Decision No. 355/1999/QĐ-BTP on the issuance of the Regulation on the construction, management, and exploitation of legal bookshelves at communes, wards, and towns

Pursuant to …;

||| ON THE ISSUANCE OF REGULATIONS ON THE CONSTRUCTION, MANAGEMENT AND EXPLOITATION OF LEGAL BOOKCASES IN COMMUNES, WARD, TOWNS

THE MINISTER OF JUSTICE

||| Pursuant to Decree No. 38/CP dated June 6, 1993 on the functions, tasks, powers, and organization of the Ministry of Justice; 04 tháng 0||| Pursuant to Decision No. 61/1998/QĐ-TTg dated September 31, 1998 of the Prime Minister on the issuance of the Official Gazette of the Socialist Republic of Vietnam for communes, wards, towns;
||| Pursuant to Decision No. 1067/QĐ-TTg dated November 25, 1998 of the Prime Minister approving the project on the construction and management of legal bookcases in communes, wards, towns; 0||| Considering the proposal of the Director of the Popularization and Legal Education Department,
||| The regulations on the construction, management and exploitation of legal bookcases in communes, wards, towns are hereby promulgated.
||| The Director of the Popularization and Legal Education Department shall be responsible for guiding, urging, and inspecting the implementation of this Decision.

Pursuant to …;

Article 1

Article 2

||| REGULATIONS ON THE CONSTRUCTION, MANAGEMENT AND EXPLOITATION OF LEGAL BOOKCASES IN COMMUNES, WARDS, TOWNS

Article 3.

REGULATIONS

Article 1. Legal Bookcase in Communes, Wards, Towns
||| The legal bookcase in communes, wards, towns (hereinafter referred to as the legal bookcase) is a place for storing and organizing the use of legal documents, books, and newspapers to serve the work of cadres and mass organizations; to meet the needs of citizens to understand the law; it is a measure to strengthen the popularization and education of the law and the implementation of democracy at the grassroots level.

Chapter 1:

GENERAL PROVISIONS

Article 2. Tasks of the Legal Bookcase

||| The legal bookcase has the following tasks:

Point 1. Collecting, preserving, disseminating, and managing legal documents, books, and newspapers;

Point 2. Being a convenient place for cadres and citizens to access and understand the laws of the State, the policies and guidelines of the Party;

Point 3. Assisting grassroots administrative cadres to apply the law correctly to resolve local issues; helping citizens to use the law appropriately to protect their legitimate rights and interests;

Point 4. Contributing with other cultural activities to build a healthy and civilized lifestyle.

Article 3. Principles of Construction, Management, and Exploitation of the Legal Bookcase

The construction, management, and exploitation of the legal bookcase must comply with the following principles:

Point 1. The construction of the legal bookcase is carried out gradually and firmly, within the overall framework of various forms and measures of legal dissemination and education, in coordination with other cultural venues in the locality, ensuring stable and long-term operation;

Point 2. The location of the legal bookcase must ensure convenience for citizens to read and borrow legal documents, books, and newspapers;

Point 3. The legal bookcase is constructed uniformly nationwide, in each form suitable to the characteristics of each region, ensuring economy and effective utilization;

Point 4. The legal bookcase is directly managed by the People's Committee of the commune, ward, town, and managed and guided in terms of professional matters by the judicial authority.

Article 4. Budget for Construction and Maintenance of the Legal Bookcase

The budget for the construction and maintenance of the legal bookcase is sourced from the commune, ward, town budget according to the expenditure standards already directed in Part II, Point 2 of Circular 05/1999/TTLT-TC-TP dated January 28, 1999 of the Ministry of Finance and the Ministry of Justice. Specific quotas are decided by the Chairman of the Provincial People's Committee or the Municipal People's Committee under central jurisdiction.

Article 4. Funding for the construction and maintenance of legal bookcases

The funding for the construction and maintenance of legal bookcases shall be sourced from the budget of communes, towns, and urban districts at the level specified in Part II, Point 2 of Circular 05/1999/TTLT-TC-TP dated January 28, 1999, issued jointly by the Ministry of Justice and the Ministry of Finance. Specific standards shall be determined by the Chairman of the People's Committee of provinces and centrally-administered cities.

Article 5. Responsibilities of Judicial Authorities

1. The Department of Justice and the Justice Office shall periodically guide, inspect, summarize, conclude, and direct the construction of legal libraries at the local level according to the guidelines of the Ministry of Justice, seeking suitable models for replication within the locality.

2. The Justice Board assists the People's Committee of communes, wards, towns (collectively referred to as the People's Committee of commune-level units) in managing and guiding the operational procedures for utilizing legal libraries for responsible staff members; organizing cooperation in the exploitation and utilization, exchange between legal libraries and public libraries, postal and cultural centers, border guard libraries to effectively utilize existing legal materials, books, and publications.

CSection 2:

CONSTRUCTION OF LEGAL LIBRARIES

Article 6. Decision on Establishing Legal Libraries

1. The Chairman of the People's Committee of communes, wards, towns issues a decision to establish a legal library. In the establishment decision, specific provisions must be made regarding: location of the legal library, person in charge, scope and target audience served, authority and responsibilities of the person in charge of the legal library, funding for constructing the legal library.

2. In villages, hamlets, residential wards, mountainous areas, remote regions, mobile book points may be organized to serve cadres and people.

Article 7. Location of Legal Libraries

Legal libraries should be located at the People's Committee office or in convenient places that ensure favorable conditions for cadres and people to use.

Article 8. Legal Materials, Books, and Publications of Legal Libraries

1. Legal libraries must have legal materials and publications according to the unified list provided by the Ministry of Justice, including:

a. Regulatory legal documents: Official Gazette, local regulatory legal document systems, specialized legal document compilation books directly related to citizens and local authorities;

b. General legal books: Question-and-answer books, commentaries, explanations of laws concerning the rights and obligations of citizens, propaganda and popularization pamphlets;

c. Operational guidance books for grassroots administrative and judicial work;

d. Central and local legal newspapers.

2. In addition to the above legal books and publications, depending on local conditions, other types of books and materials with legal content can be selected to serve cadres and people.

Legal libraries in mountainous ethnic communes need to have legal materials in ethnic languages.

Article 9. Supplementing Legal Materials, Books, and Publications for Legal Libraries

1. According to periodic guidelines from the Ministry of Justice, legal libraries need to promptly supplement new legal materials, books, and publications;

2. To facilitate the purchase and allocation of legal materials, books, and publications for legal libraries, the Justice Offices act as the central point to compile the required number of legal books, prepare reports sent to the Department of Justice (for legal materials and books compiled and issued by the locality) for the Department of Justice to develop plans and purchase according to the registration of the Justice Offices.

For legal materials and books compiled and issued by central publishers and the Ministry of Justice before 1999, based on the registration of the Departments of Justice, the Ministry of Justice will coordinate with the publishers to reprint or print anew according to the quantity requested by the localities.

Article 10. Support for Building Legal Bookshelves

The Judicial Department shall develop plans, mobilize existing legal materials, books, and newspapers among officials and the public to build legal bookshelves; encourage organizations and individuals to support legal materials, books, newspapers, as well as other material conditions to assist the legal bookshelf.

CChapter 3:

MANAGEMENT AND UTILIZATION OF LEGAL BOOKSHELVES

Article 11. Officials Responsible for Legal Bookshelves

1. The Chairman of the People's Committee of communes, wards, towns shall assign a dedicated official from the Judicial Department or another official within the Judicial Department to be responsible for the legal bookshelf.

2. Officials responsible for legal bookshelves must meet the following criteria:

a. Possess a certain level of education;

b. Have necessary knowledge of the law;

c. Demonstrate enthusiasm and a sense of responsibility.

Article 12. Duties of Officials Responsible for Legal Bookshelves

Officials responsible for legal bookshelves have the following duties:

1. To lend out and guide the use of legal materials, books, and newspapers;

2. To preserve legal materials, books, and newspapers according to regulations governing state assets;

3. To regularly coordinate with departments, mass organizations at the grassroots level to implement methods of utilizing legal bookshelves;

4. To follow guidance on legal bookshelf operations provided by judicial authorities.

Article 13. Benefits of Officials Responsible for Legal Bookshelves

Officials responsible for legal bookshelves enjoy the following benefits:

1. To receive remuneration and other benefits as stipulated by the State and local People's Committees;

2. To attend training on building, managing legal bookshelves, and legal procedures;

3. To be recognized and rewarded by competent authorities according to State regulations when they achieve outstanding results in managing legal bookshelves and disseminating legal education.

Article 14. Registration and Preservation of Legal Bookshelves

Legal bookshelves must be registered and preserved according to State regulations on state assets. Individuals who lose or damage legal materials, books, or newspapers must compensate according to regulations.

Article 15. Rules of Legal Bookshelves

1. The Judicial Department shall lead and coordinate with departments, mass organizations to draft and submit to the Chairman of the People's Committee of communes, wards, towns for promulgation the Rules of Operation of legal bookshelves.

2. The main contents of the Rules include:

a. Service hours;

b. Service formats;

c. Rights and responsibilities of officials responsible for legal bookshelves;

d. Responsibilities of readers and borrowers to maintain, preserve, and compensate for losses or damages to legal materials, books, and newspapers.

3. The Rules of legal bookshelves must be posted at the location where the legal bookshelf is placed.

Article 16. Service Hours

Legal bookshelves operate daily during the working hours of the People's Committee. In places without the conditions to serve during the working hours of the People's Committee, specific days and times for service shall be established to facilitate reading and borrowing of legal materials, books, and newspapers by officials and the public.

Article 17. Service Formats

1. Legal bookshelves provide services through on-site reading or lending to take home.

2. For rural residential areas, the Judicial Department may organize mobile bookshelves or book distribution stations to facilitate reading and borrowing of legal materials, books, and newspapers by officials and the public.

Article 18. Methods for Utilizing the Legal Bookshelf

To effectively utilize the legal bookshelf, it is necessary to implement the main methods as follows:

1. Regularly promoting and encouraging officials and people to read and understand the legal materials, books, and newspapers available in the legal bookshelf;

2. Promptly announcing the contents of new legal materials, books, and newspapers on bulletin boards, information stations, and community loudspeakers in communes, wards, and towns to facilitate officials and people's access to reading, borrowing legal materials, books, and newspapers from the legal bookshelf;

3. In places with appropriate conditions, organizing discussions, introductions, and contests on understanding legal materials, books, and newspapers to enhance the effectiveness of utilizing the legal bookshelf.