THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
No: 15/1999/PL-UBTVQH | Hanoi, September 3, 1999 |
ON THE PUBLIC LABOR OBLIGATION
In order to mobilize part of citizens’ labor resources for the construction and renovation of public-utility projects; timely prevention of and combat against natural calamities, fires and epidemics, and overcoming of the consequences thereof;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the National Assembly, the Xth Legislature, fourth session, on the law and ordinance making program of the Xth National Assembly and the 1999 law and ordinance making program;
This Ordinance prescribes the public labor obligation of citizens.
...
...
...
ANNUAL PUBLIC LABOR OBLIGATION
Article 9.- The annual public labor shall be used to contribute to the following local undertakings:
1. Construction and renovation of traffic roads;
2. Construction and renovation of irrigation works; particularly, the construction and renovation of dikes and embankments shall comply with the provisions of the legislation on flood and storm prevention and combat;
...
...
...
4. Construction and renovation of fallen heroes’ graveyards, monuments and memorial stela houses.
5. Construction and renovation of other public-utility projects of social-welfare nature.
Article 10.- The following persons shall be exempt from the annual public labor obligation:
1. Officers and men of the People’s Army and the People’s Police;
2. National defense workers and employees and people’s policemen working in mountainous, high-land, deep-lying and border regions and islands; national defense workers and employees of professional itinerant repair teams;
3. Demobilized servicemen who are currently registered as first-grade reserves;
4. War invalids, sick soldiers and those who are entitled to preferential policies like war invalids;
5. Parents or spouses of fallen heroes, persons who had fostered fallen heroes;
6. Career religious dignitaries;
...
...
...
8. Persons who suffer from a loss of 21% or higher of their working capacity.
1. Persons who are being under medical treatment or in convalescence; persons who are the only ones in their respective families, personally nursing their next of kin being seriously ill;
2. Parents, spouses of armymen on active service, whose families actually meet with great difficulties as certified by the People’s Committees of communes, wards or district townships (hereafter collectively referred to as the commune-level People’s Committees);
3. Women who are pregnant or nursing their under-36 month children;
4. Men, who have their wives passed away or divorced, and are nursing their under-36 month children;
5. Persons who are personally nursing or serving seriously wounded soldiers, seriously sick soldiers or disabled persons who suffer from a loss of 81% or higher of their working capacity;
6. Persons who constitute the hard-core of the militia and self-defense forces;
7. State officials and employees who are sent to work for a definite time in mountainous, high-land, deep-lying or border areas and islands;
...
...
...
9. Persons who are the only bread earners in their families and personally fostering other people who are incapable of working or not up to the labor age;
10. Persons being members of family households, which are certified by the commune-level People’s Committees as hungry households according to the hunger line set by the Government;
11. Heads and deputy heads of commune polices, commune police agents; chiefs of villages, hamlets or equivalent units;
12. Post-graduate students, master’s degree students, probationers, students and trainees enrolled in full-time long-term courses at universities, academies, colleges, intermediate vocational schools and job-training schools in the national education system, religious training institutions; general education pupils; literacy class teachers and learners;
13. Persons who are working or studying in foreign countries.
The reporting time limit shall be decided by the presidents of the People’s Committees of the provinces and centrally-run cities.
...
...
...
Persons who perform the annual public obligation on other people’s behalf must be aged full 18 to 60 years for men, or from full 18 to 55 years for women, and in good health to fulfill the assigned labor norms or work volumes.
The amount of money paid for each workday shall be set by the People’s Council of the province or centrally-run city, suited to the actual conditions of each area in its locality, but must not exceed 120% of the minimum daily wage level set by the State.
2. All public labor workday funds must be reflected into the local budgets of all levels.
The proceeds from the performance of the annual public labor obligation in form of money payment of a certain level shall be remitted into such level’s own account opened at the State Treasury.
3. The public labor workday funds shall be managed and used for right purposes and in a democratic and transparent manner.
...
...
...
The annual public labor resources of the provincial and district levels shall be used in support of public-utility projects managed by the lower level or used in service of projects under their own management.
Mobilization decisions of the presidents of the commune-level People’s Committees must be notified to the mobilized people or their families within 7 days before the performance of the public labor obligation.
THE PUBLIC LABOR OBLIGATION IN EMERGENCY CASES WHEN NATURAL CALAMITIES, FIRES AND EPIDEMICS OCCUR
...
...
...
1. The Prime Minister shall decide the mobilization in emergency cases where particularly serious incidents occur with great impacts on socio-economic activities or hazards to ecological environment in many provinces and/or centrally-run cities, or within one province or centrally-run city, which are beyond the handling capacity of the provincial level;
2. The presidents of the provincial-level People’s Committees shall decide the mobilization when emergency cases occur in many districts, urban districts, provincial capitals, provincial towns or within one district, urban district, capital or provincial town, which are beyond the handling capacity of the district level;
3. The presidents of the district-level People’s Committees shall decide the mobilization when emergency cases occur in many communes, wards, district townships or within one commune, ward, district township, which are beyond the handling capacity of the commune level;
4. The presidents of the commune-level People’s Committees shall decide the mobilization when emergency cases occur within their respective communes, wards or district townships.
In cases where they are unable to handle such cases, the presidents of the People’s Committees shall have to promptly report them to their immediate higher-level for handling.
REGIMES TOWARD THE PEOPLE PERSONALLY PERFORMING THEIR PUBLIC LABOR OBLIGATION
...
...
...
2. Allowances specified in Clause 1 of this Article shall be calculated according to the actual daily working hours. Each working period of from 2 to 4 hours shall be counted a half workday; each working period of from over 4 to 8 hours shall be counted a full workday. In cases of extra-time work, each extra-time working hour shall be accounted as two routine working hours.
3. Besides the allowance regime specified in this Article, the people, who perform the public labor obligation in emergency cases at places far from their residence places and are unable to travel the distance daily, shall be given meal allowances. The meal allowance level shall be set by the People’s Committees of the provinces and centrally-run cities where such emergency cases occur.
The Government shall specify the medical expenses, funeral cost and allowance regimes.
1. Spending amounts for the annual public labor obligation shall be deducted from the annual public labor resource in cash of the project managing levels. If such source is insufficient, it shall be supplemented by the local budget of the same level;
2. Spending amounts for the public labor obligation in emergency cases shall be deducted from the budget of the level that has issued the mobilization decision. Particularly for emergency cases of storms and/or floods, the storm and flood prevention and combat fund shall be used.
...
...
...
2. The Ministry of Labor, War Invalids and Social Affairs shall be answerable to the Government for performing the State management over the public labor obligation.
3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within their respective tasks and powers, coordinate with the Ministry of Labor, War Invalids and Social Affairs in performing the State management over the public labor obligation.
4. The People’s Committees of all levels shall, within their respective tasks and powers, have to perform the State management over the public labor obligation in their respective localities.
...
...
...
2. The presidents of the People’s Committees of all levels shall decide the mobilization of public labor in emergency cases according to the competence defined in Clauses 2, 3 and 4, Article 24 of this Ordinance and report the result thereof to the immediate higher level after each mobilization.
3. Annually, the provincial-level People’s Committees shall report to the Government on the performance of the public labor obligation in their respective localities.
COMMENDATION, REWARDS AND HANDLING OF VIOLATIONS
...
...
...
Article 42.- This Ordinance shall take effect from January 1st, 2000.
Article 43.- This Ordinance replaces the November 10, 1988 Ordinance on the Public Labor Obligation.
The previous regulations which are contrary to this Ordinance are now annulled.
Article 44.- The Government shall detail and guide the implementation of this Ordinance.
...
...
...
File gốc của Ordinance No. 15/1999/PL-UBTVQH of September 3, 1999 on The Public Labor Obligation đang được cập nhật.
Ordinance No. 15/1999/PL-UBTVQH of September 3, 1999 on The Public Labor Obligation
Tóm tắt
Cơ quan ban hành | Uỷ ban Thường vụ Quốc hội |
Số hiệu | 15/1999/PL-UBTVQH |
Loại văn bản | Pháp lệnh |
Người ký | Nông Đức Mạnh |
Ngày ban hành | 1999-09-03 |
Ngày hiệu lực | 2000-01-01 |
Lĩnh vực | Lao động - Tiền lương |
Tình trạng | Hết hiệu lực |