Law on on Youth, Law No. 57/2020/QH14

ORDER

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Youth Law,

which was passed on June 16, 2020, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

THE YOUTH LAW^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam,

The National Assembly promulgates the Youth Law.

Chapter I

GENERAL PROVISIONS

Article 1.Youth

Youth are Vietnamese citizens aged between full 16 years and 30 years.

Article 2.Scope of regulation

This Law prescribes the rights, obligations and responsibilities of youth; the State’s policies toward youth; the responsibilities of agencies, youth organizations, other organizations, educational institutions, families and individuals toward youth; and the state management of youth.

Article 3.Subjects of application

This Law shall apply to youth; agencies, organizations, educational institutions, families and individuals.

Article 4.Role, rights and obligations of youth

1. Youth constitute a great, shock and creative social force taking the lead in the cause of renewal, construction and defense of the socialist Vietnamese Fatherland; play an important role in the cause of national industrialization and modernization, international integration and socialism construction.

2. Youth have the rights and obligations of citizens as defined by the Constitution and law.

Article 5.Principles to ensure the exercise of youth’s rights and obligations and the implementation of the State’s policies toward youth

1. Youth’s rights and obligations are recognized, respected, protected and guaranteed under the Constitution and law.

2. There must be no discrimination based on nationality, gender, social strata, belief, religion, educational level and occupation in the exercise of youth’s rights and obligations.

3. The State, organizations, educational institutions, families and individuals shall create conditions for youth to exercise their rights and perform their obligations as prescribed by the Constitution and law.

4. The State’s policies toward youth must ensure youth development objectives; create conditions for youth to exercise their rights, perform their obligations as well as responsibilities and bring into play their capabilities; shall be made separately or incorporated into policies of sectors, fields and localities.

5. The formulation and implementation of the State’s policies toward youth must ensure their participation; respect and respond to their opinions and aspirations.

6. Vietnamese youth overseas shall be assisted and given conditions to participate in activities of turning to the Fatherland and preserving and promoting the national cultural identity.

7. Agencies, organizations and individuals that fail to perform or improperly perform their responsibilities as prescribed by this Law shall be promptly and strictly handled.

Article 6.Resources for implementation of the State’s policies toward youth

1. The State shall ensure resources for the formulation and implementation of policies toward youth in accordance with law.

2. Financial resources for implementation of policies toward youth include the state budget; aid, financial assistance and other lawful contributions of organizations, enterprises and individuals at home and abroad.

Article 7.The National Committee on Youth of Vietnam

1. The National Committee on Youth of Vietnam is an inter-disciplinary coordinating body functioning to advise the Prime Minister on youth-related work.

2. The tasks and powers of the National Committee on Youth of Vietnam shall be defined by the Prime Minister.

Article 8.International cooperation on youth

1. International cooperation on youth must ensure the principles of equality, respect for independence, sovereignty and territorial integrity, conformity with the law of each country, treaties to which the Socialist Republic of Vietnam is a contracting party, and international practices.

2. International cooperation on youth includes the following contents:

a/ Participation in international organizations; conclusion and implementation of treaties and international agreements on youth; programs and projects on international cooperation on youth;

b/ Exchange of information, management experiences and policies as well as law on youth;

c/ Joint activities of Vietnamese youth and youth of other countries.

Article 9.The Youth Month

1. March is the Youth Month. The Youth Month shall be organized to promote the spirit of vanguard, voluntariness and creativity of youth for participation in activities in the interest of communities and the society, and mobilizing organizations and individuals to invest in youth development.

2. The Ho Chi Minh Communist Youth Union shall assume the prime responsibility for, and coordinate with related agencies, organizations and individuals in, organizing the Youth Month activities.

3. The Government and local administrations at all levels shall create conditions in terms of mechanisms, policies and resources to support the Ho Chi Minh Communist Youth Union organizations of the same level in organizing the Youth Month activities. Heads of agencies and organizations shall create conditions for and support youth to participate in the Youth Month activities.

Article 10.Dialogues with youth

1. The Prime Minister and People’s Committee chairpersons at all levels shall hold dialogues on youth affairs with youth at least once a year; heads of agencies, organizations and people’s armed force units shall hold dialogues with youth at the request of the youth organizations defined in this Law.

2. Persons responsible for holding dialogues with youth under Clause 1 of this Article shall direct the preparation of dialogue plans and programs and publicize them on the portals, websites or at the head offices of their agencies, organizations or units at least 30 days before the date of organizing the dialogues; settle according to their competence or propose competent agencies to settle recommendations made by youth at the dialogues.

3. Within 10 days after a dialogue is held, the dialogue conclusions shall be publicized on the portals or websites or at the head office of the dialogue-holding agency, organization or unit and sent to related agencies, organizations or units; in case of complicated dialogue contents related to different fields, this time limit will be 15 days.

4. The Government shall detail this Article.

Article 11.Application of treaties on the rights of the child to young people aged between full 16 and under 18 years

The State shall apply treaties on the rights of the child to which the Socialist Republic of Vietnam is a contracting party to young people aged between full 16 and under 18 years in conformity with Vietnam’s conditions.

Chapter II

RESPONSIBILITIES OF YOUTH

Article 12.Responsibilities toward the Fatherland

1. To promote the tradition of national construction and defense; to act as a shock force, be creative and take the lead in the cause of renewal, construction and defense of the socialist Vietnamese Fatherland.

2. To be ready to safeguard the Fatherland, defend independence, firmly preserve the national sovereignty, security, unity and territorial integrity; to undertake difficult, hard and urgent tasks when requested by the Fatherland.

3. To struggle against all plots and activities detrimental to the national interests.

Article 13.Responsibilities toward the State and the society

1. To exemplarily abide by policies and laws and fulfill civic obligations.

2. To participate in maintaining social order and safety and national defense and security.

3. To proactively propose ideas and initiatives in the process of formulating policies and laws; to participate in the management of the state and the society.

4. To actively participate in mobilizing people to implement the Constitution and law.

5. To build job-generating production and business models; to participate in environmental protection and activities in the interest of communities and the society.

6. To actively participate in child care, education and protection activities.

Article 14.Responsibilities toward families

1. To care for the family happiness; to preserve and promote the fine traditions of Vietnamese families.

2. To show respect and filial piety for grandparents and parents and respect other family members; to take care of and educate children in the families.

3. To actively prevent and combat domestic violence, to eliminate backward customs and practices on marriage and family.

Article 15.Responsibilities toward themselves

1. To train themselves in morality, good personal characters, cultured lifestyle and civilized manners; to uphold the civic responsibility and sense of law observance; to prevent and fight negative phenomena, social vices and acts in contravention of law and social morality.

2. To actively study, raise their qualifications, knowledge and skills; to approach, research and apply sciences and technologies to reality.

3. To proactively acquire information about the labor market; to select proper occupations and jobs; to train themselves in terms of sense of responsibility, labor discipline and professional working styles; to renovate and improve techniques for higher labor productivity.

4. To do physical exercise, protect, care for and improve their personal health for physical and spiritual development; to equip themselves with knowledge, life skills, reproductive health and sexual health care skills, and disease prevention and control skills; not to abuse alcohol and beer; to restrict smoking; not to use narcotics, habit-forming drugs and other stimulants banned by law; to prevent and fight cyber harms.

5. To actively participate in healthy cultural, sports and physical training activities and campaigns; to protect, preserve and promote the national cultural identity; to absorb the cultural quintessence of mankind.

Chapter III

THE STATE’S POLICIES TOWARD YOUTH

Article 16.Policies on study and scientific research

1. To ensure equal access to education and create conditions for youth to participate in scientific research.

2. To introduce and implement programs on education in morality, ideal, national traditions, cultured lifestyles, life skills and the sense of law observance for youth.

3. To adopt policies on credits, scholarships and school fee exemption and reduction for youth as prescribed by law.

4. To encourage and support youth to study and raise their professional qualifications and skills; and capability to create, research and apply scientific and technological advances.

5. To offer incentives and supports for organizations and individuals investing in scientific research and innovation activities of youth; participating in training life skills and other necessary skills for youth.

Article 17.Policies on labor and employment

1. To provide vocational counseling and orientation as well as labor market information for youth; to teach professional skills and professional ethics for youth; to ensure that youth are neither forced to work nor exploited.

2. To create conditions for youth to have jobs; to create jobs on the spot for youth in rural, mountainous and island areas suitable to each region, each zone and each period of national development.

3. To create conditions for youth to borrow concessional loans from the National Fund for Employment and other lawful credit sources for self-employment and production and business development.

Article 18.Policies on startups

1. To educate and train youth in startup knowledge and skills.

2. To provide market information; to provide legal, scientific and technological assistance, investment promotion and human resource development; to provide concessional loans from credit institutions in accordance with law.

3. To encourage and create a favorable environment for youth’s innovative startups applying science and technology.

4. To offer incentives and supports for organizations and individuals participating in the provision of support services for youth’s startups; to encourage the establishment of startup funds for youth in accordance with law.

Article 19.Policies on health protection, care and improvement

1. To provide counseling on and support for improvement of youth’s health; to prevent and fight domestic violence, school violence and sexual abuse; to prevent and fight drug addiction and HIV/AIDS; to prevent sexually transmitted diseases, other social diseases and dangers affecting the physical and mental health of youth.

2. To ensure that youth will be provided with information on and have access to friendly services on reproductive health and sexual health protection and care; be provided with premarital counselling and health checkup.

3. To encourage organizations and individuals to invest in and provide medical and healthcare services for youth.

Article 20.Policies on culture, physical training and sports

1. To encourage and support youth to participate and be creative in cultural, physical training and sports activities.

2. To create conditions for youth to actively participate in preserving and promoting the national cultural values and absorb the cultural quintessence of mankind.

3. To carry out communication and education activities to raise awareness about and protect youth’s safety in the cyberspace.

4. To encourage organizations and individuals to invest in the construction of cultural, physical training and sports facilities for youth.

Article 21.Policies on national defense

1. To ensure that youth are provided with education about national defense and security, patriotism, revolutionary heroism and the sense of national construction and defense.

2. To ensure that youth perform the military service obligation; the obligation to join the People’s Public Security, militia or self-defense forces; to join the army reserve forces and participate in the building of all-people national defense and people’s security in accordance with law.

3. Youth who have fulfilled the military service obligation or obligation to join the People’s Public Security force shall be entitled to vocational training support and other preferential policies as prescribed by law.

Article 22.Policies toward youth volunteers

1. Youth volunteers constitute the shock force of youth, participating in the performance of socio-economic development, job creation, education and training tasks for youth and unexpected, urgent, difficult and hard tasks in national construction and defense.

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

a/ Participating in socio-economic development projects assigned by the State;

b/ Participating in the remediation of consequences of natural disasters and epidemics; environmental protection; maintenance of social order and safety, national defense and security;

c/ Participating in commodity production, service provision, transfer of technical advances in support of production and vocational training associated with the creation of jobs for youth;

d/ Unexpected, urgent, difficult and hard tasks as prescribed by law.

3. The State shall ensure funding, physical foundations and equipment and facilities necessary for youth volunteers to perform tasks assigned by the State.

4. Youth volunteers shall be entitled to regimes and policies during and after fulfilling their tasks.

5. The Government shall detail this Article.

Article 23.Policies toward voluntary youth

1. Voluntary youth are those who voluntarily participate in activities in the interest of communities or the society in accordance with law.

2. The State shall promulgate policies toward voluntary youth as follows:

a/ Establishing information channels for youth to access and participate in voluntary activities;

b/ Developing programs and projects on sending voluntary youth to work in areas facing especially difficult socio-economic conditions, border areas and islands;

c/ Encouraging organizations and individuals to support youth in the participation in voluntary activities in the interest of communities and the society.

3. The Government shall detail this Article.

Article 24.Policies toward talented youth

1. The State shall adopt policies to discover, train and attract talented youth and put them in important positions and offer them preferential treatment.

2. Heads of agencies or organizations shall implement the policies toward talented youth in conformity with their respective functions, tasks and powers.

Article 25.Policies toward ethnic minority youth

1. To prioritize ethnic minority youth in study, labor, employment, startup, healthcare, physical training and sports.

2. To support ethnic minority youth in the preservation and promotion of their own cultural identities, the building of civilized life styles, and the struggle to get rid of backward customs and practices.

3. To prioritize the selection, training and planning of ethnic minority cadres, civil servants and public employees in state agencies, organizations or units to create sources of leading and managerial personnel.

4. To encourage enterprises and organizations to prioritize the recruitment of ethnic minority youth.

Article 26.Policies toward youth aged between full 16 years and under 18 years

1. To ensure universalization of education as prescribed by law.

2. To prioritize and create conditions for their participation in cultural, physical training, sports, entertainment and recreation activities suitable to their capabilities and age groups for all-sided development.

3. To provide them with training and counseling on selection of occupations and jobs suitable to their age group.

4. To equip them with knowledge and skills to protect themselves against dangers affecting their physical and mental health; to ensure support and interventional measures for them to live a safe and healthy life.

5. To guarantee the implementation of criminal, administrative and civil policies in accordance with law.

6. To quickly settle cases that cause physical and spiritual harms to them.

7. To encourage organizations and individuals to discover and train talents for them.

8. The Government shall prescribe mechanisms, policies and measures for the implementation of policies toward them.

Chapter IV

RESPONSIBILITIES OF YOUTH ORGANIZATIONS

Article 27.Youth organizations

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

2. The youth organizations play the role of uniting and rallying youth, representing to care for and protect their lawful and legitimate rights and interests; bring into play the youth’s role in the cause of national construction and defense.

3. The youth organizations shall grasp the needs and aspirations of youth so as to refer them to competent agencies or organizations; coordinate with state management agencies in charge of youth affairs and related agencies in disseminating, educating about and implementing youth policies and laws; organize youth to participate in movements in the interest of communities and the society and for the cause of national construction and defense.

Article 28.The Ho Chi Minh Communist Youth Union

1. The Ho Chi Minh Communist Youth Union is a socio-political organization of Vietnamese youth, playing the core role in youth movements and youth organizations; shall organize and guide activities of children, and take charge of the Ho Chi Minh Young Pioneer Organization.

2. The Ho Chi Minh Communist Youth Union shall oversee and give social criticisms on youth policies and laws in accordance with law; sum up and report ideas and proposals of youth to competent agencies or organizations.

3. The Ho Chi Minh Communist Youth Union shall participate or coordinate with related state agencies in the process of formulating, propagating and implementing youth policies and laws.

4. The Ho Chi Minh Communist Youth Union shall carry out youth diplomatic activities.

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

1. The Vietnam Youth Federation is a broad social organization of Vietnamese youth and a youth organization aiming to unite and rally Vietnamese youth of all strata to strive for the cause of national construction and defense.

2. The Vietnam National Union of Students is a social organization of Vietnamese students, aiming to unite and rally Vietnamese students in study, training and devotion to the country.

3. The Vietnam Youth Federation and the Vietnam National Union of Students shall coordinate with the Ho Chi Minh Communist Youth Union in overseeing and making social criticisms on youth policies and laws in accordance with law.

Article 30.The State’s policies toward youth organizations

1. To create conditions for youth organizations to participate in formulating and implementing youth policies and laws.

2. To ensure conditions for youth organizations to perform the tasks assigned by the State.

3. To assist and create conditions for youth organizations to mobilize youth in implementing socio-economic development and other programs and projects.

4. State agencies, organizations and units shall create conditions for the Ho Chi Minh Communist Youth Union to organize activities of supervision and social criticism in the formulation and implementation of youth policies and laws.

Chapter V

RESPONSIBILITIES OF THE VIETNAM FATHERLAND FRONT, SOCIAL ORGANIZATIONS, ECONOMIC ORGANIZATIONS, EDUCATIONAL INSTITUTIONS AND FAMILIES

Article 31.Responsibilities of the Vietnam Fatherland Front

1. To develop unified action plans and programs of the Vietnam Fatherland Front on rallying, uniting and promotion of the youth force.

2. To coordinate with the Ho Chi Minh Communist Youth Union and other member organizations of the Vietnam Fatherland Front in implementing the programs on oversight and social criticism of youth policies and laws and youth affairs.

3. To mobilize its members to care for and protect the lawful and legitimate rights and interests of youth.

Article 32.Responsibilities of social organizations

1. To mobilize their members to create conditions for youth to study, work, and participate in cultural, physical training and sports, physical and intellectual development activities; to train in morality, national tradition and civic awareness; to take the lead in the cause of creative labor and national defense.

2. To coordinate with state management agencies in charge of youth in formulating and implementing youth policies and laws.

3. To coordinate with youth organizations in caring for and protecting the lawful and legitimate rights and interests of youth.

4. To support resources in accordance with law and their charters for youth development.

Article 33.Responsibilities of economic organizations

1. To ensure safe working environment and conditions; to provide adequate knowledge and information on occupational safety and health for young employees.

2. To attach importance to caring for the life of young employees; to support young employees to study and participate in cultural, physical training, sports, health care and protection activities.

3. To create conditions for the establishment and operation of Ho Chi Minh Communist Youth Union and Vietnam Youth Federation organizations.

4. To encourage and support youth in startup activities; to provide vocational, professional and life skills training; to invest in the construction of cultural, physical training and sports facilities for youth.

Article 34.Responsibilities of educational institutions

1. To organize education about traditions, morality and healthy lifestyles for youth.

2. To build a safe, friendly and healthy educational environment; to apply measures to prevent and combat school violence and sexual abuse for youth.

3. To promote creativity in study and scientific research; to raise the self-learning capability and practice skills; to provide vocational counseling and orientation for youth.

4. To provide psychological counseling on social issues and school psychological services; to organize education about life skills, knowledge on health care and protection, reproductive health, sexual health, gender and skills to prevent and combat school diseases and social vices for youth.

5. To create conditions for youth to participate in cultural, physical training, sports, entertainment, recreation and other extracurricular activities.

6. To create conditions for the establishment and operation of Ho Chi Minh Communist Youth Union and Vietnam National Union of Students organizations.

Article 35.Responsibilities of families

1. To respect and listen to opinions and aspirations of youth; to care for, educate, encourage and create conditions for youth in the exercise of their rights and performance of their obligations and responsibilities as prescribed by law.

2. To respect the youth’s rights in marriage and family; to educate youth about gender, gender equality and necessary knowledge on marriage and family.

3. To care for and educate youth in physical, spiritual, intellectual, moral and personality development; in healthy cultural lifestyles, becoming dutiful children of families and useful citizens of the society.

4. To train youth in life skills; to educate them in the sense and discipline of labor; to respect and create conditions for youth to select occupations and find jobs.

5. To direct and create conditions for youth to access secure information sources and protect youth in the cyber environment.

Chapter VI

STATE MANAGEMENT OF YOUTH

Article 36.Contents of state management of youth

1. To promulgate, or submit to competent state agencies for promulgation, and organize the implementation of, legal documents on youth; to prescribe measures for implementation of policies toward youth.

2. To formulate, and organize the implementation of, strategies, policies, programs and plans on youth development.

3. To implement statistics, information and reporting activities on the youth situation and the implementation of youth policies and laws.

4. To build the contingent of cadres and civil servants performing the state management of youth.

5. To disseminate and educate about youth policies and laws.

6. To examine, inspect and handle violations, settle complaints, denunciations and petitions; to review and perform the work of emulation and commendation on the implementation of youth policies and laws.

7. To implement international cooperation on youth.

8. To promulgate policies to support and encourage organizations and individuals to participate in the implementation of policies toward youth.

Article 37.Responsibilities of the Government

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

1. To ensure the effective and efficient implementation of contents of the state management of youth;

2. To adopt mechanisms and measures on coordination among ministries, ministerial-level agencies, government-attached agencies, local administrations and related agencies and organizations in formulating and implementing youth policies and laws.

3. To ensure the formulation and implementation of youth development objectives and targets in long-term, medium-term and annual socio-economic development strategies, programs and plans of the nation, sectors and fields.

4. To report on the results of implementation of youth policies and laws at the request of the National Assembly.

Article 38.Responsibilities of the Ministry of Home Affairs

The Ministry of Home Affairs is accountable to the Government for the performance of state management of youth and has the following responsibilities:

1. To promulgate according to its competence or submit to competent state agencies for promulgation youth policies and laws; youth development strategies, programs and plans.

2. To propose the incorporation of youth development policies, targets and objectives in socio-economic development policies, strategies, programs and plans of sectors and fields. To guide ministries and sectors to include statistical indicators on Vietnamese youth in their systems of indicators.

3. To guide ministries, ministerial-level agencies and provincial-level People’s Committees to perform the task of state management of youth; to organize knowledge and skills training for the contingent of cadres and civil servants performing the state management of youth.

4. To assume the prime responsibility for, and coordinate with related agencies in, the management, use and announcement of data on youth and youth development indicators.

5. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, government-attached agencies and the Ho Chi Minh Communist Youth Union Central Committee in formulating, and organizing the implementation of, youth policies and laws.

6. To examine, inspect, settle complaints, denunciations and petitions; to review, perform the work of emulation and commendation, handle violations according to its competence or propose competent agencies, organizations or persons to handle violations in the implementation of youth policies and laws.

7. Annually to report to the Government on the results of implementation of youth policies and laws and performance of the task of state management of youth.

8. To assume the prime responsibility for, and coordinate with related agencies in managing youth-related international cooperation activities as prescribed by law.

Article 39.Responsibilities of ministries and ministerial-level agencies

Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Home Affairs in performing the state management of youth and have the following responsibilities:

1. To promulgate policies and mechanisms and create conditions for youth to participate in the development programs of their sectors or fields.

2. To incorporate youth development policies, targets and objectives in their respective socio-economic development policies, strategies, programs and plans; to include statistical indicators on Vietnamese youth in their systems of indicators.

3. To guide provincial-level People’s Committees in the implementation of youth policies and laws which fall under their respective state management.

4. Annually, to report on the implementation of their respective youth policies and laws to the Ministry of Home Affairs for sum-up report to the Government.

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

1. Provincial-level People’s Councils shall, within the ambit of their tasks and powers, have the following responsibilities:

a/ To promulgate resolutions on youth development in their respective localities for implementation of the State’s youth policies and laws;

b/ To decide on youth development targets and objectives in their local socio-economic development plans of each year and each period;

c/ To decide on distribution of budget funds for implementation of youth policies and laws and youth development strategies, programs and plans in their localities;

d/ To supervise the implementation of youth policies and laws in their localities;

dd/ To decide on payrolls of agencies assigned to perform the state management of youth.

2. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of youth and have the following responsibilities:

a/ To organize the implementation of youth policies and laws and youth development strategies, programs and plans in their localities;

b/ To include youth development targets and objectives in their local socio-economic development programs and plans for each year and each period;

c/ To build the contingent of cadres and civil servants performing the state management of youth;

d/ To ensure the lawful and legitimate rights and interests of youth when investing in the development of educational, medical, health counselling, cultural, physical training and sports establishments;

dd/ To manage, use and publicize statistical data on youth and youth development indicators in localities;

e/ To carry out statistical and information activities, and annually report on the results of implementation of youth policies and laws to the Ministry of Home Affairs for sum-up report to the Government;

g/ To examine, inspect and handle violations, to settle complaints, denunciations and petitions related to youth;

h/ To direct and guide lower-level People’s Committees in the performance of state management of youth.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 41.Effect

1. This Law takes effect on January 1, 2021.

2. Youth Law No. 53/2005/QH11 ceases to be effective on the date this Law takes effect.

This Law was passed on June 16, 2020, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 9^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN