Laws of Vietnam

DECISION No. 770-TTg ON THE 20TH OF DECEMBER 1994 ON THE ORGANIZATION OF AND POLICY TOWARD YOUNG VOLUNTEERS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

At the proposal of the Minister-Chairman of the Vietnam Youth Committee, and the Minister-Head of the Government Commission for Organization and Personnel;

After discussing and reaching agreement with the First Secretary of the Central Committee of the Ho Chi Minh Communist Youth Union;

In order to continue promoting the glorious tradition and role the Young Volunteers as a shock force in the present stage,

DECIDES:

FUNCTION AND TASK

Article 1.- Young Volunteers is an organization of the shock force of the youth founded by the Ho Chi Minh Communist Youth Union to mobilize Young Volunteers to carry out economic and social programs and projects of the State with the double aim of implementing the socio-economic tasks and generating jobs while educating, tempering the youth and training jobs for them.

Article 2.- Units of Young Volunteers are formed to carry out the following tasks: implementing the State programs and projects for socio-economic development in difficult areas (mountain areas, remote areas, border areas and islands), waste land in the plains, alluvial soil on river and sea shores; carrying out a number of tasks which require a shock force at a certain time in a difficult place, such as overcoming the consequences of natural calamities, applying hygienic measures for prevention and treatment of diseases, teaching, disseminating scientific and technical knowledge, etc.; educating social offenders in labor, and contributing to eradicating social vices (prostitution, drug addiction).

The Young Volunteers units, which are assigned to carry out the programs, projects or tasks as mentioned above, must fulfil the tasks assigned and are entitled to incentive policies mentioned in this Decision.

Together with the tasks assigned in the programs, projects and jobs of the State, each Young Volunteers unit must educate, temper, and train jobs for, its members, helping them to make progress in quality, virtues, technical and professional knowledge during their service in the Young Volunteers units.

FORMATION AND ACTIVITIES

Article 3.- The State Planning Committee, the ministries and branches at the central level, the People's Committees of the provinces and cities directly under the Central Government, the People's Committees of the districts and precincts which have the programs, projects and jobs as mentioned at Article 2, must discuss with the organization of the Ho Chi Minh Communist Youth Union of the same level (hereunder referred to as the Union) and crate favorable conditions for the Union to form Young Volunteers units to take up and carry out programs, projects and jobs of the State, ministries, branches or their localities.

The Union organizations at different levels can take the initiative in working out programs and projects, and submit them to the ministries, branches or the People's Committees of provinces, cities, districts and precincts for consideration, approval and incorporation into plans of the ministries, branches or localities, and then, the Union shall set up an organization of Young Volunteers for implementation.

In case of necessity, the Central Committee of the Union can set up Young Volunteers units to carry out the programs and projects directly managed by the Central Committee of the Union.

The People's Committees and local specialized agencies of the same level should create legal conditions for Young Volunteers organizations in accordance with the State current regulations on the basis of the proposal of the Union's organization of the same level such as issuing the decision to form a unit, granting a license for its operation, and deciding to dissolve the unit after it has fulfilled the task assigned, etc.

Article 4.- Young Volunteers are young people 18 years of age or more, without distinction of sex, nationality, religion, social background and cultural level, who participate of their own accord (if they are 16 or 17 years old, they must have the consent of their families). Young Volunteers are granted certificates and uniform Young Volunteer badges stipulated by the Central Committee of the Union.

From now on, Young Volunteers organizations are set up only in the units assigned programs and projects or other tasks in a certain period, in these forms: Young Volunteers Groups, the Young Volunteers Brigade (which is the higher organization of groups, formed for major programs or projects that require the participation of a number of groups), the Young Volunteers School and the Young Volunteers Center, the latter to train jobs for social offenders.

Those Young Volunteers units which after completing their programs or projects are transformed into businesses, must operate in accordance with the statutory provisions for such businesses.

The businesses of Young Volunteers currently in operation are allowed to continue operating, but they must ensure good results for their business and strictly abide by law. No new businesses of Young Volunteers in townships, towns and cities shall be formed.

Article 5.- Those Young Volunteers units which are assigned programs or projects from any source of capital (loan capital, specialized service capital, investment capital, etc.) must organize a self-managing apparatus and operate in line with the current regulations on the management of that source of capital, and implement their loss-profit accounting and accountancy system in accordance with the guidance of the Ministry of Finance.

A Young Volunteers unit (implementing a project) is allowed to set up a joint venture with foreign partners in accordance with the Law on Foreign Investment in order to carry out the project assigned.

Article 6.- The Young Volunteers units (Brigade, Group, School, Center, etc.) have their own accounts and use their own seal according to set designs.

Article 7.- The Central Committee of the Ho Chi Minh Communist Youth Union proceeding from the State's views and policies, shall direct and guide the Union's organizations at different levels in organizing Young Volunteers units, supplying cadres for and directly guiding the activities of Young Volunteers units,

The Central Committee of the Ho Chi Minh Communist Youth Union shall discuss with the Vietnam Youth Committee and the specialized agencies concerned to draw up construction programs and projects for Young Volunteers in combination with the economic and social programs and projects of the State.

Article 8.- The Vietnam Youth Committee is the agency exercising State management of Young Volunteers, and together with ministries and specialized agencies of the State shall guide, supervise and stimulate the Young Volunteers units to carry out the under-takings and policies of the Party and the State, especially the special policies for Young Volunteers, so that the Young Volunteers organizations may operate in the right direction and fulfil the tasks assigned while ensuring for members of Young Volunteers units the benefits stipulated by the State; at the same time, the ministries and branches concerned must guide the implementation and the study and perfection of the incentive policies for Young Volunteers.

Article 9.- The State Planning Committee, the ministries and branches at the central level, or the People's Committees of provinces, cities, districts and precincts who assign the Young Volunteers units the task of implementing programs and projects, shall directly endorse the documents concerned of each program or project (such as studies, contracts, etc.) in accordance with the current regulations for each type of projects, or refer them to the competent level for endorsement; to direct the specialized agencies to ensure the supply of material means and capital sources in accordance with the tempo of implementing the programs or projects; to create favorable conditions within their capacity for Young Volunteers units to fulfil the tasks assigned; and to organize the take-over and evaluation of the result obtained in carrying out the programs and projects.

INCENTIVE POLICIES

Article 10.- The Young Volunteers units which are assigned a program or project shall benefit from the policies stipulated for such program or project. In carrying out a program or project, members of young Volunteers units shall observe the labor contract with the leading bodies of the Young Volunteers units, as stipulated in Chapter IV of the Labor Code. In addition, the Young Volunteers are entitled to the benefits stipulated in the following Articles, including policies for whole units and for each member of those units.

Article 11.- Those Young Volunteers units which are assigned programs and projects in mountain areas, remote areas, border areas and islands, while benefiting from the current policies regarding such programs and projects, shall be considered for the granting of additional investment for the educational, job-training, cultural and sport activities with the aim of reassuring them in their work, and contributing to raising the people's cultural standard in those areas.

Article 12.- With regard to those cadres and members of Young Volunteers units who have performed their task for one year or longer in mountain areas, remote areas, border areas and islands:

a/ During their working time:

Apart from the benefits such as allowances for working time, sickness, labor accidents, occupational diseases and the stipulations for women workers according to the Labor Code, they are entitled to:

- The one-time supply of the necessary clothes to carry out the tasks specified in the labor contract.

- An annual leave like the leave enjoyed by non-commissioned officers and soldiers who have served longer than the period of time stipulated by the Law on Military Service.

b/ After fulfilling their task in Young Volunteers units (on completion of a program or project):

- They shall receive a certificate by their unit that they have fulfilled their task in the Young Volunteers unit.

- If they go back to their locality, they shall receive train or vehicle fare and travelling allowances for the distance from the unit to their locality; and given priority by the administration at different levels in admission exams to schools and colleges, and in applying for jobs in accordance with the stipulations applied to demoted soldiers.

- If they volunteer to continue working in the Young Volunteers unit that has demand for labor, they shall be given priority in signing labor contracts.

- They are exempted from the social labor service; one year of service in the Young Volunteers' unit entitles them to one year of exemption from the social labor service.

- They are exempted from active military service if they have served in the Young Volunteers unit for 24 months or longer.

Article 13.- Those cadres and public employees of the State who are assigned to work for one year or longer at the Young Volunteers units in mountain areas, remote areas, border areas and islands, are entitled to the policy and regime applicable to those cadres and public employees assigned to work in mountain areas in accordance with current regulations, and are entitled to the policies regarding members of the Young Volunteers units mentioned at Article 13 of this Decision.

After fulfilling their task in the Young Volunteers units (on completion of a program or project), they are allowed to return to work at the office or unit where they worked before their departure, and this office or unit shall have to reinstate them; if they want to work at another unit, they will be employed in accordance with their desire and capacity and with the requirement and capacity of that unit.

Article 14.- After fulfilling their task (on completion of a program or project), if members of the Young Volunteers unit volunteer to stay back for permanent settlement to contribute to the development of the mountain areas, remote areas, border areas and islands, they shall benefit from the policies and regime for the building of new economic zones while continuing to benefit from the policies for Young Volunteers units.

The Young Volunteers units, which have the necessary conditions and want to be transformed into production and business units in suitable branches and occupations and operate according to law, shall enjoy preference in their registration and are entitled to the policies on the building of new economic zones while continuing to benefit from the policies for Young Volunteers units.

ORGANIZING THE IMPLEMENTATION

Article 15.- This Decision replaces all documents issued earlier by the Government for Young Volunteers and takes effect from the date of its publication.

The Ministry of Finance shall discuss with the Ministry of Labor, War Invalids and Social Affairs, the State Planning Committee and the Vietnam Youth Committee to provide guidance and specify the source of fund for the implementation of incentive policies for the Young Volunteers as stipulated by this Decision.

The Central Committee of the Ho Chi Minh Communist Youth Union shall guide its organizations at different levels in cooperating closely with the different administrative levels to carry out this Decision.

Article 16.- The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to cooperate closely with the Ho Chi Minh Communist Youth Union of the same level in implementing this Decision. The Minister-Chairman of the Government Office shall help the Prime Minister in supervising and speeding up the implementation of this Decision.

The Minister-Chairman of the Vietnam Youth Committee shall have to guide and inspect the implementation of this Decision and make regular reports to the Prime Minister on newly arising problems.

Prime Minister

VO VAN KIET