Circular 11/2011/tt-Bnv: Guide The Implementation Of A Number Of Articles Of Decree No. 12/2010/nd-Cp Dated 30 January 2011Của Government On Policy And Organization For Youth Volunteer

Original Language Title: Thông tư 11/2011/TT-BNV: Hướng dẫn thi hành một số điều của Nghị định số 12/2011/NĐ-CP ngày 30 tháng 01 năm 2011của Chính phủ về tổ chức và chính sách đối với thanh niên xung phong

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Pursuant to Decree No. 12/2010/ND-CP on 30/01/2011 by the Government on the policy and organization for youth volunteer (hereinafter referred to as the Decree No. 12/2010/ND-CP);

Pursuant to Decree No. 48/2008/ND-CP dated 17/4/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

The Interior Ministry guiding the implementation of a number of articles of Decree No. 12/2010/ND-CP on the sequences, procedures of establishment, dissolution, Manager volunteer youth organizations and youth administrators, chapter I GENERAL PROVISIONS article 1. Responsible for managing volunteer youth 1. For State administration authorities (Ministry of the Interior and the people's committees of provinces and cities under central): a) functions, the task of governance for youth volunteer;

b) consider, approve or disapprove the establishment, dissolution, extended volunteer youth organization under the jurisdiction;

c) inspection, checking the implementation of the policy, laws for youth volunteer.

2. for the Communist Youth Organisation (abbreviated as Union Organization): a) formed or dissolved, revoked the decision of the vanguard youth organization and directly manage the operation of the vanguard youth organization because of his level to form;

b) issued the regulation on organization and operation of the vanguard youth organization because of his level to form;

c) instructions, check the operation of the vanguard youth organization because of his established level.

Article 2. The principle established volunteer youth organization 1. Establishment of the vanguard youth organization are derived from the mission requirements are stipulated in article 4 of Decree 12/2010/ND-CP during the period from 24 months or more.

2. vanguard youth organization established only when clearly define objectives, functions, tasks and do not overlap with volunteer youth organizations are active in the provincial administration. The scale, organization type must match the functions and tasks. For volunteer youth organization founded by the Central Group has a range of local activities already have volunteer youth organization in need of exchanging consistent with local, to ensure no overlap of functions, tasks with volunteer youth organizations have been established earlier.

3. The establishment of the Centre, school of education social workers as prescribed in clause 1 article 9 of Decree 12/2010/ND-CP must conform to the legal provisions applicable, field operations.

4. The establishment of the volunteer youth organizations at the central level must be approved in writing by the Ministry of the Interior; in the province, central cities must be approved in writing by the provincial people's Committee, the central cities.

Chapter II the SEQUENCES, procedures, AUTHORITY, ESTABLISHED DISSOLVE the VANGUARD YOUTH ORGANIZATION article 3. The sequences, procedures established volunteer youth organization in Central 1. Central Communist Youth League (abbreviated as Central) need to establish volunteer youth organization founded 11 record according to the provisions of article 5 of this circular sent directly to the Ministry of the Interior proposed for comments approved to serve as a basis for decision-making.

2. Within 15 working days from the date of receipt of a valid application, the Ministry of the Interior is responsible for reviewing, commenting to approve in writing the establishment of volunteer youth organization. In case of disapproval must reply in writing and stating the reason.

In the process of reviewing the record, the Ministry of the Interior may invite representatives of ministries, experts, relevant scientists involved; the Central Corps requirements to provide information and documents relevant to the profile established volunteer youth organization.

3. To base opinions approved by the Ministry of the Interior, Central Union decision-making founded Vanguard youth organization.

With regard to the establishment of the Centre, school of education social workers, after the opinion approved by the Ministry of the Interior, sequence, procedure established be implemented according to the provisions of the law on professional activities.

Article 4. The sequences, procedures established volunteer youth organization granted the province of 1. The Communist Youth Union Ho Chi Minh the needs established volunteer youth organization founded 11 record according to the provisions of article 5 of this circular sent directly to the Department of the Interior to the provincial people's Committee for comments approved.

2. Within 15 working days from the date of receipt of a valid application, the Department of the Interior is responsible for the review, the provincial people's Committee for comments approved in writing the establishment of volunteer youth organization. In case of disapproval must reply in writing and stating the reason.

In the process of examining records establish the vanguard youth organization, the Department of the Interior has the right to suggest the provincial youth delegation provide information and relevant documentation or inviting representatives from related departments and scientists to discuss, give opinions on expert.

3. To base opinions approved by the provincial people's Committee, the provincial youth decision established the vanguard youth organization.

With regard to the establishment of the Centre, school of education social workers, after the opinion approved by the provincial people's Committee, the procedures established to be made under the provisions of the law on professional activities.

Article 5. Profile proposed the creation of Vanguard youth organization 1. The text of the Union organizations suggest the State administration competent for comments approved of the establishment of the vanguard youth organization.

2. The text of the party committees at the same level of approval levels agreed to the establishment of the Organization and activities of youth volunteer. With regard to the central level is accepted by the Party Central Committee.

3. The project of establishment of volunteer youth organizations include the following: a) the kind of organization needed to establish youth volunteer;

c) objectives, functions and tasks of the volunteer youth organization;

d) structure of the vanguard youth organization;

DD) resources and the other necessary conditions are secured for new volunteer youth organization founded in operation. In it, expected of personnel, payroll, cost of operation, Office equipment, and the necessary means of Vanguard youth organization;

e) expected duration of the activity plan volunteer youth organization;

g) recommendations of the Agency building the project of establishment of the vanguard Youth Organization (if any).

4. With regard to the establishment of the Centre, school of education social workers, in addition to the above mentioned content scheme also must have the written opinions of the specialized agency concerned central level include: the Ministry of education and training, Ministry of labor, invalids and Social Affairs, the Ministry of planning and investment The Ministry of finance. For the local level include: the Department of education and training, Department of labor, invalids and Social Affairs, the Department of planning and investment, the Department of finance.

5. Documents that the conditions to be established the vanguard youth organization according to the provisions of article 4 of Decree 12/2010/ND-CP.

6. other relevant documents (if any).

Article 6. The cases of dissolution of Vanguard youth organization 1. The end of active period are stated in the decision established that a decision not to renew.

2. Objectives, duties and active content no longer match the requirements of socio-economic development of the locality.

3. According to the decision of the State administration organs competent for handling youth volunteer organization violates the law.

Article 7. The jurisdiction and organization base youth Vanguard 1. The Agency has the authority to establish youth organizations volunteer decision to dissolve the vanguard youth organization for cases stipulated in item 1 and item 2 article 6 of this circular.

2. the competent authorities establish the vanguard youth organization decision to dissolve the vanguard youth organization for cases prescribed in paragraph 3 article 6 of this circular is to base the decision handling violates the law of the competent bodies.

3. the competent authorities establish the vanguard youth organization dissolved after the decision was of the opinion approved by the State administration authorities at the same level.

Article 8. Order and procedure of dissolution of Vanguard youth organization 1. Order and procedure of dissolution of Vanguard youth organization specified in clause 1 and clause 2 article 6 of this circular are as follows: a) the Agency has the authority to dissolve the organisation youth volunteer needs established 12 record as defined in article 9 of this circular sent directly to State administration authorities at the same level to consider accepting the job dissolved or not to approve the dissolution;

b) within a period of 10 working days from the date of receipt of a valid application, the competent State administration at the same level are responsible for reviewing, commenting to approve in writing the dissolution of Vanguard youth organization. In case of disapproval must clearly state the reason;

c) within 5 working days of receipt of the opinion approved by the State administration authorities at the same level, the Agency has the authority to establish a decision to dissolve the vanguard youth organization.

For the case of dissolution of the Centre, school of education social workers, after the comments approval of State administration authority, order, award procedure can be done under the provisions of the law on professional activities.

2. The order and procedure of dissolution of Vanguard youth organization prescribed in paragraph 3 article 6 of this circular are as follows: a) based on the decision to handle violations of the competent authority; the Agency has the authority to dissolve the vanguard youth organization send resumes directly to State administration authorities at the same level for comments approved the dissolution;

b) within a period of 10 working days from the date of receipt of a valid application, the competent State administration at the same level are responsible for reviewing, commenting to approve in writing the dissolution of Vanguard youth organization;


c) within 5 working days of receipt of the opinion approved by the State administration authorities at the same level, the Agency has the authority to establish a decision to dissolve the vanguard youth organization.

Article 9. Records suggest that dissolved volunteer youth organization 1. The text of the Union organizations suggest the State administration competent for comments approved the dissolution of Vanguard youth organization.

2. The text of the party committees at the same levels of approvals granted to agree the Organization and activities of youth volunteer. With regard to the central level is accepted by the Party Central Committee.

3. dissolve the approach Vanguard youth organization: a) the reason for dissolution of Vanguard Youth Organization (for volunteer youth organization dissolved according to the provisions in clause 2 article 6 should clearly evidence proving the objective, mission and active content no longer match the requirements of socio-economic development of the locality);

b) propose solving of personnel, organizational, financial, payroll, property, land and other related issues;

c) regulated the responsibility of individual organizations made plans organization and handle the related matters.

With regard to the dissolution of the Centre, school of education social workers, in addition to the above content, records suggest that dissolution must have the written opinions of the specialized agency concerned.

4. The text of the authorized agency handling violations of the vanguard youth organization for cases prescribed in paragraph 3 article 6 of this circular.

5. other related documents (if any).

Chapter III MANAGEMENT VOLUNTEER YOUTH article 10. Manager volunteer youth 1. Manager volunteer youth is the title leadership, management or technical expertise, work in the youth volunteer units, including: officers, servants, employees and officers, professional military personnel, employees of national defence Department of the armed forces was dispatched to work, and given the task of managing or doing technical expertise within the Organization youth volunteer at the discretion of the competent authority.

2. youth volunteer team members have sufficient conditions, following criteria: observance of good way, advocates of the Communist Party, the law and policy of the State; have good moral qualities; in good health; There, executive leadership, the organization performing the task; have a sense of responsibility in the work; have experience in organizing the activities of youth volunteer; to complete its mission to be the competent bodies to establish volunteer youth organization; having the professionalism, professional match the tasks shall be the competent authority consideration, recruited and appointed managers of youth volunteer time in performing the duties of the volunteer youth organization.

3. duties and powers of the management cadre of young volunteer of the levels established by the decision-making body specified in the regulations of the Organization, the activities of youth volunteer organization.

Article 11. Use management Youth Volunteer Work arranged, task assignment, quota transfer, grade, appointment, resignation, appointed, promoted, which rotated, seconded, reward, or discipline officers manage the youth volunteer is made according to the provisions of Law officers, public officials and law officers.

Chapter IV IMPLEMENTATION article 12. The responsibility of the volunteer youth organization 1. For the youth team Of volunteer after the March deadline, from the date of the decision of the competent bodies established if not prepared to be the necessary condition about: organizational structure, staff management, team members volunteer and youth facilities, equipment to operate according to the regulations, the competent authorities decided to establish a decision to revoke the decision to establish and report on State Management Agency about youth volunteer at the same level.

2. for the Centre, school of education social workers after the June deadline, from the date of the decision of the competent bodies established if not prepared are the necessary conditions of the facilities, training and apprenticeship; the teaching staff, teachers and managers of vocational training; vocational programs and the conditions ensure other quality activities for implementation under the regulation, the competent authorities decided to establish a decision revoking the decision to establish and report on State Management Agency about youth volunteer at the same level.

3. Before the deadline dissolved under the provisions of the 30 days, the Organization has volunteer youth organization dissolved according to the provisions in clause 1 6 of this circular must send the proposal to award the State Agency has the authority to consider and resolve. If the time limit was abolished without profile proposed dissolution of State Administration has the authority to conduct dissolved volunteer youth organization under the provisions of this circular, then the head of the Organization must take responsibility for the consequences of the dissolution of Vanguard youth organization too defined period.

The case of Vanguard youth organization does not agree with the decision to dissolve the complaint under the provisions of the law. Pending appeal, the Organization must halt all activities.

Article 13. Report mode 1. The latest was on June 15 for the first 6 months and report on November 15 for the annual report, the members of the youth volunteer is responsible for reporting to the Board of commanding the vanguard youth situation same level organization and results of operations of the unit.

2. At the latest is on July 15 for the first 6 months and report on December 15 for the annual report, commanding the vanguard youth provincial is responsible for the synthesis report, the group, the people's Committee and the Board of commanding the vanguard youth organised by the central situation and results of activities of youth volunteer forces the province.

3. At the latest is on July 30 for the first 6 report on 15 June 01 and for annual reports, commanding the vanguard youth Central is responsible for the synthesis report, the Government (through the Ministry of the Interior) and the central situation of the Organization, the activities of youth volunteer in the country.

Article 14. Effect 1. This circular effect since January 1st, 2011.

2. vanguard youth organization was founded before the Decree No. 12/2010/ND-CP on 30/01/2011 by Government force is not organized under the provisions of this circular.

3. During implementation of this circular, if there are difficulties and obstacles, the proposal reflects on the Interior Ministry to consider, resolve./.