05 things you should know about rapporteurs on law in Vietnam

05 things you should know about rapporteurs on law in Vietnam (Internet image)

1. Who are rapporteurs on law?

According to Clause 1, Article 35 of the Law on legal popularization and education 2012, the rapporteurs on law are cadres, civil servants, public employees and soldiers in People’s Armed Force being recognized by decision of competent agencies to concurrently implement work relating to implementation of legal popularization and education.

2. The rapporteurs on law in Vietnam

According to Clause 2, Article 35 of the Law on legal popularization and education 2012, 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.

3. Competence of deciding on recognization of rapporteurs in Vietnam

Clauses 3 and 4, Article 35 of the Law on legal popularization and education 2012 stipulates competence of deciding on recognization of rapporteurs

- 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, agencies under Government, Committee of the Vietnamese Fatherland Front and central agencies 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 agencies 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 agencies 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.

4. Rights and obligations of rapporteurs on law in Vietnam

According to Article 36 of the Law on legal popularization and education 2012, the rights and obligations of rapporteurs on law are as follows:

- Rapporteurs on law have the following rights:

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

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

= Being enjoyed remuneration and regime as prescribed by law.

- Rapporteurs on law have the following obligations:

= Implementing task of law popularization and education under assignment; communicating correctly content of legal 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.

5. Administrative sanctions for violations of the obligations of rapporteurs on law in Vietnam

Administrative sanctions for violations of obligations of rapporteurs on law under Article 49 of Decree 82/2020/ND-CP are as follows:

- Warning or a fine of between VND 500,000 and 1,000,000 for one of the following acts:

+ Taking advantage of the name of rapporteurs on law to carry out activities not falling within assigned tasks for personal gain but not to the extent of criminal prosecution;

+ Taking advantage of the name of rapporteurs on lawto carry out activities that are not assigned to his/her assigned tasks for personal gain but not to the extent of criminal prosecution.

- Remedial measures: Forcible return of illegal profits obtained from committing violations.

Quoc Dat

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