Luật Thanh niên 2005 số 53/2005/QH11

YOUTH LAW

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the X^th National Assembly, the 10^th session;
This Law provides for the youth.

Chapter I

GENERAL PROVISIONS

Article 1.- Youths

Youths provided for in this Law are Vietnamese citizens aged between full sixteen and thirty years.

Article 2.- Governing scope and subjects of application

1. This Law provides the rights and obligations of the youth, the responsibilities of the State, family and society toward the youth; and youth organizations.

2. This Law shall apply to state agencies, political organizations, socio-political organizations, professional-socio-political organizations, social organizations, socio-professional organizations, economic organizations, non-business units, people’s armed force units and Vietnamese citizens (hereinafter called agencies, organizations, individuals).

3. Foreign agencies, organizations and individuals, overseas Vietnamese conducting in the Vietnamese territory activities related to Vietnamese youth shall also comply with the provisions of this Law; in cases where international treaties to which the Socialist Republic of Vietnam is a contracting party otherwise provide for, the provisions of such international treaties shall apply.

Article 3.- Rights and obligations of the youth

1. The youth shall have the rights and obligations of citizens under the provisions of the Constitution and the rights and obligations under the provisions of this Law.

2. Youths, regardless of their nationality, gender, social class, belief, religion, educational level and occupation, shall all be respected and equal in rights and obligations.

Article 4.- Responsibilities of the State, the family and the society toward the youth

1. The youth constitutes the future of the country, a powerful social force, possesses great potentials and plays a pioneering role in the cause of building and defending the Fatherland. Training, fostering and promoting the youth rest with the State, family and society.

2. The State shall adopt policies to create conditions for youths to study, labor, recreate and entertain, develop their physical strength and intellect, to foster in morality, national traditions, civil consciousness and the will to advance forward for the objective of a prosperous people, a strong country and a just, democratic and civilized society.

3. Agencies, organizations, families and individuals shall have to actively contribute to caring for, training, fostering and promoting the role of the youth.

Article 5.- State management over youth work

1. The state management over youth work covers the following contents:

a/ Promulgating, and organizing the implementation of, legal documents, strategies, policies and programs on development of the youth and youth work;

b/ Training, fostering, building up a contingent of cadres performing youth work;

c/ Inspecting, examining and settling complaints and denunciations and handling violations in the implementation of policies and law on the youth and youth work;

d/ Managing international cooperation on youth work.

2. The responsibility for state management over youth work is provided for as follows:

a/ The Government shall exercise the uniform state management over youth work;

b/ Ministries and ministerial-level agencies shall perform the function of state management over youth work under the Government's assignment;

c/ People’s Committees at all levels shall perform the state management over youth work in their respective localities as decentralized by the Government.

Article 6.- The National Committee for Vietnamese Youth

The National Committee for Vietnamese Youth is a body advising the Prime Minister on youth work. The organization and operation of the National Committee for Vietnamese Youth shall be stipulated by the Prime Minister.

Article 7.- International cooperation on youth work

1. International cooperation on youth work with countries and international organizations shall be based on the principles of equality, respect for each other's sovereignty, compatibility with the law of each country and international practices.

2. The international cooperation on youth work shall cover the following contents:

a/ Formulation and implementation of programs, projects for international cooperation on youth work;

b/ Participation in international organizations, conclusion of or accession to and implementation of treaties on youth work;

c/ Youth meets; exchange of information and experience on youth work.

Article 8.- Prohibited acts

1. Youths are strictly forbidden from performing the following acts:

a/ Illegally transporting, buying, selling, storing and/or using narcotics;

b/ Being engaged in prostitution, gambling and other social vices;

c/ Buying, selling, exchanging, storing and/or using cultural products containing harmful contents;

d/ Causing public disorder.

2. Organizations and individuals are strictly forbidden from enticing, dragging or forcing youths into performing the acts specified in Clause 1 of this Article.

Chapter II

RIGHTS AND OBLIGATIONS OF THE YOUTH

Article 9.- Rights and obligations of the youth in learning

1. To be entitled to learning and equal in learning opportunities.

2. To actively study in order to complete the universal education program and further their study at higher levels; to regularly study to raise their educational levels and professional qualifications; to participate in building a cultured environment at schools; to be honest in study.

3. To take the pioneering role in educational and training development programs, building a learning society.

Article 10.- Rights and obligations of the youth in labor

1. To labor in order to make a living, build up their career, to get rich lawfully, contribute to national construction.

2. To actively access labor market information; to choose jobs and working places suitable to their respective capabilities and the society's requirements.

3. To train themselves to acquire an industrial working style, managerial capability, business, observance of labor discipline; to make innovations and technical improvements; to raise their professional qualifications to meet the requirements of scientific and technological development.

4. To play a pioneering role in implementing socio-economic development programs in regions hit by socio-economic difficulties or exceptional socio-economic difficulties.

Article 11.- Rights and obligations of the youth in defending the Fatherland

1. To defend the Fatherland, which is the sacred duty and noble right of the youth.

2. To be trained in defense education programs; to fulfill the military service obligations or join the armed forces according to the provisions of law.

3. To participate in building the all-the-people defense, keep national secrets, to take the lead in combating all acts of infringing upon national security and social order and safety.

Article 12.- Rights and obligations of the youth in scientific and technological activities and protection of natural resources and environment

1. To conduct scientific and technological research, to apply technical advances to production and daily life.

2. To be honest and cooperative in scientific and technological research.

3. To participate in environmental protection, rational use of natural resources; to combat acts of destroying natural resources and environment.

Article 13.- Rights and obligations of the youth in cultural, art, recreation and entertainment activities

1. To participate in healthy cultural, art, entertainment and recreation activities.

2. To constantly temper themselves in morality, cultured manners and behaviors; to adopt a civilized lifestyle.

3. To preserve and promote the national cultural identity, protect cultural heritages; actively participate in building the community-based cultural life.

Article 14.- Rights and obligations of the youth in health protection, physical training and sport activities

1. To have their health protected and cared for, to be guided in improving their health and skills to lead a healthy life and prevent ailments.

2. To be given care in physical development; to actively participate in physical training and sport activities as well as physical exercise.

3. To prevent and combat HIV/AIDS; to prevent and combat narcotics and other social vices.

Article 15.- Rights and obligations of the youth in marriage and family

1. To be provided with knowledge about marriage and family, to practice voluntary, progressive and monogamous marriage, husband-and-wife equality, building happy families.

2. To preserve and bring into play the fine traditions of Vietnamese family; to respect grandparents, parents and the elderly; to care for, educate children and siblings in families.

3. To be exemplary in observing the law on marriage and family, population and family planning.

Article 16.- Rights and obligations of the youth in management of the State and society

1. To heighten their civil consciousness and sense of law observance, contributing to building a law-ruled socialist state of the people, by the people and for the people.

2. To stand as candidates, to be nominated to the National Assembly and People's Councils at all levels under the provisions of law; to express their opinions, aspirations and proposals to agencies, organizations on issues of their concern; to contribute opinions on the formulation of policies and laws concerning the youth, and other policies and laws.

3. To participate in propagation among and mobilization of people into materializing state policies and laws.

Chapter III

RESPONSIBILITIES OF THE STATE, FAMILY AND SOCIETY TOWARDS THE YOUTH

Article 17.- In study and scientific and technological activities

1. The state shall adopt policies to create conditions for youths to complete the universal education programs, to learn jobs and to have opportunities to further their study at higher levels; to exempt or reduce tuition fees, to grant scholarships, to provide credit loans for youths to study; to provide textbooks and material support for poor youths to complete the universal education program; to create conditions for youths to participate in scientific and technological activities, to apply technical advances to production and life, to provide supports for materialization of innovative ideas in scientific and technological activities; to encourage contributions of organizations and individuals to assist youths in their study and scientific research.

2. Schools shall have to achieve the objectives of allsided moral, intellectual, physical and aesthetic education; vocational education, raising of self-study capability, practicing skills and scientific methods of thinking for youths.

3. Families shall have to care for youths in their study, completion of the universal education program, development of talents; to coordinate with schools in educating youths for proper learning attitude, training them in learning styles and providing job orientation for youths.

Article 18.- In labor

1. The State shall adopt policies to encourage organizations and individuals to create jobs for youths; provide tax, credit and land preferences for development of vocational education to meet the youths’ diversified demands for job learning; develop systems of consultancy service establishments to help youths approach the labor market; prioritize job training and employment for rural youths, demobilized youths, youth volunteers after the fulfillment of their tasks of implementing socio-economic development programs and/or projects. Poor youths shall be entitled to borrow capital from the national fund for job creation, funds for hunger elimination and poverty reduction, preferential credit capital for development of production, business and/or services and self-employment.

2. The State shall adopt mechanisms and policies for youth organizations to mobilize youths for implementation of socio-economic development programs or projects in regions facing difficult socio-economic conditions or particularly difficult socio-economic conditions as well as other programs and projects so that youths shall have conditions to advance, train themselves, earn a living and build up their careers.

3. The State shall adopt tax, credit and land preference policies to encourage enterprises to provide lodgings for their young laborers, organizations and individuals to build houses for lease or sale to youths by mode of installment payment within reasonable time limits and at reasonable prices at places where young laborers are concentrated.

4. Families shall have to educate youths in the sense of labor, respect their choices of occupations and jobs; create conditions for youths to be employed.

Article 19.- In defense of the Fatherland

1. The State shall have to ensure that youths are educated, fostered in defense knowledge, tradition of patriotism, and a sense of building and defending the socialist Fatherland.

2. Agencies, organizations and individuals shall, within the ambit of their functions, and families shall have to mobilize, educate and create conditions for youths to complete the common military training programs, to fulfill their military service obligations, to act as mobilized reserve armymen and join self-defense and militia forces according to the provisions of law.

Article 20.- In cultural, art, entertainment and recreation activities

1. The State shall adopt policies to develop and encourage organizations and individuals to invest in or build cultural, art, recreation and entertainment establishments, satisfying the youths' cultural and spiritual demands; support youths in cultural and artistic creation activities; create conditions for youths to preserve and promote national cultural values and absorb cultural quintessence of mankind.

2. People's Committees at all levels shall have to build cultural, art, entertainment and recreation establishments for youths.

They must not use cultural, art, entertainment and recreation establishments for youths for other purposes, to the prejudice of the youth's interests.

3. Families shall have to educate youths in personality, cultured lifestyle, and guide them in preventing and combating social evils.

Article 21.- In health protection and physical training and sport activities

1. The State shall adopt policies to invest in, and encourage organizations and individuals to build, medical establishments, physical training and sport establishments; raise the quality of health care for the youths, provide consultancy on nutrition, mental health, reproductive health, living skills, prevent and combat narcotics, HIV/AIDS, to prevent sexually transmitted diseases, and other social diseases for youths.

2. Families shall have to care for health improvement and physical development for youths, encourage youths to take part in physical exercise and sports and a hygienic and healthy way of living.

3. Youth organizations shall have to mobilize youths not to become alcoholic, to get drunk, not to smoke.

Article 22.- In marriage and family

1. Families shall have to respect the youths' rights in marriage and family; educate them in friendship, love and necessary skills to organize their family life.

2. The State shall adopt policies to encourage organizations and individuals to participate in developing activities of consoling youths on love, marriage, family and family planning.

3. The Ho Chi Minh Communist Youth Union and other youth organizations shall coordinate with schools and families in mobilizing and agitating youths to practice progressive marriage and build happy families.

Article 23.- In participation in management of the State and society

1. The State shall adopt policies to plan, train, foster and employ youths with a view to building a contingent of young managers and leaders; create conditions for youths to participate in the management of the State and society.

2. Agencies and organizations, before deciding on undertakings or policies concerning youth, shall have to gather opinions of youths or youth organizations.

3. The Ho Chi Minh Communist Youth Union and other youth organizations shall have to study the demands and aspirations of youths so as to propose state bodies to settle them, create conditions for youths to develop.

Article 24.- State policies towards ethnic minority youths

1. To raise the quality of education at general education boarding schools and semi-boarding schools for ethnic minority pupils, pre-university schools; to implement the policy of enrolment through nomination, ensuring the right subjects and meeting the requirements of training disciplines; to exempt or reduce tuition fees, to provide textbooks and other preference policies under the provisions of law in order to create conditions for ethnic minority youths in regions facing difficult socio-economic conditions to have opportunity to learn and approach information.

2. To encourage and support ethnic minority youths to preserve and promote the national cultural identity, build up a civilized way of living, struggle against backward customs and practices.

3. To prioritize job training, employment and provision of loans for production development, application of technical advances to production and life, to bring into full play ethnic minority youths' dynamism in productive labor, raising the quality of life.

4. To train, foster outstanding ethnic minority youths in order to create sources of managerial and leading cadres.

Article 25.- State policies towards youth volunteers

1. The State shall adopt mechanisms and policies to bring into play the leading role of youth volunteer force in implementing socio-economic development programs and/or projects in difficult regions or domains, and urgent tasks of the State; ensure conditions for the youth volunteer force to fulfill the assigned tasks.

2. The State shall implement the following policies towards cadres and members of the youth volunteer brigade:

a/ To exempt them from public labor; to temporarily postpone their enlistment in the army during peacetime when they are performing tasks in regions facing difficult or particularly difficult socio-economic conditions;

b/ To be recognized as war martyrs, enjoy policies like war invalids in cases where they get killed or wounded while performing their tasks as provided for by law;

c/ To create conditions for them to raise their educational and professional levels, to participate in cultural, art, entertainment and recreation, physical training and sport activities, health protection; to prioritize the employment of youth volunteers after they have fulfilled their tasks.

Article 26.- State policies towards talented youths

1. The State shall adopt mechanisms and policies to discover, train, foster and employ gifted youths, youths recording outstanding achievements in study, scientific and technological activities, labor, production, business, management, security, defense, culture, art, physical training and sports to become talented persons.

2. To honor and create conditions for talented youths to develop and work in order to promote their capabilities to contribute to the country.

Article 27.- State policies towards youths with handicaps or disabilities, youths living with HIV/AIDS, youths following drug rehabilitation or reformation

1. The State shall adopt policies so that youths with handicaps or disabilities can have schooling, job training, be given proper jobs, enjoy healthcare services; to enjoy exemption or reduction of tuition fees at public educational establishments; to enjoy exemption or reduction of hospital charges for medical examination and treatment at state-run health establishments; to participate in social, cultural and sport activities.

2. Youths living with HIV/AIDS and youths following drug rehabilitation or reformation shall be given conditions for medical treatment, health care and rehabilitation, schooling, job-training, employment, getting rid of their inferiority complex to integrate into the community.

Youths living with HIV/AIDS who have no one to rely on or whose families have no conditions to take care of them shall be cared for at establishments set up by the State, organizations or individuals under the provisions of law.

3. To encourage agencies, organizations, families and individuals to take part in caring for and assisting youths with handicaps or disabilities, youths living with HIV/AIDS and youths following drug rehabilitation or reformation to integrate into the community.

Chapter IV

RESPONSIBILITIES OF THE STATE, FAMILY AND SOCIETY IN PROTECTING, FOSTERING YOUTHS AGED BETWEEN FULL SIXTEEN AND UNDER EIGHTEEN YEARS

Article 28.- Responsibilities of the State:

1. To adopt policies to ensure that youths aged between full sixteen and under eighteen years to complete the universal education program; to create conditions for them to have job training, to select jobs, to take part in entertainment, recreation, cultural, art, physical training and sport activities suitable to their capabilities and age groups; to exempt or reduce charges for visits to museums, historical, cultural and revolutionary relics.

2 To protect youths aged between full sixteen and under eighteen years from sexual abuse and labor exploitation.

3. To guarantee the implementation of penal, administrative and civil policies towards youths aged between full sixteen and under eighteen years in accordance with the provisions of law with a view to protecting and creating favorable conditions for them to develop healthily.

Article 29.- Responsibilities of family

1. To care for, protect, foster and create conditions for youths aged between full sixteen and under eighteen years to complete the universal education program, to have job training, vocational education, to participate in entertainment, recreation, cultural, art, physical training and sport activities suitable to their age groups.

2. Parents and other adult members in families shall have to build abundant, happy, equal and progressive families, creating a healthy environment for the allsided personality development of youths aged between full sixteen and under eighteen years.

3. To manage and educate youths aged between full sixteen and under eighteen years so that they do not drop out of school at their own will, do not leave the families and lead a street life, do not smoke cigarettes, drink alcohol and beverages of alcoholic content of 14% or higher; to prevent and combat social vices and not to break law.

Article 30.- Responsibilities of schools

1. To build a healthy educational environment, creating conditions for youths aged between full sixteen and under eighteen years to have passion for learning, for knowledge, to actively train themselves in morality and way of living.

2. To raise the quality of programs on physical and aesthetic education; to provide guidance on health care, productive health, friendship, love, skills to prevent school diseases and social vices for youths aged between full sixteen and under eighteen years.

3. To coordinate with agencies, organizations and families in creating conditions for pupils to participate in cultural, sport, entertainment, recreation and other extracurricular activities.

Article 31.- Application of the UN Convention on the Rights of the Child to the youths aged between full sixteen and under eighteen years

The State shall implement the UN Convention on the Rights of the Child, which the Socialist Republic of Vietnam has ratified for application to the youths aged between full sixteen and under eighteen years suitable to Vietnamese conditions.

Chapter V

YOUTH ORGANIZATIONS

Article 32.- Youth organizations

1. Youth organizations are voluntary organizations of youths, aiming to unite, rally youths and protect their legitimate rights and interests; to promote the youths’ role in building and defending the socialist Vietnamese Fatherland.

2. Youth organizations include the Ho Chi Minh Communist Youth Union, Vietnam Youth League, Vietnam Students' Association and other youth organizations, which are organized and operate according to their charters and within the framework of the Constitution and law.

Article 33.- The Ho Chi Minh Communist Youth Union

The Ho Chi Minh Communist Youth Union is a socio-political organization of Vietnamese youths, playing the core role in youth movements; organizes and guides activities of young pioneers, children, taking charge of the Ho Chi Minh Pioneers Brigade.

Article 34.- Vietnam Youth Leage

Vietnam Youth Leage is a broad social organization of the youth and youth organizations, which aims to rally Vietnamese youths of all strata to strive for the cause of building and defending the socialist Vietnamese Fatherland, protecting the legitimate rights and interests of youths.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 35.- Implementation effect

This Law shall take effect as from July 1, 2006.

Article 36.- Implementation guidance

The Government shall detail and guide the implementation of this Law.

This Law was passed on November 29, 2005, by the XI^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.