Decree 02/2013/nd-Cp: Regulations On The Work Of The Family

Original Language Title: Nghị định 02/2013/NĐ-CP: Quy định về công tác gia đình

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The DECREE regulating the work of the family _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on marriage and the family on 9 June 2000;
Pursuant to the law on gender equality, November 29, 2006;
Pursuant to the law, against domestic violence on November 21, 2007;
According to the recommendation of the Minister of culture, sports and tourism;
The Government issued the Decree on work family, chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulates the work of the family; the Agency's responsibilities, the Organization in implementing the work of the family.
The work of the family is the activity of the Agency, the organization aims to build family no warm, equality, progress, well-being and sustainability.
Article 2. The object of this Decree apply apply to agencies, organizations in the implementation of the work of the family.
Article 3. The State administration on work family 1. The Ministry of culture, sports and tourism is responsible before the Government implement state management of family work in the country.
2. Ministries, ministerial agencies, within the scope of its powers, duties, is responsible, in coordination with the Ministry of culture, sports and tourism make governance about family woes.
3. the people's committees of all levels make governance about the work of the local families.
Chapter II CONTENT of the WORK of the FAMILY article 4. Construction and implementation of policy and legislation public works Organization building and family policy, family legislation; equality in the family; Prevention of family violence and other social evils entering families.
Article 5. Planning, training, fostering staff to do the work of the family 1. Construction and implementation of the planning staff working on the family level.
2. training, fostering capacity building for staff working on the family; compiling material about the work of the family.
3. The Ministry of culture, sports and tourism, the Ministry of the Interior detailing the Item 1 of this article.
Article 6. Advocacy, mobilization, dissemination of knowledge about the work of the family 1. Propaganda, the popular party's undertakings, the policy, the laws of the State of the family, made equal in families, the prevention of family violence and prevention, prevent social evils entering, make family planning.
2. building materials and disseminating knowledge about family, people delete outdated customs, customs about marriage and family; inherit, preserve and promote the traditional cultural values of family, their line tied to the construction of advanced value of family in social development.
Article 7. The Organization, the public service supply agencies in the fields of the family 1. The provision of public services in the fields of the family due to business units and public enterprises.
2. conditions, sequence, procedure, jurisdiction of establishment, reorganization, dissolution of business units and public enterprises providing public services in the field of families to comply with the provisions of Decree No. 55/2012/ND-CP dated 28 June 2012 of the Government regulation on the establishment dissolution, reorganization, business units, business law and the provisions of relevant laws.
Article 8. Support activities to build the family 1. Counseling, premarital education; provide knowledge, skill building and organization of family life; integrating proper family life education into the school supply program; support for maintaining, preserving the traditional values of the family.
2. conflict mediation in family disputes, and the protection of the rights, legitimate interests of members of the family.
3. building and Scaling Guide happy family models, sustainable development.
4. The Ministry of culture, sports and tourism, the Ministry of education and training, the Ministry of Justice and the ministries, ministerial agencies concerned detailing the terms of 1, 2 and 3 of this article.
Article 9. Celebrated annual Vietnam family day, celebrated Vietnam family day (June 28) to uphold the responsibilities of industry leaders, the level, the unions, social organizations and the family concerned family building no warm, equality, progress, happiness, sustainability; motivate, reward timeliness organization, individuals, families in the typical achievement, excellence in family work.
Article 10. Inspect, test, handle breaking the law on work family held the inspection activities, check processing, violation of the law of family work in accordance with the law.
Article 11. Scientific research, building a database on the family and the work of the family 1. The Organization of the activities of the investigation, survey and scientific research serve the construction policy, legislation on family affairs.
2. Construction of the database on the family and family work.
3. The Ministry of culture, sports and tourism of forth details in item 2 of this Article.
Article 12. International cooperation cooperation with other countries, international organizations, non-governmental organizations in the formulation of policies, management experience, scientific research, exchange of experts, technical and financial assistance in the field of families under the provisions of the law.
Article 13. Summary, summarizing, reporting, information mode 1. The people's Committee in the organization-level summary, summarizing, evaluating the implementation of the activities of the local families, the agency reports.
2. Each year, before 15 December, the ministries concerned, the people's committees of provinces and cities under central are responsible for reporting the results of the work of the family of the Ministry of culture, sports and tourism in General, reporting to the Prime Minister.
Chapter III IMPLEMENTATION article 14. The responsibility of the Ministry of culture, sports and tourism 1. Constructed, organizational policy, the law on the family.
2. Guidance and training organizations, fostering capacity building for staff working on the family.
3. Guidance and advocacy, mobilization, dissemination policy, law, knowledge of family work.
4. building and Scaling Guide family models.
5. State management for the business units providing public services in the field of the family.
6. Instructions and celebrated Vietnam family day.
7. International cooperation, scientific research on the family and family work in accordance with the law.
8. Construction of the database on the family and family work.
9. Inspect, test, handle violations of family work in accordance with the law.
10. Summary, summarizing, periodic reports from the Prime Minister about the situation of the family.
Article 15. The responsibility of the Ministry of planning and investment to host, in cooperation with the Ministry of culture, sports and travel guide, integrating policies on family work on the strategy, planning, planning of socio-economic development.
Article 16. The responsibility of the Ministry of finance, in cooperation with the Ministry of culture, sports and tourism and the ministries concerned arranged funding to perform the family according to the hierarchy in the current state budget; instructions, check the relevant ministries, sectors, localities in the layout and use the funds to perform family.
Article 17. The responsibility of the Ministry of Justice 1. Hosted, in cooperation with the Ministry of culture, sports and tourism and other relevant agencies in developing policies, legislation on family work within the scope of the functions and tasks assigned.
2. Guide the work of reconciliation of contradictions, disputes within the family in accordance with the law.
Article 18. The responsibility of the Ministry of education and training, in collaboration with the Ministry of culture, sports and tourism of Vietnam Women's Union, integrating educational content fits on the family in the education level.
Article 19. The responsibility of the Ministry of the Interior in cooperation with the Ministry of culture, sports and Tourism Guide and made the whole event planning staff working on the family level.
Article 20. The responsibility of the Ministry of labor, invalids and Social Affairs, in collaboration with the Ministry of culture, sports and tourism, the ministries and agencies concerned to build policy, the law on the protection, care and education of children in the family, care, serve nursing the elderly in the family and in the room Prevention of social evils entering the family according to the functions and tasks assigned.
Article 21. The responsibility of ministries, ministerial agencies 1. Hosted, in cooperation with the Ministry of culture, sports and tourism make the content relevant to the work of the family in the scope, functions, duties and powers assigned to it.
2. the Board and the authority to enact the law, policy, program, project related to the work of the family; Guide, test, inspection, summary, summarizing the implementation of policies, legislation, programs, project management responsibilities related to family affairs.
3. Annually, summarizing the performance of tasks related to family work in the fields of governance, chaired by the Ministry of industry, Ministry of culture, sports and tourism, reported the Prime Minister.
Article 22. The responsibility of the people's Committee of the level 1. Organization, check the implementation of the policy, the law on the work of the local families.
2. building, implementation of programs, plans of families associated with the program of social-economic development of the locality.
3. The layout of the budget for the work of the family in accordance with the provisions of the law on the State budget.
Article 23. Participate in the governance of the family of the women's Union-level Ministry of culture, sports and tourism, the ministries, ministerial agencies, government agencies, committees and levels ensuring for women the same level of Union participation in the management of State for Family Affairs as prescribed by the law and according to the provisions of article 4 , Article 6, paragraphs 1, 2 and 3 of article 8, article 9 of this Decree.
Article 24. Join the family suggested the Central Committee of the Vietnam Fatherland Front and the Member organization to join advocacy, popular, education policy, the law, test, monitor the implementation of policy, legislation on Family Affairs as prescribed by the law.
Article 25. Oversee the expenditure of families

1. Funding for the activities of the family of the ministries, the people's committees of all levels are arranged from the State budget according to the provisions of the law. The estimate, allocation of funds for the work of the family to follow the provisions of the law on the State budget and related documents.
2. mobilization of funding organizations, individuals in the country and abroad for family affairs are managed and used in accordance with the law.
Chapter IV the TERMS OF IMPLEMENTATION of Article 26. Effective enforcement of this Decree has effect from the date of Feb. 18, 2013.
Article 27. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and bodies of relevant organizations, is responsible for the implementation of this Decree.
c) store the history check to ensure getting enough and proper records by category; the format and structure agreed; the correct link to the specification data records; check for viruses;
d) archive the history file on the management system of electronic archives of historical archives and perform backup measures;
DD) Established record of the submitted electronic archives to the archives of history.
5. Agencies, organizations, individuals are only destroying records, electronic archives after the delivery of the filing, that document was successful and the Agency hosted or stored the history check, confirm.
6. technical standards in the process of submitting and collecting electronic archives between host bodies to store the history must be made according to the standards of data exchange in accordance with the law.
Article 8. Preserving electronic archives 1. Electronic archives to be stored safely and be converted according to the appropriate technology.
2. store the historic archive, agencies must regularly check the backup, to ensure safety, the integrity, the ability to access of electronic archives and the use of technical measures to classify, store is convenient but make sure not to change the content of the document.
3. Media on electronic archives should be preserved in a suitable storage environment.
4. The Interior Ministry detailing the required preservation electronic archives.
Article 9. Use electronic archives 1. The authority for permission to read, copy, archive authentication for electronic archives is done as for the materials hosted on other bodies.
2. Agency, held responsible for posting information about processes, procedures, the cost to perform services using electronic archives on the Agency's website, the organization.
3. Encourages the implementation of services that use electronic archives online.
4. Media on electronic archives belonging to the category of limited material used is not connected and use the wide area network.
Article 10. Ensure the safety and security of electronic archives 1. The Agency, the organization responsible for periodically check and ensure the safety management system of electronic documents.
2. Agency, implementation measures to ensure the security, safety and security in accordance with the law in the management of electronic archives.
Article 11. Cancel off electronic archives the value 1. Electronic archives thereafter be cancelled according to the authority, as the procedure of archives on the other end of the value objects.
2. Cancellation of documents stored electronically must be done for the entire record in the category of documents most of the approved value and to ensure the information has been destroyed cannot be recovered back.
Article 12. The prohibited acts 1. Accessed, altered, counterfeit, copy, disclose, submit, cancel an unauthorized electronic archives.
2. Create or distribute software programs make disorder, change the operating system, vandalism or other acts aimed at undermining the media management of electronic archives.
Article 13. Responsible for the management of electronic archives 1. The Interior Ministry is responsible for: a) strategy, program, plan, project, project on the application of information technology to ensure consistent management of electronic archives according to the authority;
b) building, the authority issued or issued under the authority of regulations, requirements, guidelines, criteria, methods of archiving electronic documents.
2. The head of the Agency, the organization responsible for directing the implementation of the management of electronic archives in accordance with the law.
3. Who do the archives is responsible for staff, proposed for the head of the Agency, the implementation provisions of the law on electronic document archive.
4. Units, departments of the Agency's information technology, organizations are responsible for staff, proposed for the head of the Agency, held about the application of information technology for the management of electronic archives and the implementation of technical measures to maintain the operation of the system for electronic document management of the Agency , organization.
5. direct the person to track, resolve the work is responsible for implementation of the rules on the creation, management, establishment of electronic records in the tracking process, settle and work applicants, documents to store bodies.
6. the historical archives are responsible for implementation of the hosting services for electronic archives in accordance with the law on archives.
Chapter III the DEADLINE SAVE ARCHIVES of PUBLIC SECURITY, defence, FOREIGN AFFAIRS and OTHER INDUSTRY to ARCHIVE the HISTORY of article 14. The deadline to save the documents in the archives of the public security sector, defense, Foreign Affairs 1. Archives are worth preserving in perpetuity of the public security sector, defense, diplomacy must file save to store the history within a period of 30 years, since the year end job except archives not yet declassified or archives necessary for the daily business operations.
2. The Ministry of public security, the Ministry of Defense, Ministry of Foreign Affairs is responsible for regulating the duration of preservation of documents after the opinion of the Ministry of the Interior; consistent clue organized the selection of archives are worth preserving permanently have to save and deliver deadline to archive the history of competent jurisdiction pursuant to the law on archives.
Article 15. The deadline to save archives of professional expertise in other sectors 1. Professional documents worth preserving in perpetuity of the industry, other sectors must file save to store the history within a period of 30 years, since the year end work, unless otherwise archive material necessary for a business daily operations of the agency or organization.
2. the governing body of the industry, the field is responsible for prescribing the duration of preservation professional document after the opinion of the Ministry of the Interior; organize the selection of the archives are worth preserving permanently have to save and deliver deadline to archive the history of competent jurisdiction pursuant to the law on archives.
Chapter IV a NUMBER of SPECIAL CASES when USE of ARCHIVES RELATING to the INDIVIDUAL article 16. The special case when using archive material relating to the individual archives relating to the individual are preserved in the historical archives in one of the following cases are not widely used after 40 years, since the death of individuals: 1. The use of archives that relate to the individual affect the interests of the national country, nation.
2. Use of personal archives were donated, consigned to the archives of history when not yet personal or legal representative of that individual.
Article 17. Jurisdiction to allow the use of archives in relation to individual archives regulation in article 16 of this Decree is used when limitations are the following authority: 1. The materials preserved in the archives of the Central historic by the Minister of the Interior decisions.
2. documents preserved in the historical archives at the provincial level by the Chairman of the provincial people's Committee decision.
3. Archives of the individual dealership on historic archive have to be personal or legal representative of that individual.
Chapter V the JURISDICTION, PROCEDURES, REVOKING the CERTIFICATE of PRACTICE ARCHIVE Article 18. Issued, reissued, revoked the certificate of practice archive 1. Professional store of value for 5 years from the date of grant and have a value in the range.
2. The Director of the Department of the Interior grants, grant, revoke the certificate of practice archive.
3. The Ministry of the Interior unity of management, the release casts practice archive.
Article 19. Check out hosting services 1. Personally recommend practising certificate store must meet the requirements in business hosting test by Ministry of the Interior regulations.
2. The Ministry of the Interior specifies jurisdiction, content storage services and inspection certificates of professional test results storage.
Article 20. Records suggest practising certificate store 1. Application practice certificate store.
2. The certificate of professional test results storage.
3. working time certifications from 5 years in the field of storage organs, organizations where individuals work. The validation must take responsibility for the accuracy of the content.
4. certified copy of diploma of specialized match each field of practice, in particular: a) for the preservation, restoration, disinfection, acids, reduced mold archives must have specialized diploma about the archives or biochemistry, b.;
b) for document control services must have a university diploma of specialized clerical, archive; the case of university graduates in other disciplines must have certificates of clerical, hosted by the competent authority;
c) for digital services archives must have a diploma of specialized on hosting or information technology. Specialized graduate case archive must have a certificate of information technology by the competent authority; the case of a graduate specialization in information technology must have the certificate of clerical, hosted by the competent authority;

d) for research, consulting services, application of science and technology transfer must be stored by the specialized college graduates about the archive; the case of university graduates in other disciplines must have certificates of clerical, hosted by the competent authority.
5. Curriculum vitae confirmed by the people's committees of communes, wards and towns where registered permanent residence.
6. Two photos 2 x 3 cm (taken within 6 months).
Article 21. Procedure for certification of practice archive 1. The person requesting the certificate of practice archive send 1 to Interior Department where individuals registered permanent residence.
2. The Department of the Interior is responsible for checking the records according to the rules and granted Votes receiving records.
3. Within 15 working days from the date of receiving the application of the person requesting the certificate of practice archive, Director of the Department of the Interior certificate of practice archives for individual conditions as prescribed.
4. The currency and use fees for practising certificates store follow the regulations of the Ministry of finance.
Article 22. Reissuing the certificate of practice archive 1. The certificate of practice archive was level again in the following cases: a) the expiry of the certificate of practice uses storing;
b) additional content of practice;
c) practice archive is corrupted or lost.
2. the recommended records reissued a certificate of practice archive: a) petition to practice certificate store where the certificate has been filed in the practice of the old store;
b) practice the old archives (except for lost certificates);
c) copies certified diploma, certificate and certificate of time working in fields related to content please practice addition (for cases apply additional content of practice).
3. The time limit for considering reissuing the certificate of practice archive as for a new application. The Department of the Interior has the responsibility to review again the certificate of practice archives for objects that are eligible according to the rules and practice of the old hosting (unless the certificate is lost).
4. The content, the term of the certificate of practice archive again, supplements are recorded as follows: a) according to Records of the content, the term of the certificate of practice the old archive for broken or lost;
b) additional contents of practice for cases apply additional content of practice;
c) burn as new supply case practice archive for expired certificate of practice archive.
Article 23. Revocation of the certificate of practice archive 1. In addition to the case prescribed in paragraph 3 Article 37 of law archive, the practising certificate store is revoked the certificate of practice archive if in one of the following cases: a) practice not correct with the content stated in the certificate of practice archive;
b) arbitrarily erased, corrected the certificate of practice archive;
c) lend, lease or let others use the practice hosted;
d) individuals declared dishonest information in application practice certificate store;
DD) violates the provisions of the law related to the storage activity.
2. The Department of the Interior certificate of practice archive has the authority to revoke the certificate of practice archive. Cases detected in violation prescribed in paragraph 3 Article 37 of law or the provisions in clause 1 of this article, the Interior Department place violation detection notifies the Department of the Interior where practising certificate store handle according to the authority.
Article 24. Rights, the obligation of the person who issued the certificate of practice archive 1. Are the storage practice within the country in accordance with the law.
2. Acting within the scope of the certificate of practice archive.
3. Not be arbitrarily erased, corrected; others rent, borrow the practice archive.
4. To present the certificate and inspection requirements, check when the competent authority request.
Article 25. Responsible for managing the certificate of practice archive 1. The Interior Ministry has the responsibility to guide and check the level, professional management of the archives; management, statistics, general situation of practising certificate stored in nationwide.
2. The Department of the Interior is responsible for: a) check, inspection practice activities stored in geographical scope;
b) revoking the certificate of practice archive for regulatory violations; processed under the authority or the competent agency proposal treats the offense in practice hosting services;
c) monthly information on electronic information Page of the central cities, on the State level, grant, revoke the certificate of practice archive;
d) complaints, accusations about the granting, using and practising certificate management host;
DD) original records; sign up on the registry or database records of the grant, grant, revoke the certificate of practice in local archives;
e) annual recurring or irregular function of agency reports help the Interior Ministry on State management of store-level situation, re-issuance, revocation of the certificate of practice archive.
Article 26. Handle personal violations of practice archives violates the law on archives, then dealt with according to the provisions of the law.
Chapter VI article 27 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect as from March 1, 2013.
Article 28. Implementation the Minister of Interior has the responsibility to guide and organize the implementation of this Decree.
Article 29. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and agencies, organizations and individuals concerned is responsible for the implementation of this Decree.