Chương II Luật phổ biến, giáo dục pháp luật 2012: Nội dung, hình thức phổ biến, giáo dục pháp luật

Chapter II

CONTENT, FORM OF LAW POPULARIZATION AND EDUCATION

SECTION 1. CONTENT, FORM OF LAW POPULARIZATION AND EDUCATION GENERALLY FOR CITIZENS

Article 10. Content of law popularization and education

1. Provisions of constitution, and legal law, which the main content is provisions of laws on civil, crime, administration, marriage and family, gender equality, land, construction, environment protection, labor, education, medicine, National defense and security, transport, basic rights and obligations of citizens, powers and duties of state agencies, cadres, officers, newly promulgated legal documents.

2. The International treaties which the Socialist Republic of Vietnam is members, international agreements.

3. The consciousness on legal respect and legal compliance, consciousness on law protection, interest of legal compliance, pattern of good persons, good works in legal implementation.

Article 11. Form of law popularization and education

1. The press meeting, press releases.

2. Popularizing law directly; consulting, guiding of legal studying; supplying information, documents on law.

3. Via means of mass media, loudspeakers, internet, panels, posters, agitation drawings; published in the Official Gazettes; publishing legal information on the website; posting in head office, on notice board of agencies, Organizations, residential areas.

4. Organizing the law-studying competitions.

5. Through adjudicating work, handling administrative violations, receiving citizens, settlement complaints, denunciation of citizens and other activities of agencies in the state machine; through operation of legal assistance, mediation at grassroots.

6. Integrating in activities of culture, literature, activities of policy organizations ands unions, clubs, law bookcases and other cultural institutions at grassroots.

7. Through programs on legal educations in educational facilities of national education system.

8. Other forms of law popularization and education being suitable with each specific object that competent agencies, organizations and individuals may apply to ensure law popularization and education bring effectiveness.

Article 12. The press meeting, press releases on legal documents

1. The office of the President shall assume the prime responsibility for, and coordinate with Office of National Assembly, agency presiding over drafting, to organize a press meeting and issue press release relating to laws, ordinances, resolutions containing normative laws of National Assembly, The Standing committee of National Assembly after The State President have sign the order for announcement.

2. Monthly, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Officer of Government and agency presiding over drafting to issue press release relating to legal documents promulgated by the Government, the Prime Minister.

3. The content of press release state clearly the necessary, purposes of promulgation and major content of the legal documents.

Article 13. Publishing law information on the website

1. The following law information must be published on the website of Ministries, ministerial-level agencies, Governmental agencies, the Supreme People’s Court, the Supreme People’s Procuracy, State Audit, Central Committee of the Vietnamese Fatherland Front and central agencies of socio-political organizations, People’s Councils, People’s Committees at provincial level.

a) Legal documents relating to operation field of agencies, organizations;

b) Legal documents promulgated by agencies or coordinate-promulgated by agencies and organizations;

c) The administrative procedures relating directly to people, enterprises within their duties;

d) Drafts of legal document being published to get comments as prescribed by law.

2. In addition to information specified in clause 1 of this Article, agencies, organizations are encouraged to publish on their website other information regarding to activities of formulating and executing law, legal question and answer which is necessary for people.

Article 14.The law popularization and education on means of mass media

Vietnam Television, Voice of Vietnam, Vietnam News Agency, People Newspaper, newspaper of law-protecting agencies, newspaper and provincial radio and television stations set up programs, specialized papers, specialized items on law; diversify forms of law popularization and education to popularize provisions of laws, situation of law executing and other information about law.

Article 15. Consulting, guiding of legal studying; supplying information, documents on law

1. Agencies, organizations, individuals considering, settling cases of a citizen have responsibility for interpretation, supply on provisions of law that relating directly to the settling cases or guidance for searching on the national legal database as requested by such citizen.

2. The State has incentive policy for organizations consulting law, other organizations of legal service, training institutions and studying institutions specialized in law to implement consultancy, guidance legal studying, free supply of information, legal materials for people.

Article 16. Law popularization and education through adjudicating work, handling administrative violations, receiving citizens, settlement complaints, denunciation

1. People’s Court at levels through adjudicating activities at their head office, select suitable lawsuits having hight educational nature to organize itinerant adjudicating aiming to popularize, educate law for persons taking part in the court sessions and the people.

2. The competent agencies through handling administrative violations, receiving citizens, settlement complaints, denunciation, organizing dialogue with the people to combine with Law popularization and education.

SECTION 2. CONTENT, FORM OF LAW POPULARIZATION AND EDUCATION FOR SOME SPECIFIC SUBJECTS

Article 17. Law popularization and education for the persons in ethnic minority areas, mountainous and remote areas, border, coastal and island areas, areas with particularly difficult social-economic conditions and fishers.

1. Law popularization and education for the persons in ethnic minority areas, mountainous and remote areas, border, coastal and island areas, areas with particularly difficult social-economic conditions and fishers based on characteristics of each subjects to focus in provisions of law on national, religion, duty to take part in protection and preserving security, defence, borders, national sovereignty, sea, island, nature resources, minerals and other legal fields attaching to life, manufacture of such persons.

2. Law popularization and education for the persons in ethnic minority areas, mountainous and remote areas, border, coastal and island areas, areas with particularly difficult social-economic conditions and fishers is attached importance to perform through mediation at grassroots, itinerant legal aid, free consultancy and supply legal information, materials in ethnic languages for minorities; integrate law popularization and education in tradition cultural activities.

3. The State has policy to train, forter, assist persons working of law popularization and education, village elders, chiefs of hamlets, persons possessing reputation in the community of ethnic minorities to participate in law popularization and education in locailities, falcilitate for organizations, individuals to implement voluntary activities of law popularization and education woth respect to persons in ethnic minority areas, mountainous and remote areas, border, coastal and island areas, areas with particularly difficult social-economic conditions and fishers .

4. People’s Committees all levels organize law popularization and education for the persons in ethnic minority areas, mountainous and remote areas, border, coastal and island areas, areas with particularly difficult social-economic conditions and fishers; preside over, and coordinate with the Border guard, Public Security, Customs, Ranger, the marine police to organize law popularization and education for the persons in border areas, coastal and island.

Article 18. Law popularization and education for laborers in enterprises

1. Law popularization and education for laborers in enterprises shall focus in rights and obligations of laborers, employers, laws on employments, labour hygiene and safety, salary policy, social insurance, medical insurance, unemployment insurance, laws on Trade Union and other provisions of labor laws.

2. Law popularization and education for laborers in enterprises is attached importance to implement through direct popularization, posting legal provisions in the working place, law bookcases, law handbag, leaflets, integrating in activities of culture, literature.

3. The employers take responsibility for arranging time, ensuring necessary conditions for law popularization and education; coordinate with Trade union organizations to organize law popularization and education for employees in enterprises.

4. The Trade union organizations shall assume the prime responsibility for mobilizing employees to study, learn laws.

Article 19. Law popularization and education for victims of domestic violence

1. Law popularization and education for victims of domestic violence shall focus in provisions of laws on marriage and family, gender equality, domestic violence prevention, duty of the State and society in aid, protection victims of domestic violence.

2. Law popularization and education for victims of domestic violence is attached importance to implement through mediation at grassroots, itinerant legal aid, free legal consultancy, direct law popularization and education at the shelters, social aiding establishments, establishment aiding for victims of domestic violence.

3. People’s Committee of communes, wards and townships; the Vietnamese Fatherland Front and organizational members of the Fronts at grassroots are responsible for law popularization and education to subjects being victims of domestic violence, persons with acts of domestic violence; mobilizing organizations, individuals to aid funds for law popularization and education to these subjects.

4. The families are responsible for educating their members to implement provisions of law on domestic violence prevention, marriage and family, gender equality.

Article 20. Law popularization and education for disabled persons

1. The law popularization and education for disabled persons shall focus in provisions of laws on rights disabled persons; regime, policy of the State, duty of the State and society in facilitating, aiding them and other provisions of laws relating to disabled persons.

2. The law popularization and education for disabled persons is attached importance to implement by forms, methods, means, and documents being suitable with each type of disabled persons.

3. The State has policy to train, foster, assist persons working of law popularization and education for disabled persons; encourage organizations, individuals to aid funds for implementation of law popularization and education to disabled persons

4. The agencies of Labor - Invalid and Social help the People’s Committee at the same level to preside over, coordinate with organizations of disabled persons at levels, other agencies, organizations to implement law popularization and education to disabled persons.

Article 21. Law popularization and education for persons serving an imprisonment penalty, persons subject to the measure of consignment to reformatories, compulsory medical treatment establishments or education camps

1. The law popularization and education for persons serving an imprisonment penalty, persons subject to the measure of consignment to reformatories, compulsory medical treatment establishments or education camps shall, depend on each subjects, focus in provisions of law on rights and obligations of citizens, criminal laws, laws on execution of criminal judgments, handling administrative violations; laws on prevention of and fighting against drug and social vices.

2. The law popularization and education for persons serving an imprisonment penalty, persons subject to the measure of consignment to reformatories, compulsory medical treatment establishments or education camps is attached importance to implement through the program on cultural education, vocational training, reintegration into the community; popularizing information on curent event, policy; activities of club, groups of persons at the same level, same circumstance and other suitable forms.

3. The superintendents of the prison, principals of reformatories, directors of compulsory education camps and directors of compulsory medical treatment establishments are responsible for law popularization and education to inmates, persons subject to the measure of consignment to reformatories, compulsory medical treatment establishments or education camps.

Article 22. The law popularization and education for persons subject to the measure of education in a commune, ward or township, persons serving a suspended sentence.

1. The law popularization and education for persons subject to the measure of education in a commune, ward or township, persons serving a suspended sentence shall focus in provisions of law on rights and obligations of citizens, criminal laws, laws on execution of criminal judgments, handling administrative violations.

2. The law popularization and education for persons subject to the measure of education in a commune, ward or township, persons serving a suspended sentence is attached importance to implement through direct law popularization; activities of clubs and other suitable forms.

3. People’s Committees at commune level shall be responsible for coordination with concerned agencies, organizations, the community or residents and families of persons serving a suspended sentence to implement law popularization and education to these subjects.

SECTION 3. THE LEGAL EDUCATION IN EDUCATIONAL FACILITIES OF NATIONAL EDUCATION SYSTEM

Article 23. The content of legal education in educational facilities of national education system

1. The content of legal education in educational facilities of national education system is formulated to be suitable with each learning level and training level, educational objective, trained disciplines, to ensure the uniformity, synchronisation, commonish, basic, practical and systematic.

2. The content of legal education for each learning level and training level of national education system is stipulates as follows:

a) The content of legal education in preschool education and primary education program is integrated through the content of moral education, forming habits suitable to ethical standards of the society, consciousness of discipline, solidarity spirit, and self-conscious spirit in order to contribute to form legal consciousness.

b) The content of legal education in program on lower secondary education, upper secondary education includes equipping of fundamental knowledge on rights and obligations of citizens, exercising habits, consciousness of respecting and obeying law;

c) The content of legal education in program on Professional education, Undergraduate education includes equiping basic knowledge on State and Law, legal knowledge relating to trained disciplines.

Article 24. The form of legal education in educational facilities of national education system

1. The legal education as official study subject through integration in educational activities at the Early childhood education level; the ethical subject at the primary education, the subject on citizen education at the lower secondary education level, upper secondary education level; the subject on law , the general law, specialized- branch law at professional educational institutions, undergraduate educational institutions; subjects in other educational institutions of national education system.

2. The legal education as extracurricular education and educational activities beyond class hours.