatives for economic and social development and national defense if they have participated in volunteer activities for three months or more. In cases where multiple volunteer activities are undertaken in phases, the time spent participating in volunteer activities will be accumulated.

Article 13. Policy towards agencies, organizations, and units organizing community and social volunteer activities

1. Mobilization and utilization of financial or product donations from legitimate sources of support, sponsorship, and contributions in accordance with the law.

2. Creation of favorable conditions and assurance of security and public order during the organization of volunteer activities by local People's Committees; directing relevant sectors at the local level to cooperate in the organization of volunteer activities.

3. Agencies, organizations, and units that have achieved significant results in organizing volunteer activities for the community and society shall be considered for commendation and awards in accordance with the laws on competition and rewards.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
IN THE IMPLEMENTATION OF POLICIES FOR
VOLUNTEER YOUTH AND VOLUNTARY YOUTH

Article 14. Responsibilities of individuals participating in Youth Volunteer Organizations

1. Compliance with legal regulations, internal rules, and regulations of the Youth Volunteer Organization, and local customs and traditions where the tasks are performed.

2. Execution of assigned tasks according to the allocation by the Youth Volunteer Organization.

3. In cases where an individual leaves their post without completing the agreed-upon service period, they must compensate for initial support funds, equipment, and other related expenses.

Article 15. Responsibilities of Voluntary Youth

1. Voluntary youth participating in programs, projects, and initiatives are responsible for performing the tasks allocated within those programs, projects, and initiatives which have been approved by competent authorities.

2. Voluntary youth participating in community and social volunteer activities shall have the following responsibilities:

a) Compliance with legal regulations, internal rules, and regulations of the agency, organization, or unit organizing community and social volunteer activities, and local customs and traditions where the volunteer activities are carried out;

b) Execution of assigned tasks by the agency, organization, or unit organizing community and social volunteer activities; good cooperation with related organizations and individuals at the local level during the volunteer activities;

c) Voluntary youth who are civil servants, employees, or workers in state agencies, economic organizations, or armed forces must submit a request and obtain written approval from the competent authority managing and utilizing such personnel;

d) Voluntary youth who are students must submit a request and obtain written approval from the educational institution or vocational training institution directly managing them during their study period.

Article 16. Responsibilities of the Youth Volunteer Organization

1. Selecting and recruiting youth volunteers to perform tasks at units in accordance with the provisions of the law.

2. Implementing the signing of labor contracts, employment contracts, and ensuring wage policies, allowances (if any), social insurance, health insurance, unemployment insurance for youth volunteers and personnel engaged in leadership, management, professional, and technical work within the youth volunteer organization in accordance with the Labor Law and the Law on Public Officials.

3. Providing working equipment, youth volunteer uniforms, youth volunteer membership cards, necessary personal protective equipment suitable for the requirements of the tasks assigned to youth volunteers; ensuring safety for youth volunteers participating in performing their tasks.

4. Educating, training, and enhancing knowledge and skills for youth volunteers during the performance of their tasks; issuing Certificates of Task Completion for youth volunteers according to the model prescribed by the Central Committee of the Ho Chi Minh Communist Youth Union.

5. Organizing mass activities; nurturing and considering admission into the Ho Chi Minh Communist Youth Union and the Communist Party of Vietnam for youth volunteers in accordance with the Charter of the Ho Chi Minh Communist Youth Union and the Charter of the Communist Party of Vietnam.

Article 17. Responsibilities of agencies, organizations, and units organizing voluntary activities

1. The agency or unit primarily responsible for implementing programs, projects, and plans shall ensure policies for young people participating in voluntary activities as stipulated in Articles 9 and 10 of this Decree and other systems and policies approved by competent authorities within the program, project, or plan.

2. Agencies, organizations, and units organizing community and social voluntary activities shall have the following responsibilities:

a) Surveying and working with the People's Committee where the voluntary activity takes place to develop a plan for organizing the voluntary activity, clearly stating the purpose, time, location, content, program of the voluntary activity, the number and composition of young people participating in the voluntary activity;

b) Submitting the plan for organizing the voluntary activity to the People's Committee of the commune where the voluntary activity takes place before organizing the activity; submitting it to the People's Committee of the district if the voluntary activity takes place across two communes within a district; submitting it to the People's Committee of the province if the voluntary activity takes place across two districts within a province;

c) Organizing the selection of young people to participate in voluntary activities, managing volunteer youth in accordance with the plan, ensuring safety, effectiveness, and suitability with the local socio-economic development tasks;

d) Establishing internal regulations and rules for voluntary activities, providing necessary knowledge and skill training for young people participating in voluntary activities;

đ) Providing working equipment and necessary personal protective equipment suitable for the requirements of voluntary activities; ensuring the health and safety of young people participating in voluntary activities;

e) Supporting or subsidizing cases as specified in Clause 5 and Clause 6 of Article 11 of this Decree;

g) Providing full information to local authorities and related agencies and organizations during the organization of voluntary activities when requested;

h) Cooperating with youth organizations in the area to implement voluntary activities and publicly announcing the purpose, scale, and form of organizing voluntary activities through local media;

i) Issuing Certificates of Participation in Voluntary Activities for volunteer youth according to the model prescribed by the Central Committee of the Ho Chi Minh Communist Youth Union.

3. The head of the agency, organization, or unit organizing voluntary activities shall be personally liable under the law for any violations of the law that occur during the organization of voluntary activities.

Article 18. Responsibilities of the People's Committee at the commune and district levels towards voluntary youth

1. Notify the agencies, organizations, and units organizing volunteer activities of the agreement to accept such activities in the locality (regarding objectives, scope, content, quantity, and composition of participating youth volunteers); in case of disagreement, clearly state the reasons.

2. Create conditions and ensure security and public order for agencies, organizations, and individuals to carry out volunteer activities according to the planned schedule.

3. Temporarily suspend or terminate volunteer activities that violate the law or do not conform to the planned schedule for organizing volunteer activities.

4. Report and propose competent authorities to promptly handle and resolve cases of law violations occurring during volunteer activities within their jurisdiction.

5. Issue Certificates of Participation in Volunteer Activities for youth volunteers participating in programs, projects, and initiatives according to their authority.

Article 19. Responsibilities of the People's Committee at the provincial level

1. For voluntary youth

The People's Committee at the provincial level performs the function of state management over voluntary youth in the locality and has the following responsibilities:

a) Organize the implementation of policies for voluntary youth in accordance with the provisions of the law, suitable to the socio-economic development conditions of the locality;

b) Guide, monitor, urge, inspect, and resolve complaints and denunciations within their authority regarding policies for voluntary youth.

2. For volunteer youth

The People's Committee at the provincial level performs the function of state management over volunteer youth and has the following responsibilities:

a) Establish channels of information on volunteer activities so that youth can access and participate;

b) Notify the agencies organizing volunteer activities of the agreement to accept community and social volunteer activities in the locality according to their authority (regarding objectives, scope, content, quantity, and composition of participating youth volunteers); in case of disagreement, clearly state the reasons;

c) Create conditions for organizations and individuals to implement volunteer activities in the locality;

d) Guide, monitor, urge, inspect, and resolve complaints and denunciations within their authority regarding policies for volunteer youth.

3. Annually report the results of implementing policies for voluntary youth and volunteer youth incorporated into the annual report on state management of youth as prescribed.

Article 20. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Government Agencies

1. Ministry of Home Affairs

a) Take the lead and coordinate with relevant ministries, agencies, and the Central Committee of the Communist Youth Union Ho Chi Minh to organize and implement this Decree;

b) Inspect, supervise, and propose measures to address violations in the implementation of policies for voluntary youth and volunteer youth;

c) Summarize, evaluate, and report to competent authorities on the organization and implementation of policies for voluntary youth and volunteer youth.

2. Ministries, ministerial-level agencies, government agencies

a) Create conditions for voluntary youth and volunteer youth to operate in fields under their management;

b) Integrate mechanisms and policies according to their functions and tasks to enable voluntary youth and volunteer youth to fulfill assigned tasks;

c) Establish channels of information on volunteer activities of youth so that youth can access and participate;

d) Commend and honor youth who have achieved significant results in participating in volunteer activities;

đ) Annually report the results of implementing policies for voluntary youth and volunteer youth incorporated into the annual report on state management of youth as prescribed.

3. The Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs shall stipulate forms of commendation and rewards for youth who actively participate and successfully complete tasks in volunteer activities in educational and vocational training institutions.

Article 21. The Central Committee of the Ho Chi Minh Communist Youth Union proposes:

1. For voluntary youth

a) To establish a model Certificate of Completion of Tasks for members of voluntary youth organizations; to direct and guide the Ho Chi Minh Communist Youth Unions of provinces and centrally governed cities under the central government and voluntary youth organizations to implement the regulations on issuing Certificates of Completion of Tasks and awarding Commemorative Medals to members of voluntary youth organizations correctly;

b) To coordinate with the Ministry of Home Affairs and relevant ministries and sectors in inspecting and supervising the implementation of policies for members of voluntary youth organizations in accordance with the provisions of the law;

c) To reward and honor organizations and individuals with outstanding achievements in performing their tasks; to present the "Brave Youth" Badge according to the regulations of the Central Committee of the Ho Chi Minh Communist Youth Union to voluntary youth who have shown bravery.

2. For volunteer youth

a) To organize propaganda, mobilization, raise awareness, and promote the role and responsibility of young people participating in volunteer activities;

b) To build information channels connecting nationwide youth volunteer activities; to perform the task of coordinating youth volunteer activities;

c) To coordinate with relevant ministries and sectors to direct, provide guidance, and develop mechanisms and policies to create favorable conditions for youth volunteer activities;

d) To direct and guide the Ho Chi Minh Communist Youth Unions at provincial level and other youth organizations established in accordance with the law on methods of mobilizing young people to participate in volunteer activities within their organizations;

đ) To take the lead and coordinate with relevant agencies and units to establish a model Certificate of Participation in Volunteer Activities and to guide agencies, organizations, and units organizing volunteer activities to issue Certificates of Participation to young people participating in volunteer activities;

e) To reward and honor organizations and individuals with outstanding achievements in volunteer activities; to present the "Brave Youth" Badge according to the regulations of the Central Committee of the Ho Chi Minh Communist Youth Union to volunteer youth who have shown bravery during their participation in volunteer activities.

3. Annually or at any time, report to the state management agency on youth the results of organizing and implementing policies for voluntary youth and volunteer youth according to assigned functions and tasks.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Decree takes effect from the date of signature.

2. Article 7 of Chapter I; Articles 16, 17, and 18 of Chapter III in Decree No. 12/2011/NĐ-CP dated January 30, 2011 of the Government regarding the organization and policies for voluntary youth will cease to be effective from the date this Decree takes effect.

Article 23. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial and centrally governed city People's Committees, and related agencies, organizations, and individuals are responsible for enforcing this Decree.

2. In the process of implementing this Decree, if there are difficulties, they are requested to reflect them to the Ministry of Home Affairs for consolidation and reporting to the Government for consideration and decision./.