Chương 4 Nghị định 104/2003/NĐ-CP Hướng dẫn Pháp lệnh Dân số: Trách nhiệm của các cơ quan quản lý nhà nước và các tổ chức

Chapter IV

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES AND ORGANIZATIONS

Article 29.- Responsibilities of the ministries, ministerial-level agencies, Government-attached agencies

1. The ministries, ministerial-level agencies and Government-attached agencies shall have to organize the implementation of the population work in their agencies and organizational systems in appropriate forms; promulgate internal regulations, statutes or other forms to achieve the population policy objectives.

2. The Committee for Population, Family and Children:

a) To submit to the Government or the Prime Minister for promulgation or to promulgate according to its competence legal documents on population and organize the implementation thereof nationwide.

b) To elaborate, organize and direct the implementation of, strategies, programs, plans, annual and long-term budget estimates and guide the implementation of the population work.

c) To organize and coordinate the implementation of population work among State agencies, associations, organizations and individuals participating therein.

d) To mobilize, manage and use resources for the implementation of population work according to its competence.

e) To organize and manage the work of gathering, processing, exploiting and storing information and data on population.

f) To organize and manage the work of training, fostering officials and employees involved in the population work.

g) To organize and manage the scientific research and application as well as technological transfer in the field of population.

h) To organize, manage and implement the propagation, dissemination of, and mobilize people to observe, the legislation on population.

i) To effect international cooperation in the field of population.

j) To manage service organizations operating in the field of population.

k) To examine, inspect the observance of the legal documents on population; to settle complaints and denunciations, and handle violations of the legislation on population according to the provisions of law.

l) To assume the prime responsibility for, and coordinate with the Health Ministry in, guiding forms of provided services on non-clinical contraception; ensure the quantity, quality and categories of contraceptive means; to regulate in time contraceptives and meet demands of agencies and organizations which provide family planning services.

3. The Ministry of Planning and Investment shall guide other ministries, branches and provincial/municipal People’s Committees in incorporating the population elements into the socio-economic development planning and plans of ministries, branches and localities; synthesize annual and long-term plans; mobilize sources of domestic capital, aid capital, foreign loan capital and other capital sources for the population work.

4. The Finance Ministry shall propose policies and mechanisms to mobilize investment capital sources for the population work; balance funding sources; guide and examine the use of funding for the implementation of the population work.

5. The Health Ministry shall prescribe the norms on productive healthcare and family planning; guide the criteria on equipment and material conditions necessary for types of organizations providing productive healthcare and family planning services; ensure the system of providing clinical contraceptive services as well as services on reproductive healthcare, pre-marriage registration health checks and examination of health and hereditary diseases; assume the prime responsibility and coordinate with the Committee for Population, Family and Children in training technicians and professionals, investing equipment and facilities and building material foundations at all service lines, ensuring convenience, safety and quality of services provided directly to people.

6. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Committee for Population, Family and Children, the Health Ministry and the concerned ministries as well as branches in, elaborating programs and contents on education in population, productive health, family planning, gender equality; direct and organize the lecturing on population, reproductive health, family planning, gender equality; train and foster the contingent of teachers in the contents of education on population, reproductive health, family planning, gender equality, suitable to the pedagogic requirements of each study branch, level and grade.

7. The Justice Ministry shall assume the prime responsibility and coordinate with the Committee for Population, Family and Children in elaborating the contents of propagation and education of the legislation on population.

8. The Ministry of Culture and Information shall direct the mass media agencies, cultural, art, creation and performance units in carrying out activities of population information, education and communications; coordinate with the Committee for Population, Family and Children in guiding the contents of population information, education and communications.

9. The Ministry of Home Affairs shall coordinate with the Committee for Population, Family and Children in building up and consolidating the organizational apparatus and organize the implementation of the programs on retraining of officials involved in work related to population, the family and children.

10. The General Department of Statistics shall organize the work of population statistics, annual surveys on population fluctuation, general census; assume the prime responsibility in organizing the appraisal and assessment of the quality of information and data on population.

Article 30.- Responsibilities of the People’ Councils, the People’s Committees at all levels

1. To be responsible for the objectives and efficiency of the population work in their localities; to direct and organize the coordination among departments, branches, mass organizations, social organizations in the implementation of population work in their localities.

2. To concretize a number of policies and regimes to suit the characteristics of their localities in order to attain the objectives of the population policy.

3. To formulate mechanism and policies on mobilization of human and financial resources for the implementation of the population work in the localities.

4. To apply measures suitable to local socio-economic conditions in order to attain the objectives of the population policy.

5. To direct and organize the incorporation of population elements in the local socio-economic development plannings, plans and policies.

6. To inspect, examine, supervise, evaluate and preliminarily and finally review the implementation of the population work in the localities.

Article 31.- Proposing Vietnam Fatherland Front and its member organizations within the scope of their tasks

1. To organize the implementation of population work within the system, including:

a) Promulgating regulations, charters or other forms in order to attain the objectives of the population policy.

b) Organizing the application of measures suitable to the specific conditions and circumstances of their respective organizations in order to attain the objectives of the population policy; creating conditions for and mobilizing members of their organizations to be exemplary in materializing the objectives of the population policy, regulations, charters or other rules of their organizations.

c) Periodically evaluating, preliminarily and finally reviewing the materialization of objectives of population policy.

2. Giving comments on formulation of policies, plannings, plans on population, legal documents on population and participating in supervising the implementation of the law provisions on population.

3. Coordinating with the Population, Family and Children Offices of the same level in propagating, educating and mobilizing the entire population to materialize the objectives of population policy and providing population services according to competence.

Article 32.- Complaints, denunciations about population work

1. Agencies, organizations and individuals may complain about administrative decisions and/or administrative acts of competent State bodies, officials and/or employees in the implementation of policies and legislation on population.

2. Individuals may denounce with competent State agencies about acts of violating the legislation on population.

3. The competence, order and procedures for settling complaints and denunciations shall comply with the law provisions on complaints and denunciations.