Who are rapporteurs on law upon legal dissemination and education in Vietnam?

Who are rapporteurs on law upon legal dissemination and education in Vietnam?

Under the provisions of Article 35 of the Law on Legal Dissemination and Education 2012, a rapporteur on law upon legal dissemination and education is an official or public employee and an officer in the People's Armed Forces recognized by a competent authority to concurrently engage in legal dissemination and education.

 The rapporteurs on law must have sufficient standards as follows:

- Possessing good ethical qualities, viewpoint and thought firmly, reputation in work;

- Having ability of communication;

- Possessing the certificate of graduating law university and having working time in legal field at least 02 years; in case without certificate of graduating law university but having certificate of graduating a university, must have working time relating to law at least 03 years.

The competence of deciding on recognization of rapporteurs on law is stipulated as follows:

- The Minister of Justice decides on recognition of rapporteurs on law of Ministries, ministerial-level agencies, Government agencies, the Central Committee of the Vietnamese Fatherland Front and central authorities of organizations being members of the Front

- Presidents of provincial People’s Committee decide on recognition of rapporteurs on law of state agencies, Committees of the Vietnamese Fatherland Front and central authorities of organizations being members of the Front at the provincial level;

- Presidents of commune People’s Committee decide on recognition of rapporteurs on law of state agencies, Committees of the Vietnamese Fatherland Front and central authorities of organizations being members of the Front at the commune level;

The competence agencies of deciding on recognition of rapporteurs on law are entitled to relieve of duty such rapporteurs. The agencies, organizations directly managing rapporteurs on law operate to review, suggest the competent agencies to issue decision on relieving of duty their rapporteurs.

The Minister of Justice stipulates order of, procedures for recognition, relieving of duty of rapporteurs.

Who are rapporteurs on law upon legal dissemination and education in Vietnam? (Image from Internet)

What are the regulations on the recognition of rapporteurs on laws in Vietnam?

Under the provisions of Article 3 of Circular 10/2016/TT-BTP, the recognition of rapporteurs on laws in Vietnam is as follows:

- Ministries, ministerial-level agencies, Government agencies of Vietnam, the Central Committee of the Vietnam Fatherland Front, and central authorities of member organizations of the Front, based on the requirements of legal dissemination and education tasks and the practical conditions of directing the legal organization, units assigned to be in charge of the legal work, legal dissemination and education of the ministry, central authority, or central organization, choose officials and public employees and officers in the People's Armed Forces who meet the standards specified in Clause 2, Article 35 of the Law on Legal Dissemination and Education 2012 for the head of the ministry, central authority, or central organization to issue a written request to the Minister of Justice to consider and decide on the recognition of central rapporteurs on laws.

- The specialized agency of the provincial-level People's Committee (hereinafter referred to as provincial level), the Vietnam Fatherland Front Committee, and member organizations of the Front at the provincial level, the Police, the People's Procuracy, the People's Court, the Provincial Civil Judgment Execution Department, the Capital Command, the Military Command, the Border Guard Command, and other provincial state agencies (hereinafter referred to as provincial-level agencies and organizations), based on the requirements for legal dissemination and education tasks and practical conditions, direct agencies and organizations to select officials and public employees and officers in the People's Armed Forces who meet the standards specified in Clause 2, Article 35 of the Law on Legal Dissemination and Education 2012, and provide a written proposal for the recognition of rapporteurs on laws to the Department of Justice, which compiles and submits it to the Chairman of the Provincial People's Committee for consideration and decision on the recognition of provincial rapporteurs on laws.

- The specialized agency of the district-level People's Committee (hereinafter referred to as district level), the Vietnam Fatherland Front Committee, and member organizations of the Front at the district level, the Police, the People's Procuracy, the People's Court, the District Civil Judgment Execution Branch, the Military Command, and other district state agencies (hereinafter referred to as district-level agencies and organizations), based on the requirements for legal dissemination and education tasks and practical conditions, direct agencies to select officials and public employees and officers in the People's Armed Forces who meet the standards specified in Clause 2, Article 35 of the Law on Legal Dissemination and Education 2012 and provide a written proposal for the recognition of rapporteurs on laws to the Justice Department for compilation and submission to the Chairman of the District People's Committee for consideration and decision on the recognition of district rapporteurs on laws.

- The total number of rapporteurs on laws of ministries, central authorities, organizations, and agencies is decided by the head of the respective ministry, central authorities, organization, or agency to ensure that each legal field within its specialized management scope has at least one rapporteurs on law concurrently performing the legal dissemination and education tasks.

- The written proposal for the recognition of rapporteurs on law must include all the following information about the individual proposed for recognition:

+ Full name;

+ Position, title (if any), and the organization, office, or unit of employment;

+ Professional qualifications;

+ Specialized legal field expected for concurrent legal dissemination and education tasks.

- Within 5 working days from the date of receipt of the recognition proposal for a rapporteurs on law containing all information specified in Clause 5, Article 3 of Circular 10/2016/TT-BTP, the competent authority shall consider and decide on the recognition of the rapporteurs on law.

The decision on the recognition of a rapporteurs on law is sent to the ministry, central authorities, organization, or agency that requested the recognition and the rapporteurs on law; it is publicly announced in accordance with the provisions at point b, clause 2, Article 8 of Circular 10/2016/TT-BTP.

In the event the recognition proposal for rapporteurs on law lacks the information specified in Clause 5, Article 3 of Circular 10/2016/TT-BTP, within 2 working days from the date of receipt, the receiving agency shall issue a written request for additional information.

- rapporteurs on laws have the rights and obligations stipulated in Article 36 of the Law on Legal Dissemination and Education 2012 from the date the decision recognizing them as rapporteurs on laws take effect.

What are the 03 rights and 03 obligations of rapporteurs on law in Vietnam?

Under  the provisions of Article 36 of the Law on Legal Dissemination and Education 2012, the 03 rights and 03 obligations of rapporteurs on law in Vietnam are as follows:

1. Rapporteurs on law have the following rights:

- Being supplied legal documents, information, material on law servicing for implementation of task on law popularization and education;

- Being coached fostered knowledge of law, professional skills in law popularization and education;

- Being enjoyed remuneration and regime as prescribed by law.

2. Rapporteurs on law have the following obligations:

- Implementing task of law popularization and education under assignment; communicating correctly content of law popularization and education;

- Not revealing state secret and implement other prohibited acts;

- Annually, reporting on acitiities of law popularization and education implemented by themselves to agencies, organizations directly managementing them.