Luật Thanh niên 2020 số 57/2020/QH14

YOUTH LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Youth Law.

Chapter I

GENERAL PROVISIONS

Article 1. The youth

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

Article 2. Scope

This Law provides for rights, obligations and responsibilities of the youth; youth policies of the State; responsibilities of organizations and regulatory bodies for the youth, other organizations, educational institutions, families and individuals towards the youth; and state management of the youth.

Article 3. Regulated entities

This Law is applicable to the youth; regulatory bodies, organizations, educational institutions, families and individuals.

Article 4. Roles, rights and obligations of the youth

1. The youth are a large pioneering and creative social force that leads the reform, development and protection of the Fatherland; and plays a crucial role in national industrialization and modernization, international integration and socialism advancement.

2. The youth shall have the rights and obligations of every citizen provided for in the Constitution and by the law.

Article 5. Rules of assurance of rights and obligations of the youth and implementation of youth policies of the State

1. Rights and obligations of the youth shall be recognized, respected, protected and ensured under the Constitution and the law.

2. The youth shall have equal rights and obligations regardless of their ethnicity, gender, social class, belief, religion, educational level and occupation.

3. The State, organizations, educational institutions, families and individuals shall enable the youth to exercise their rights and fulfill their obligations according to regulations in the Constitution and the law.

4. Youth policies of the State must ensure youth development; enable the youth to exercise their rights, fulfill their obligations and responsibilities and enhance their capacity; and be incorporated into sectoral and local policies.

5. Youth policies of the State must be formulated and implemented with the youth’s participation and due respect paid to and consideration taken of the youth’s opinions and wishes.

6. Enable overseas Vietnamese youth to participate in activities honoring the Fatherland and protecting and enhancing the national cultural identity.

7. Regulatory bodies, organizations and individuals failing to perform the tasks assigned in this Law shall be promptly and strictly handled.

Article 6. Resources for implementation of youth policies of the State

1. The State shall ensure resources for youth policy formulation and implementation as per the law.

2. Funding sources for youth policy implementation include state budget; donations, aid, sponsorship and other lawful contributions from domestic and foreign organizations, enterprises and individuals.

Article 7. National Vietnamese youth committee

1. National Vietnamese youth committee shall be an interdisciplinary organization in charge of advising the Prime Minister on youth affairs.

2. The Prime Minister has the power to stipulate duties and powers of the national Vietnamese youth committee.

Article 8. International cooperation on youth affairs

1. International cooperation on youth affairs must be carried out on the basis of equality, respect for independence, sovereignty and territorial integrity and compliance with the law of each country, conventions to which Vietnam is a signatory and international practices.

2. International cooperation on youth affairs shall focus on:

a) Participation in international organizations; conclusion and execution of international agreements and conventions on the youth; and international cooperation programs and projects on the youth;

b) Exchange of management experience, information and policies and laws concerning the youth;

c) Exchange between Vietnamese youth and the youth of other countries.

Article 9. Youth Month

1. March every year shall be the Youth Month. The Youth Month shall aim to enhance the pioneering, volunteer and creative spirit of the youth for the interest of the community and the society and encourage organizations and individuals to invest in the youth.

2. Ho Chi Minh Communist Youth Union shall take charge and cooperate with relevant regulatory bodies, organizations and individuals in organizing Youth Month activities.

3. The Government and local governments at all levels shall provide mechanisms, policies and resources for the Ho Chi Minh Communist Youth Union at the same level to organize Youth Month activities. Heads of regulatory bodies and organizations shall enable the youth to participate in Youth Month activities.

Article 10. Dialogues with the youth

1. The Prime Minister and Chairpersons of People’s Committees at all levels shall hold a dialogue with the youth at least once a year about matters concerning the youth; heads of regulatory bodies, organizations and people’s armed force units shall hold a dialogue with the youth at the request of the youth organizations provided for in this Law.

2. Persons in charge of holding dialogues with the youth mentioned in Clause 1 of this Article shall formulate plans and make preparations for such dialogues, and announce a dialogue on web portals/websites or post at the offices of their regulatory bodies, organizations or units no later than 30 days before the date on which the dialogue takes place; resolve intra vires propositions put forwards by the youth in dialogues or propose them to competent authorities for resolution.

3. Within 10 days from the date on which a dialogue takes place, the dialogue’s conclusion must be published on the web portal/website or posted at the office of the regulatory body, organization or unit and sent to relevant regulatory bodies, organizations and units; this deadline may be extended by 5 days if the dialogue has complicated contents that involve multiple areas.

4. The Government shall elaborate this Article.

Article 11. Adoption of conventions on children’s rights towards youths aged between full sixteen and eighteen years old

The State may adopt conventions on children’s rights to which Vietnam is a signatory towards youths aged between full sixteen and eighteen years old as appropriate to Vietnam’s situation.

Chapter II

RESPONSIBILITIES OF THE YOUTH

Article 12. Responsibilities towards Fatherland

1. Enhance the national traditions of Fatherland building and protection; pioneer the reform, building and protection of the Fatherland.

2. Readily protect the Fatherland, national independence, sovereignty and security, and territorial integrity; take on arduous tasks at the request of the Fatherland.

3. Fight against conspiracies and acts threatening national interest.

Article 13. Responsibilities towards the State and the society

1. Exemplify compliance with policies and laws, and fulfill civic duties.

2. Participate in assurance of public order, social safety, and national defense and security.

3. Proactively propose new ideas during policy and law formulation; participate in managing the State and the society.

4. Actively encourage people to abide by the Constitution and the law.

5. Build business operation models to create jobs; participate in environmental protection and activities for the community and the society.

6. Actively take care of, educate and protect children.

Article 14. Responsibilities towards families

1. Nurture family happiness; protect and enhance fined traditions of the Vietnamese family.

2. Show filial piety to grandparents and parents, and show respect to other family members; take care of and educate younger siblings and children.

3. Proactively fight against domestic violence, eradicate obsolete marriage and family customs.

Article 15. Responsibilities towards themselves

1. Nurture virtues, good character, civilized lifestyle and good conduct; fulfill civic duties, adhere to the law; fight against misconduct, social evils and activities against the law and social values.

2. Actively learn and enhance their qualifications, knowledge and skills; approach, research and apply science and technology in daily life.

3. Proactively research the labor market; choose suitable careers and jobs; foster sense of responsibility, labor discipline and professional conduct; make technical improvements and innovations to promote productivity.

4. Exercise, protect, maintain and enhance health, foster physical and mental development; acquire life knowledge and skills, skills in reproductive and sexual health maintenance, and skills in illness prevention; not abuse alcohol; limit tobacco use; not use drugs and other forbidden stimulants; and fight against bad influence from cyberspace.

5. Actively take part in beneficial sports and cultural movements and activities; protect and enhance the national cultural identity; and embrace the cultural essence of humanity.

Chapter III

YOUTH POLICIES OF THE STATE

Article 16. Learning and scientific research policies

1. Ensure equality in access to education and enable the youth to participate in scientific research.

2. Promulgate and ensure implementation of programs educating on national moral values, ideals and traditions, civilized lifestyle, life skills and regulatory compliance for the youth.

3. Provide policies on credit, scholarships and tuition exemption and reduction for the youth according to regulations of laws.

4. Enable the youth to learn, enhance their professional qualifications; creativity and ability to research and apply scientific and technological advances.

5. Provide incentives and assistance for organizations and individuals to invest in scientific research and innovation activities by the youth; participate in equipping the youth with life skills and other necessary skills.

Article 17. Labor and employment policies

1. Give career advice and guidance, and provide information on the labor market for the youth; equip the youth with professional skills and professional ethics; protect the youth from labor coercion and exploitation.

2. Enable the youth to have a job; create on-site jobs for the youth in rural areas, mountainous areas and islands as appropriate to the situation of each region and each development stage of the country.

3. Enable the youth to take out concessional loans from the national employment fund and other legal credit sources to create their own jobs and advance their business operation.

Article 18. Entrepreneurship policies

1. Equip the youth with entrepreneurship knowledge and skills.

2. Provide information on markets; assist with legal affairs, science and technology, investment promotion and workforce development; and grant concessional loans from credit institutions as per the law.

3. Facilitate entrepreneurship, innovation and application of science and technology by the youth.

4. Offer incentives and support for service providers to assist youth entrepreneurship; encourage establishment of a youth entrepreneurship fund according to regulations of laws.

Article 19. Health protection, care and enhancement policies

1. Give advice on and support youth health enhancement; prevention of domestic violence, school violence and sexual assault; drug and HIV/AIDS prevention; and prevention of sexually transmitted diseases, other social diseases and other risks to physical and mental health of the youth.

2. Ensure the youth have information and access to friendly reproductive and sexual health services; and receive pre-marital health check-up and advice.

3. Encourage organizations and individuals to invest in and provide healthcare services for the youth.

Article 20. Cultural and sports policies

1. Enable the youth to take part and be innovative in cultural and sports activities.

2. Enable the youth to actively protect and enhance national cultural values and embrace the cultural essence of humanity.

3. Raise awareness and protect the youth in cyberspace.

4. Encourage organizations and individuals to establish cultural and sports institutions for the youth.

Article 21. Fatherland protection policies

1. Ensure the youth are educated on national defense and security, patriotism, revolutionary heroism and sense of Fatherland building and protection.

2. Enable the youth to complete conscription; and compulsory service in the People's Public Security Force, militia and self-defense forces; join reserve forces and contribute to the all-people national defense and people’s national security as per the law.

3. The youth completing conscription and compulsory service in the People's Public Security Force are entitled to vocational training assistance and other incentive policies according to regulations of laws.

Article 22. Policies for youth pioneers

1. Youth pioneers are the youth’s pioneering force in tasks of socio-economic development, employment, education and training for the youth and other ad hoc, urgent and arduous tasks in the building and protection of the Fatherland.

2. The State shall promulgate policies for youth pioneers to perform the following tasks:

a) Participate in socio-economic development projects assigned by the State;

b) Participate in disaster and epidemic recovery; environmental protection; assurance of public order, social safety, and national defense and security;

c) Take part in goods manufacturing, service provision, transfer of technological advances in manufacturing and vocational training in connection with job creation for the youth;

d) Ad hoc, urgent and arduous tasks per the law.

3. The State shall ensure funding, facilities and equipment necessary for youth pioneer organizations to complete tasks assigned by the State.

4. Youth pioneers are entitled to benefits during and after performing assigned tasks.

5. The Government shall elaborate this Article.

Article 23. Policies for youth volunteers

1. Youth volunteers are the youth voluntarily taking part in activities for the community and society that comply with regulations of laws.

2. Policies for youth volunteers promulgated by the State shall focus on:

a) Establishing information channels for the youth to access and join volunteer activities;

b) Developing programs and projects enabling youth volunteers to work in areas with extreme socio-economic difficulties, in border areas and on islands;

c) Encouraging organizations and individuals to enable the youth to take part in volunteer activities for the community and society.

3. The Government shall elaborate this Article.

Article 24. Policies for talent youth

1. The State shall implement policies on detection, training, attraction, employment and benefits for talent youth.

2. Heads of regulatory bodies and organizations shall implement talent youth policies ex officio.

Article 25. Policies for ethnic minority youth

1. Give priority in terms of education, labor, employment, entrepreneurship, healthcare and sports to ethnic minority youth.

2. Enable ethnic minority youth to protect and enhance their cultural identities, lead a civilized lifestyle and fight against obsolete customs.

3. Prioritize officials and public employees being ethnic minority youth of state bodies, organizations and units when selecting officials and public employees for training and adding to leadership and management planning.

4. Encourage enterprises and organizations to prioritize employment of ethnic minority youth.

Article 26 11. Policies for youths aged between full sixteen and eighteen years old

1. Ensure these youths complete universalization of education as per the law.

2. Prioritize and enable these youths to participate in cultural, sports and recreation activities suitable for their capacity and age for comprehensive development.

3. Provide training and career advice appropriate to their age.

4. Equip these youths with knowledge and skills necessary to protect themselves against risks to physical and mental health; ensure assistance and intervention measures for youths aged between full sixteen and eighteen years old to enjoy a safe and healthy life.

5. Ensure criminal, administrative and civil policies are implemented as prescribed by law.

6. Prioritize quick resolution of cases causing harm to physical and mental health of youths aged between full sixteen and eighteen years old.

7. Encourage organizations and individuals to detect and nurture talented youths aged between full sixteen and eighteen years old.

8. The Government shall stipulate mechanisms, policies and measures for implementation of policies for youths aged between full sixteen and eighteen years old.

Chapter IV

RESPONSIBILITIES OF YOUTH ORGANIZATIONS

Article 27. Youth organizations

1. Youth organizations include the Ho Chi Minh Communist Youth Union, Vietnam Youth Federation, Vietnam National Union of Students and other youth organizations established, organized and operating under the law.

2. The roles of youth organizations are to assemble the youths, take care of and protect legitimate rights and interest of the youth on their behalf; enhance the youth’s role in the building and protection of the Fatherland.

3. Youth organizations shall find out and propose the youth’s needs and wishes to competent authorities and organizations; cooperate with youth authorities and relevant regulatory bodies in disseminating and implementing youth policies; organize movements for the community, the society and Fatherland building and protection.

Article 28. Ho Chi Minh Communist Youth Union

1. Ho Chi Minh Communist Youth Union is a socio-political organization of Vietnamese youth that acts as the core of youth movements and youth organizations; provides guidelines for activities of early adolescents and pre-adolescents and takes charge of the Ho Chi Minh Young Pioneer Organization.

2. Ho Chi Minh Communist Youth Union shall supervise implementation of youth policies and laws and provide social criticism for such policies and laws as prescribed by law; consolidate and submit opinions and propositions from the youth to competent regulatory bodies and organizations.

3. Ho Chi Minh Communist Youth Union shall participate and cooperate with relevant regulatory bodies in formulation, dissemination and implementation of youth policies and laws.

4. Ho Chi Minh Communist Youth Union shall take charge of foreign affairs concerning the youth.

Article 29. Vietnam Youth Federation and Vietnam National Union of Students

1. Vietnam Youth Federation is a large-scale social organization of Vietnamese youth and a youth organization that aims to assemble all Vietnamese youth for the building and protection of the Fatherland.

2. Vietnam National Union of Students is a social organization of Vietnamese youth that aims to assemble Vietnamese students for learning, training and contributing to the Fatherland.

3. Vietnam Youth Federation and Vietnam National Union of Students shall cooperate with the Ho Chi Minh Communist Youth Union in supervising implementation of youth policies and laws and providing social criticism for such policies and laws as prescribed by law.

Article 30. State policies for youth organizations

1. Enable youth organizations to take part in formulation and implementation of youth policies and laws.

2. Ensure conditions necessary for youth organizations to complete tasks assigned by the State.

3. Support and enable youth organizations to mobilize youth participants in socio-economic development programs and projects and other programs and projects.

4. State bodies, organizations and units shall enable the Ho Chi Minh Communist Youth Union to organize supervision and social criticism provision in formulation and implementation of youth policies and laws.

Chapter V

RESPONSIBILITIES OF VIETNAM FATHERLAND FRONT, SOCIAL ORGANIZATIONS, BUSINESS ENTITIES, EDUCATIONAL INSTITUTIONS AND FAMILIES

Article 31. Responsibilities of Vietnam Fatherland Front

1. Formulate plans and programs unifying activities of the Vietnam Fatherland Front concerning youth assemble, solidarity and development.

2. Cooperate with the Ho Chi Minh Communist Youth Union and other Vietnam Fatherland Front members in launching programs supervising and providing social criticism for implementation of youth policies and laws and youth affairs.

3. Mobilize Vietnam Fatherland Front members to take care of the youth and protect legitimate rights and interest of the youth.

Article 32. Responsibilities of social organizations

1. Mobilize their members to enable the youth to learn, work, participate in cultural, sports and physical and mental development activities; enhance their moral values, national traditions, civic sense; and lead the innovation journey and protection of the Fatherland.

2. Cooperate with youth authorities in formulation and implementation of youth policies and laws.

3. Cooperate with youth organizations in taking care of the youth and protecting legitimate rights and interest of the youth.

4. Provide resources as per the law and social organization charters for youth development.

Article 33. Responsibilities of business entities

1. Ensure working youths have safe working environment and conditions; and adequate knowledge and information on occupational safety and hygiene.

2. Look after the daily life of working youths; enable working youths to learn, take part in cultural and sports activities and access healthcare.

3. Facilitate the establishment and operation of the Ho Chi Minh Communist Youth Union and Vietnam Youth Federation.

4. Encourage and support youth entrepreneurship; vocational, professional and life skill training; and investment in cultural and sports facilities for the youth.

Article 34. Responsibilities of educational institutions

1. Educate the youth on healthy lifestyle, moral values and traditions.

2. Create a safe, friendly and healthy educational environment; take measures against school violence and sexual assault for the youth.

3. Enhance creativity in learning and scientific research; promote self-learning capacity and practice skills; give career advice to the youth.

4. Offer counseling on social and psychological issues in school settings; equip the youth with life skills, knowledge on healthcare, reproductive health, sexual health and genders, and skills in school-age illness and social evil prevention.

5. Enable the youth to participate in cultural, sports and recreational activities and other extracurricular activities.

6. Facilitate the establishment and operation of the Ho Chi Minh Communist Youth Union and Vietnam National Union of Students.

Article 35. Responsibilities of families

1. Respect and hear opinions and wishes of the youth; look after, educate, encourage and enable the youth to exercise their rights and fulfill their obligations and responsibilities as prescribed by law.

2. Respect the youth’s rights in marriage and family; education on sex and gender equality, and necessary knowledge about marriage and family.

3. Raise the youth to be well developed in terms of physique, mentality, intelligence, moral values and personality; lead a healthy lifestyle, and become good children to their families and good citizens to the society.

4. Equip the youth with life skills, attitude to work and labor discipline; respect and facilitate the youth’s career choice and job search.

5. Enable the youth to access safe information sources and protect the youth in cyberspace.

Chapter VI

STATE MANAGEMENT OF THE YOUTH

Article 36. Contents of state management of the youth

1. Promulgate or propose legislative documents on the youth to competent authorities for promulgation and implementation; stipulate measures for implementation of youth policies.

2. Formulate strategies, policies, programs and plans for youth development and organize implementation thereof.

3. Comply with regulations on statistics and reporting on youth situation and implementation of youth policies and laws.

4. Develop officials and public employees in charge of state management of the youth.

5. Disseminate policies and laws on the youth.

6. Inspect and handle violations, complaints, denunciations and propositions; organize preliminary summary, overall summary, emulation and rewarding for implementation of youth policies and laws.

7. Carry out international cooperation on youth affairs.

8. Promulgate incentive policies to encourage organizations and individuals to implement youth policies.

Article 37. Responsibilities of the Government

The Government shall exercise unified state management of the youth and have the following responsibilities:

1. Ensure effect and efficiency of performance of the tasks of state management of the youth;

2. Ensure mechanisms and measures for cooperation between Ministries, Ministerial-level agencies, Governmental agencies, local governments and relevant regulatory bodies and organizations in formulation and implementation of youth policies and laws;

3. Ensure development and achievement of youth development objectives and targets in national and sectoral long-term, mid-term and annual socio-economic development plans, programs and strategies;

4. Report results of youth policy and law implementation at the request of the National Assembly.

Article 38. Responsibilities of Ministry of Home Affairs

Ministry of Home Affairs shall answer to the Government for state management of the youth and have the following responsibilities:

1. Promulgate intra vires or propose youth policies and laws; and youth development plans, programs and strategies to competent authorities for promulgation;

2. Propose that youth development policies, objectives and targets be added to sectoral socio-economic development plans, programs, strategies and policies. Provide guidelines on incorporating statistical indicators for Vietnamese youth into ministerial indicator systems for ministries;

3. Provide guidelines on state management of the youth for Ministries, ministerial-level agencies and provincial People's Committees; and training and refresher courses for officials and public employees in charge of state management of the youth;

4. Take charge and cooperate with relevant regulatory bodies in managing, using and publishing data on the youth and youth development index;

5. Take charge and cooperate with Ministries, Ministerial-level agencies, Governmental agencies and Central Committee of Ho Chi Minh Communist Youth Union in formulation and implementation of youth policies and laws;

6. Inspect and handle violations, complaints, denunciations and propositions; organize preliminary summary, overall summary, emulation and rewarding; handle violations against regulations on implementation of  youth policies and laws intra vires or request competent regulatory bodies, organizations and individuals to handle such violations;

7. Submit annual reports on results of implementation of youth policies and laws and state management of youth to the Government;

8. Take charge and cooperate with relevant regulatory bodies in managing international cooperation on youth affairs as per the law.

Article 39. Responsibilities of Ministries and Ministerial-level agencies

Ministries and ministerial-level agencies shall cooperate with the Ministry of Home Affairs in exercising state management of the youth ex officio and have the following responsibilities:

1. Promulgate policies and mechanisms enabling the youth to participate in sectoral development programs;

2. Add youth development policies, objectives and targets to sectoral socio-economic development plans, programs, strategies and policies; incorporate statistical indicators for Vietnamese youth into ministerial indicator systems;

3. Provide guidelines on implementation of youth policies and laws under state management of their respective sectors for provincial People's Committees;

4. Submit annual reports on implementation of youth policies and laws concerning their sectors to the Ministry of Home Affairs for consolidation and reporting to the Government.

Article 40. Responsibilities of provincial People's Councils and People’s Committees

1. Ex officio responsibilities of provincial People’s Councils include:

a) Promulgate resolutions on youth development in their provinces to implement youth policies and laws of the State;

b) Decide youth development targets and objectives in provincial socio-economic development resolutions of each year and each period;

c) Decide budget estimate allocated to implementation of youth development policies, laws, strategies, programs and plans in their provinces;

d) Supervise implementation of youth policies and laws in their provinces;

dd) Decide payroll of bodies assigned state management of the youth.

2. Provincial People’s Committees shall exercise state management of the youth ex officio and have the following responsibilities:

a) Organize implementation of youth development policies, laws, strategies, programs and plans in their provinces;

b) Incorporate youth development targets and objectives into provincial socio-economic development plans and programs of each year and each period;

c) Develop officials and public employees in charge of state management of the youth;

d) Ensure legitimate rights and interest of the youth upon investment in educational institutions, healthcare establishments, health consultancies, and cultural and sports establishments;

dd) Manage, use and publish statistical data on the youth and youth development index of their provinces;

e) Comply with statistical requirements, and submit annual reports on results of implementation of youth policies and laws to the Ministry of Home Affairs for consolidation and reporting to the Government;

g) Inspect and handle violations, complaints, denunciations and propositions concerning the youth;

h) Provide directions and guidelines for state management of the youth for inferior People's Committees.

Chapter VII

IMPLEMENTATION CLAUSE

Article 41. Effect

1. This Law takes effect from January 01, 2021.

2. The Youth Law No. 53/2005/QH11 is annulled from the date on which this Law takes effect.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 9th session, on June 16, 2020.