Circular No. 339/1998/TT-BTP guiding the implementation of Decision No. 03/1998/QĐ-TTg dated January 7, 1998 of the Government Prime Minister

CIRCULAR

Guidelines for implementing Decision No. 03/1998/QĐ-TTg

dated January 7, 1998of the Prime Minister

_________________

Implementing Article 6 of Decision No. 03/1998/QĐ-TTg dated January 7, 1998 of the Prime Minister on the issuance of the Plan to implement legal awareness and education activities from 1998 to 2002 and the establishment of the Steering Committee for Legal Awareness and Education Activities, the Ministry of Justice provides guidance on specific issues as follows:

A. REGARDING THE PLAN TO IMPLEMENT LEGAL AWARENESS AND EDUCATION ACTIVITIES FROM 1998 TO 2002

I. ON THE NATURE OF THE PLAN

1. According to Section C of the Plan, the implementation of the Plan to carry out legal awareness and education activities will be conducted during the term of the Government until 2002, serving as a basis for Ministries, sectors, and Provincial People's Committees (hereinafter referred to collectively as Provincial People's Committees) to develop specific plans to implement legal awareness and education activities.

2. The Government's Plan has a guiding nature and may be supplemented or adjusted to suit each period. Therefore, during its implementation, if there are issues requiring amendments or supplements, Ministries, sectors, and Provincial People's Committees shall propose to the Ministry of Justice for submission to the Government for consideration and decision.

As for the Plans of Ministries, sectors, and Provincial People's Committees, the amendment or supplementation of such Plans shall be decided by the respective Ministries, sectors, and Provincial People's Committees based on the proposal of the Legal Affairs Organization and the Department of Justice.

3. The Plan also serves as a basis for the Government to inspect the implementation of legal awareness and education activities until 2002. Ministries, sectors, and Provincial People's Committees shall conduct inspections based on their own issued Plans that are consistent with the Government's Plan.

II. DEVELOPING SPECIFIC PLANS TO STRENGTHEN LEGAL AWARENESS AND EDUCATION ACTIVITIES

1. In accordance with Point 9 of Directive No. 02/1998/CT-TTg and Article 5 of Decision No. 03/1998/QĐ-TTg, Ministries, agencies equivalent to Ministries, government agencies, and Provincial People's Committees need to develop quarterly and annual Plans regarding legal awareness and education activities, specifically:

a. For Ministries and sectors assigned the main responsibility to implement legal awareness and education measures under the Plan attached to Decision No. 03/1998/QĐ-TTg, the implementation Plan drafted by these Ministries and sectors must seek opinions from related Ministries and sectors, with the participation of the agency tasked by the Prime Minister to coordinate.

b. For Ministries and sectors not assigned the main responsibility to implement legal awareness and education measures by the Government's Plan, their legal awareness and education Plans should outline measures to strengthen such activities for cadres and civil servants within their sectors and those directly implementing legal documents in their areas of management. When drafting the Plan, the role of the Legal Affairs Organization should be leveraged according to the guidance at Point 1, Section III of Circular No. 1793/1997/TT-BTP dated December 30, 1997 of the Ministry of Justice on Legal Affairs Operations in Ministries, agencies equivalent to Ministries, and government agencies.

c. For Provincial People's Committees, specific Plans on legal awareness and education should be developed based on the Government's Plan, in line with local requirements, tasks, actual conditions, and demographic characteristics under their jurisdiction.

d. For District and Commune People's Committees, Plans on legal awareness and education should be developed based on the Plan and guidance from higher-level People's Committees.

e. The advisory body for drafting Plans on legal awareness and education is the Legal Affairs Organization within Ministries and sectors, and local judicial bodies.

f. To facilitate the Ministry of Justice in effectively performing its coordinating role in legal awareness and education activities and regularly reporting to the Prime Minister, specific Plans on legal awareness and education issued by Ministries, sectors, and Provincial People's Committees should be promptly submitted to the Ministry of Justice upon issuance.

2. Regarding the target audience for legal awareness and education. The Plans on legal awareness and education issued by Ministries, sectors, and People's Committees are detailed and specific. Therefore, the content of the Plans must identify specific target audiences and propose appropriate and effective educational content and methods. The selection of target audiences for legal awareness and education should focus on those identified in the Government's Plan.

3. On the content of legal awareness and education, it must meet the following requirements:

a. Systematically and regularly disseminate fundamental and important legal documents, as well as those directly related to work and daily life in the fields and regions under their management;

b. Broadly and selectively disseminate newly issued legal documents by the National Assembly, the Government, and local authorities during each period;

c. Emphasize activities aimed at building and enhancing legal awareness among cadres and the public.

4. On methods of legal awareness and education, attention should be paid to both organizational methods for implementing legal awareness and education activities and direct methods of disseminating and educating about the law, particularly the following methods:

a. Strengthening relationships between Legal Affairs Organizations, judicial bodies, and relevant organizations to disseminate and educate about the law for specific target groups; combining legal education with political, ideological, moral, and cultural education...

b. Prioritizing the organization of a stable network of legal lecturers and propagandists consisting of staff with legal knowledge, skills, and abilities to disseminate the law, combined with the cadre of Party propagandists and cultural workers to serve legal awareness and education activities for different target groups.

Ministries, sectors, and People's Committees shall instruct Legal Affairs Organizations and judicial bodies to closely cooperate with relevant agencies and organizations to select individuals, compile lists of legal lecturers, develop training plans to enhance their propaganda skills and legal knowledge, provide materials, and create conditions to improve the capacity of the lecturer team.

The Ministry of Justice will have a training plan for key legal lecturers from Ministries, sectors, and localities.

c. Continue to enhance the effectiveness of legal dissemination and education forms through newspapers, radio, oral propaganda, issuing legal dissemination and education materials (sets of documents, propaganda outlines, pocket books, legal question-and-answer sessions, pamphlets), promotional information. Implement diverse and rich forms suitable for each target group such as conducting legal business proficiency contests for officials and civil servants, disseminating and educating the law through traditional social activities; using audiovisual media; through cultural and artistic propaganda teams, community cultural activities.

d. Combine the mass movement to promote legal dissemination and education with directing specific implementation at each locality, each target group, each form and method of legal dissemination and education.

5. Regarding the budget for legal dissemination and education. According to Point 9 of Directive No. 02/1998/CT-TTg, when drafting the Legal Dissemination and Education Plan, it is necessary to prepare a budget estimate to implement that plan. Therefore, during the planning process, Ministries, sectors, People's Committees need to direct the Legal System organizations and local judicial agencies to closely coordinate with financial agencies to carry out this task. Pay attention to the organizational budget and the budget for implementing specific legal dissemination and education measures, ensuring efficiency, thrift, avoiding formalism and waste.

6. The Legal Dissemination and Education Plan of Ministries, ministerial-level agencies, and government agencies shall be decided by the Minister or Head of the government agency.

As for the Legal Dissemination and Education Plan of People's Committees at all levels, it shall be decided by the Chairman of the People's Committee.

7. Regarding inspection of plan implementation. To enforce Article 3 of Decision No. 03/1998/QĐ-TTg and Article 8 of Directive No. 02/1998/CT-TTg, Ministries, sectors, and People's Committees need to direct Legal System organizations and local judicial agencies to regularly conduct surveys and sociological investigations in sectors and localities with representative and special groups to understand the legal knowledge needs of cadres and people; evaluate the effectiveness of legal dissemination and education work in sectors and localities. On this basis, propose effective methods and forms of legal dissemination and education; promptly supplement and adjust plans to align with the tasks of Ministries, sectors, and localities, and meet the requirements of enhancing legal awareness among target groups.

Based on the issued plans, Ministries, sectors, and People's Committees need to direct Legal System organizations and local judicial agencies to cooperate with relevant units to regularly urge, inspect, and guide the implementation of these plans; promptly encourage and reward units and individuals with outstanding achievements in legal dissemination and education work.

B. ON THE COORDINATION BOARD FOR LEGAL DISSEMINATION AND EDUCATION WORK (ABBR. AS THE COORDINATION BOARD)

I. REGARDING THE ESTABLISHMENT OF THE COORDINATION BOARD

1. The Coordination Board has the function of coordinating the guidance of agencies and organizations on legal dissemination and education work; maintaining coordination between state management agencies and political-social organizations, occupational social organizations; supporting agencies and organizations to intensify legal dissemination and education work.

2. According to Article 2 and Article 4 of Decision No. 03/1998/QĐ-TTg, the Coordination Board is established at the central and provincial levels.

a. At ministries, ministerial-level agencies, and government agencies where there are many departments responsible for legal dissemination and education due to their organizational structure and division of tasks, the establishment of the Coordination Board is decided by the Minister or Head of the government agency.

b. Regarding the Coordination Board at the district and commune levels, Decision No. 03/1998/QĐ-TTg does not specify. However, in provinces and cities where district and commune-level Coordination Boards have been effectively operating, the Provincial People's Committee directs the maintenance and improvement of the organization and effectiveness of existing organizations; in areas with demand, additional district and commune-level Coordination Boards may be established.

c. In places where provincial-level Coordination Boards have already been established, continue to improve the organization to enhance the effectiveness of operations according to the Prime Minister's regulations.

3. Regarding the composition of the Coordination Board.

Based on the composition of the Central Government's Coordination Board, the Provincial People's Committee decides on the composition of the Coordination Board, ensuring adequate representation of related agencies and organizations while also ensuring a streamlined organization to continuously enhance the effectiveness of the Board's operations. An optimal arrangement is for the Chairman or Vice-Chairman of the People's Committee to serve as the Chairman of the Board, with additional representatives from the Finance Department and the People's Committee Office as members.

4. Regarding the tasks of the Coordination Board.

Decision No. 03/1998/QĐ-TTg stipulates five tasks for the Coordination Board. Based on the Prime Minister's decision and the actual situation in the locality, the Provincial People's Committee can further specify and assign additional necessary tasks to the provincial-level Coordination Board.

II. REGARDING THE ORGANIZATION AND OPERATIONS OF THE BOARD

1. Regarding the organization of the Coordination Board.

Depending on specific task requirements and the implementation of legal dissemination and education work in ministries, sectors, and localities, the Coordination Board may assign board members to specialize in various committees or sub-committees responsible for different target groups, fields of legal dissemination and education, or specific forms of legal dissemination and education.

In addition to the judiciary as the permanent office of the Board, the Coordination Board may establish an additional secretariat team consisting of staff from the various committees and other agencies and organizations represented by members of the Board, led by a leader of the judiciary to assist in advisory roles, maintain regular operations, and enhance the effectiveness of the Board's activities.

2. Regarding the working principles and operational methods of the Coordination Board.

a. Regarding the principle of operation, based on its functions, the Coordination Board operates collectively. Members of the Board both participate in the Board's work and represent the agencies or organizations that have appointed them to the Board, and are responsible for directing, organizing, and implementing legal awareness and education activities in their respective sectors, agencies, or organizations according to the Government's Plan and the Board's coordination plan.

The Coordination Board operates under the principle of promoting the initiative of each member while ensuring close and regular cooperation among members, between the Board's assisting agencies, and between the agencies or organizations whose representatives are members of the Board.

b. Regarding the mode of operation, the Coordination Board operates according to Programs, Plans, Long-term and Short-term Proposals, or specific legal awareness and education activities approved by the Board.

The activities of the Coordination Board need to be carried out in a manner that comprehensively covers all coordinated activities in legal awareness and education while assigning responsibility for specific areas of work based on the target audience and field of legal awareness and education.

3. On the forms of operation of the Coordination Board.

To ensure flexibility and initiative in the operations of the Coordination Board, in addition to the form of collective discussion and majority decision-making at full meetings of Board members, other forms of activity should be promoted such as discussions and decisions at meetings of Committees or Subcommittees, between the Chairman and Vice Chairmen of the Board, between the Standing Office and the Secretariat, or sending documents to seek opinions from members.

4. On the seal, headquarters, and operating funds of the Coordination Board.

a. The Coordination Board belonging to the People's Committee at which level shall use the seal of the People's Committee at that level.

b. The headquarters of the Coordination Board belonging to the People's Committee of the province and the assisting agencies of the Board should be located at the Department of Justice to ensure convenience in operations.

c. The operating funds of the Coordination Board are budgeted when preparing the budget for implementing the legal awareness and education plan.

To enhance the exchange of experience and information to serve the coordination of legal awareness and education activities nationwide, promptly compile and report to the Prime Minister, Ministries, sectors, and Provincial People's Committees should instruct Legal Departments and Departments of Justice to regularly and timely provide information about their legal awareness and education activities to the Government Coordination Board chaired by the Ministry of Justice./.